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Innovation Without Patents

Harnessing the Creative Spirit in a Diverse World Edited by Uma Suthersanen, Professor in International Intellectual Property Law, Queen Mary, University of London, UK, Graham Dutfield, Professor of International Governance, School of Law, University of Leeds, UK and Kit Boey Chow, formerly of Singapore IP Academy, Singapore
A question the book considers is how far legal protection should extend to inventions that may only just, or indeed not quite, meet the conventional criteria for patentability, in terms of the level of inventiveness. Innovation without Patents offers a thoughtful and empirically rich analysis of the current system in a number of developed and developing countries in the Asia-Pacific. It asks whether such innovations should remain free from patenting, or whether alternative intellectual property regimes should be offered in such cases, and indeed whether the requirements change depending on a country’s level of development. This discussion is capped by a number of proposed policy options.
Extent: 224 pp
Hardback Price: $127.00 Web: $114.30
Publication Date: 2007
ISBN: 978 1 84542 959 1
Availability: In Stock
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  • Innovation and Technology
  • Intellectual Property
  • Law - Academic
  • Intellectual Property Law
This book is concerned with the extent to which innovations should or should not be protected as intellectual property, and the implications this has upon the ability of local manufacturers to learn to innovate.

A question the book considers is how far legal protection should extend to inventions that may only just, or indeed not quite, meet the conventional criteria for patentability, in terms of the level of inventiveness. Innovation without Patents offers a thoughtful and empirically rich analysis of the current system in a number of developed and developing countries in the Asia-Pacific. It asks whether such innovations should remain free from patenting, or whether alternative intellectual property regimes should be offered in such cases, and indeed whether the requirements change depending on a country’s level of development. This discussion is capped by a number of proposed policy options.

The theoretical and practical approaches to intellectual property rights, innovation and development policy formulation make Innovation without Patents accessible to academics, national and regional patent offices, national overseas development agencies, NGOs and patent attorneys.
‘This book is compact and very readable. It discusses a subject-matter which is rarely considered and concisely reflects the ideas and concerns of a variety of leading scholars. . . What is most fascinating, to a lawyer, about this new book, is that it goes beyond the traditional boundaries of IP rights. . . The book gives insight in the basic economics and rationale behind IP law and pulls the reader into a wider political and societal debate on development. . . lawyers, who often take the existing IP system for granted, will find this book inspirational, even if it were just to broaden their horizons.’
– Philippe de Jong, Journal of Intellectual Property Law and Practice

‘For anyone with an interest in patent law, intellectual property law generally, and/or the interplay of policy and practice at the forefront of an essentially economic but ideology laden area of law, this is an excellent work providing much food for thought. . . This work is an excellent addition to the literature in the area and will fuel ongoing debate over reform. At the very least it will provide an interesting read for those with an interest in intellectual property law, or who practice in the area. The practice of law can all too easily exhibit the worst attributes of scholasticism; work such as this is an enjoyable remedy, and I recommend this book for all those who care to reflect upon the deeper themes of this area of law and who have an interest in the process of debate as opposed to advocacy for a particular position. . . A decent glass of something along with this book makes for an enjoyable few hours at the very least.’
– Gus Hazel, New Zealand Law Journal

‘The current patent system is both facilitator and stumbling block, as the editors recognise, and the problems raised by “borderline” inventions at the margins of patentability, as well as the detection and deterrence of free riders, reflect this ambiguity. The editors are to be congratulated on putting together such a good and enjoyable read, complete with a set of conclusions and recommendations.’
– ipkat.com

‘Clearly written in an accessible style, this book brings together
economic thinking on innovation and legal thinking on unpatentable
invention and sets them in the context of the legal systems in countries
in various parts of the world. Its great merit is the emphasis on
empirical and institutional analysis of theory and practice. It should
inform IP policy-making everywhere.’
– Ruth Towse, Erasmus University Rotterdam, The Netherlands

‘This book asks whether or not protecting unpatentable innovation is a good idea, especially for developing countries. Edited by well-known specialists from the Queen Mary IP Institute and the Singapore IP Academy, who have included their own substantial contributions, the work contains a number of valuable empirical studies by national experts mainly from the Far East and Latin America on the operation of national utility models and other similar schemes designed to protect innovation outside the patent system. The book is essential reading for lawyers, economists, policy makers and NGOs concerned with how best to encourage national and regional innovation and economic prosperity.’
– David Vaver, University of Oxford, UK

‘Focusing on innovation and development, this book, easy to read and full of interesting detail, provides both valuable insight into the theoretical framework of innovation as supported by intellectual property protection and contains valuable case studies of national systems of innovation in the Pacific Rim States.’
– Thomas Dreier, University of Karlsruhe, Germany
Contributors: K.B. Chow, A. Christie, G. Dutfield, L.H. Gee, J. Hsiao, K.M. Leo, S. Leong, M. Marquez, S. Moritz, U. Suthersanen
Contents:

Foreword

PART I: INNOVATION, DEVELOPMENT AND INTELLECTUAL PROPERTY

1. Innovation and Development
Graham Dutfield and Uma Suthersanen

2. Innovation and the Law of Intellectual Property
Uma Suthersanen and Graham Dutfield

3. Utility Models and Other Alternatives to Patents
Uma Suthersanen and Graham Dutfield

4. Policy Considerations for Governments
Uma Suthersanen and Graham Dutfield

PART II: HARNESSING MINOR INNOVATION: NATIONAL STUDIES
5. Singapore
Kit Boey Chow, Kah Mun Leo and Susanna Leong

6. Australia
Andrew Christie and Sarah Moritz

7. Japan and South Korea
Graham Dutfield and Uma Suthersanen

8. China and Taiwan
Kit Boey Chow, Kah Mun Leo, Susanna Leong with Jerry Hsiao

9. The ASEAN States
Uma Suthersanen with Lim Heng Gee

10. Utility Models in Latin America
Manuel Marquez

PART III: DIVERSE PATHS TO AN INNOVATIVE FUTURE
11. Conclusions and Recommendations
Uma Suthersanen and Graham Dutfield

Index