Kritika: Essays on Intellectual Property: Volume 6(Kritika: Essays on Intellectual Property)

The fields of intellectual property have broadened and deepened in so many ways that commentators struggle to keep up with the ceaseless rush of developments and hot topics. Kritika: Essays on Intellectual Property is a series that is designed to help authors escape this rush. It creates a forum for authors who wish to more deeply question, investigate and reflect upon the evolving themes and principles of the discipline.The essays in this 6th volume in the series draw new lines of research, reaching from investigating the imperfections of technology markets and ways to overcome them, to the complexity of the multiple interacting factors determining the needs and uses of intellectual property that reveals the futility of any wholesale assessment; from the dysfunctional attribution of rights of exploitation for patents resulting from publicly funded research, to the extension of patentability to aesthetic subject matter in the era of digitalization; from the ambivalent effects that philanthropic sponsorship of access to medicines may produce on creating a domestic pharmaceutical industry and infrastructure, to the expansion of protection of regulatory data by the rules on market authorization of pharmaceuticals; and finally, from the impact of technological change on the societal perception and the concepts of copyright, to that which artificial intelligence may eventually have on the very foundations of patent protection as an incentive for investment in innovation. With contributions from: Julian Cockbain, Christine Godt, E. Richard Gold, Christoph B. Garber, Dietmar Harhoff, Heinz Klug, Nari Lee, Gabriela Lenarczyk. Duncan Matthews, Sigrid Sterckx, Żaneta Zemła-Pacud

Table of Contents:
Contents List of contributors xi Advisory Board xii Editorial xiii 1 Dietmar Harhoff 1 Markets for technology and licensing – empirical evidence and policy options 2 Christine Godt 22 Under the radar: Patents as illegal subsidies 3 Heinz Klug 59 Philanthopy’s double-edged sword: Human rights, patents and access to essential medicines 4 Nari Lee 85 Algorithmic arts, aesthetic progress and patent law 5 Christoph B. Graber 121 Copyright insight out: A legal sociologist’s perspective 6 Sigrid Sterckx and Julian Cockbain 141 Is artificial intelligence a threat to the patent system? Some reflections on AI, creativity and inventorship, with illustrations from the DABUS case 7 Duncan Matthews, Gabriela Lenarczyk and Żaneta Zemła-Pacud 165 The European Medicines Agency’s path to greater access to pharmaceutical regulatory data: balancing intellectual property rights and the right to privacy 8 E. Richard Gold 193 Regulatory capitalism and legal evolution

About the Author :
Edited by Hanns Ullrich, Professor Emeritus, Affiliated Research Fellow, Max Planck Institute for Innovation and Competition, Munich, Germany, Peter Drahos, Professor Emeritus, European University Institute, Florence, Italy and Professor Emeritus, Australian National University, Canberra, Australia and Gustavo Ghidini, Professor Emeritus, University of Milan and Senior Professor of Intellectual Property and Competition Law, LUISS University, Rome, Italy,