Innovation Society and Intellectual Property

Edited by Josef Drexl, Director, Max Planck Institute for Innovation and Competition, Munich, Germany and Anselm Kamperman Sanders, Professor of Intellectual Property Law, International and European Law Department, Maastricht University, the Netherlands

'''Does IPR boost or hamper innovation?''. This has been asked many times over the years. This extraordinary book asks the question again but without any attempt to provide for a straight-forward answer. Instead it relies on an impressive line-up of IPR legal scholars to show the reader where to look for answers and it points to ways of thinking about the complex relationship between IPR and innovation. Remarkably it does so without diminishing the complexities or taking anything for granted.'--Jens Schovsbo, University of Copenhagen, Denmark'Innovation is key for the development of our industrialised society. This is often complemented with the idea that IP is an essential tool to stimulate innovation. This volume puts that concept to the test. Did the expansion of IP stimulate innovation or is there a need to limit the scope of IP and give preference to the public domain? And where does open innovation and user-generated content fit in? All the answers are here and they are an exciting read.'--Paul Torremans, University of Nottingham, UK

• Contents:PrefacePart IIP Expansion: The Effect of New Intellectual Property Rights on Innovation1. Utility models: Do they really serve national innovation?Uma Suthersanen2. Plant Varieties: Is UPOV 1991 a good fit for developing countries?Mrinalini Kochupillai 3. Geographical indications and innovation, what is the connection?Anke MoerlandPart IIA Need to Limit the scope of intellectual Property?4. Examining the public domain empiricallyKris Erickson, Martin Kretschmer and Dinusha Mendis5. A doctrine of the public domainAlexander Peukert 6. Free-riding on the repute on trade marks – Does protection generate innovation?Ansgar Ohly7. The European foreign policy for intellectual property rights enforcementXavier Seuba and Elena Dan8. Revisiting the patent misuse doctrine: Its potential contribution to maintaining incentives for innovationDaryl Lim9. Standard-essential patents – Limiting exclusivity for the sake of innovationPeter PichtPART IIINEW PARADIGMS OF INNOVATION IN INTELLECTUAL PROPERTY10. Intellectual property and open innovation in 3D printing – A different form of exclusivityNari Lee11. Transformative use and user-generated content – Integrating new paradigms of creativity in copyright lawMatthias Leistner and Verena Roder-HießerichIndex