Working Within the Boundaries of Intellectual Property: Innovation Policy For The Knowledge Society

This book is the long-awaited companion volume to the highly acclaimed Expanding the Boundaries of Intellectual Property, published by Oxford University Press in 2001. That book argued for strong private rights whilst at the same time calling for caution in the expansionary trend. In the period since the first volume, intellectual property protection has grown ever stronger, and this new book focuses on finding ways to cope with the fragmentation of rights and the complex framework this expansion of rights has created. At the core of the book are considerations of such initiatives as patent clearing models, standard setting organizations, licensing arrangements and informal work-arounds. It also examines the measures that seek to protect the public domain, including strategic licensing, collective rights organizations, and non-profit ventures such as creative commons and open-source publishing. Drawing on expertise from a number of disciplines including law, economics and sociology, the book is international in approach and fuses scholarly research with legal practice. It will be of great interest to scholars in intellectual property and innovation, policy-makers, and practitioners with an interest in the future of the field.

Table of Contents:
Part I:Long-Lived Rights and the Anti-Commons 1: Wesley M. Cohen and John P. Walsh: Access-or not-in Academic Biomedical Research 2: Diane Leenheer Zimmerman: Cultural Preservation: Fear of Drowning in a Licensing Swamp 3: R. Anthony Reese: Preserving the Unpublished Public Domain Part II: Collective Strategies 4: Katherine J. Strandburg: Norms and the Sharing of Research Materials and Tacit Knowledge 5: Niva Elkin-Koren: User-Generated Platforms 6: Theodore C. Bergstrom and Daniel L. Rubinfeld: Alternative Economic Designs for Academic Publishing Rebecca S. Eisenberg: Comment: Costs, Norms, & Inertia: Avoiding an Anticommons for Proprietary Research Tools Michael W. Carroll: Comment: The Role of Copyright Law in Academic Journal Publishing Ann Okerson: Comment: The Cost of Utopia: Scholarly Publishing - A Perspective from a Research University Josef Drexl: Comment: In Favor of a Multi-Track Copyright System 7: Sean M. O'Connor: IP Transactions as Facilitators of the Globalized Innovation Economy 8: Eric Brousseau, Natalia Lyarskaya, and Carlos Muñiz: Complementarities Among Governance Mechanisms: An Empirical and Theoretical Assessment of Cooperative Technology Agreements 9: Carol Mimura: Nuanced Management of IP Rights: Shaping Industry-University Relationships to Promote Social Impact 10: Geertrui Van Overwalle: Designing Models to Clear Patent Thickets in Genetics 11: Richard Gilbert: The Essentiality Test for Patent Pools Brian D. Wright: Comment: Agricultural Biotechnology: The Quest to Restore Freedom to Operate in the Public Interest Nancy Kopans: Comment: Aggregation of Scholarly Content in the Digital Era: Reaping the Benefits, Identifying the Challenges Part III: Public Ordering: The Possibilities and Limits of Government Intervention 12: Daniel A. Crane: Patent Pools, RAND Commitments, and the Problematics of Price Discrimination 13: Ariel Katz: Copyright Collectives: Good Solution but for Which Problem? June M. Besek: Comment: Enabling Digital Preservation by Expanding the Library Exceptions in the US Copyright Act: The Section 108 Study Group 14: Margaret Chon: A Rough Guide to Global Intellectual Property Pluralism 15: Jane C. Ginsburg: Contracts, Orphan Works, and Copyright Norms: What Role for Berne and TRIPS?

About the Author :
Rochelle C. Dreyfuss - Rochelle C. Dreyfuss is 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. Harry First - Harry First is Charles L. Denison Professor of Law at New York University School of Law and Director of its graduate Trade Regulation Program. He specializes in antitrust law. His writing has focused on international and enforcement aspects of antitrust, as well as on issues relating to intellectual property and antitrust. Professor First has also served as Chief of the Antitrust Bureau of the Office of the Attorney General of the State of New York. Diane Leenheer Zimmerman - Diane Leenheer Zimmerman is Samuel Tilden Professor of Law Emerita at New York University School of Law. She writes about intellectual property, first amendment, and women's rights 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.

Review :
This is a rich and exciting volume that takes on board the expansive trajectory of intellectual property protection and explores through many prisms, within the boundaries given, challenges and solutions for information-society innovation. Working within the Boundariesexamines a broad spectrum of market and nonmarket private ordering tools, ranging from patent pools and collective licensing to creative commons and open science publishing, for managing our current regime of broad intellectual property rights. As the eminent contributors to this volume elucidate in rich, nuanced, granular detail, those tools are designed to overcome the obstacles that broad intellectual property rights can pose to public access to creative expression and inventions and the ability of creators and inventors to build upon existing works - and are only partly successful in achieving those goals. This book presents an invaluable interdisciplinary analysis of how copyright and patent actually operate on the ground in today's knowledge economy.