Expanding the Boundaries of Intellectual Property Innovation Policy for the Knowledge Society

by Dreyfuss, Rochelle Cooper; Zimmerman, Diane Leenheer; First, Harry

• ISBN13: 9780198298571
• ISBN10: 0198298579
• Format: Hardcover
• Copyright: 2001-05-24
• Publisher: Oxford University Press

Summary

This book focuses on the question of how much control innovators should be given over their works. The first parts examine the trend to increase control: first, by expanding the scope of intellectual property rights to add new subject matter; secondly, through increasing transactionalautonomy. The former issue represents the key concerns of the intellectual property community; the latter issue is currently before both state and national legislatures.The question that these groups are debating is the subject of the next part: whether strong intellectual property rights, coupled with a high degree of transactional autonomy, promote innovation or chill interchange. One view is that the current legal regime should not be altered because itrepresents the right balance between the needs of information producers and the requirements of users. The contrary view is that stronger rights would allow potential collaborators to find one another, bargain for beneficial exchanges, and reallocate rights. The final sections explore the bases inconstitutions, laws, and treaties for protecting the public domain. Four judges from the US federal courts and the UK high court then debate the practicalities of the frameworks proposed.

Author Biography

Professor Dreyfuss is currently the director of the Engelberg Center on Innovation Law and Policy, which sponsors interdisciplinary research on questions concerning the allocation of global resources to creative enterprises. Her research and teaching interests include intellectual property, privacy, the relationship between science and law, and civil procedure.
Diane Leenheer Zimmerman is Professor of Law at New York University School of Law. She writes about first amendment, women's rights and intellectual property issues. She lectures frequently in the United States and abroad on copyright, innovation policy and theory, libel, privacy, commercial speech, the regulation of pornography, and other issues. Harry First joined the faculty of New York University School of Law in 1976, where he currently teaches. Professor First is currently on leave from his position at NYU, serving as Chief of the Antitrust Bureau in the Office of the Attorney General of the State of New York.

Table of Contents

Acknowledgements	vii
Introduction	ix
Biographies	xv
Tables of Cases	xxv
Tables of Legislation	xxxv
Tables of ECIEU Legislation	xliii
PART I: EXPANDING THE PRIVATE DOMAIN
The Innovation Lottery	3	(20)
F. M. Scherer
Of Green Tulips and Legal Kudzu: Repackaging Rights in Subpatentable Innovation	23	(32)
Jerome H. Reichman
US Initiatives to Protect Works of Low Authorship	55	(26)
Jane C. Ginsburg
PART II: THE GROWTH OF PRIVATE ORDERING REGIMES
Setting Compatibility Standards: Cooperation or Collusion?	81	(22)
Carl Shapiro
Self-Help in the Digital Jungle	103	(20)
Kenneth W. Dam
Institutions for Intellectual Property Transactions: The Case of Patent Pools	123	(44)
Robert P. Merges
A Plan for the Future of Music Performance Rights Organizations in the Digital Age	167	(24)
Bennett M. Lincoff
PART III: THE CLAIMS OF THE PUBLIC DOMAIN
A Public-Regarding Approach to Contracting Over Copyrights	191	(32)
Niva Elkin-Koren
Bargaining Over the Transfer of Proprietary Research Tools: Is This Market Failing or Emerging?	223	(28)
Rebecca S. Eisenberg
Networks of Learning in Biotechnology: Opportunities and Constraints Associated with Relational Contracting in a Knowledge-Intensive Field	251	(16)
Walter W. Powell
A Political Economy of the Public Domain: Markets in Information Goods Versus the Marketplace of Ideas	267	(28)
Yochai Benkler
PART IV: IMPLEMENTING INNOVATION POLICY FOR THE INFORMATION AGE
Balancing Proprietary and Public Domain Interests: Inside or Outside of Proprietary Rights?	295	(22)
Thomas Dreier
Competition to Innovate: Strategies for Proper Antitrust Assessments	317	(26)
Susan DeSanti
William Cohen
Copyright and Freedom of Expression in Europe	343	(22)
P. Bernt Hugenholtz
Intellectual Property, Access to Information, and Antitrust: Harmony, Disharmony, and International Harmonization	365	(40)
Hanns Ullrich
PART V: VIEWS FROM THE BENCH
Who Decides the Extent of Rights in Intellectual Property?	405	(10)
Frank H. Easterbrook
The Onward March of Intellectual Property Rights and Remedies	415	(6)
Hon. Robin Jacob
Academia and the Bench: Toward a More Productive Dialogue	421	(10)
Hon. Jon O. Newman
Intellectual Property in the Courts: The Role of the Judge	431	(8)
Diane P. Wood
Index	439