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Innovation, Competition and Collaboration
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Innovation, Competition and Collaboration

9781784715762 Edward Elgar Publishing
Edited by Dana Beldiman, Professor, Bucerius Law School, Hamburg, Germany and Professor-in-Residence, University of California, Hastings College of the Law, San Francisco, US
Publication Date: 2015 ISBN: 978 1 78471 576 2 Extent: 224 pp
As innovation processes become increasingly collaborative, new relationships among players in the innovation space emerge. These developments demand new legal structures that allow horizontally integrated, open and shared use of intellectual property (IP). This book examines the fundamental issues regarding the collaborative use of IP and discusses emerging trends including: the interpretation of FRAND terms in the context of standard essential patents; secondary liability of technology providers; contractual arrangements in trademark law, and the treatment of IP issues in specific emerging industries.

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Critical Acclaim
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Innovation, Competition and Collaboration explores intellectual property (IP) in an era of fast-paced innovation, where private contractual arrangements for shared use of IP are seen to enhance competitive advantage. This timely book examines emerging innovation models and offers a forward-thinking, globalized perspective on critical developments in IP law.

As innovation processes become increasingly collaborative, new relationships among players in the innovation space emerge. These developments demand new legal structures that allow horizontally integrated, open and shared use of IP. In this book, expert contributors review fundamental issues surrounding the collaborative use of IP and discuss emerging trends. The topics discussed include: the interpretation of FRAND terms in the context of standard essential patents; secondary liability of technology providers; contractual arrangements in trademark law, and the treatment of IP issues in specific emerging industries.

Academics and practitioners alike will find this compelling discussion both informative and pragmatic, benefiting from the insight into how and why, in this modern innovation environment, competitive advantage is not premised solely on IP exclusivity.
Critical Acclaim
‘This timely collection guides us to rethink the role of intellectual property law in a shared knowledge environment. Covering a wide range of topics – from smartphone wars to fashion design and from synthetic biology to digital content – this book greatly advances our understanding of open and collaborative innovation.’
– Peter K. Yu, Drake University Law School, US
Contributors
Contributors: D. Beldiman, M.W. Carroll, S. Dusollier, G. Ghidini, A. Kur, T. Minssen, A. Ohly, A. Stazi, T. Vinje, J. De Werra, J.B. Wested





Contents
Contents:

INTRODUCTION
Exclusion and Inclusion: The Role of IP Laws in a Shared Knowledge Environment
Dana Beldiman

PART I THE INTERSECTION OF STANDARDS, FRAND AND COMPETITION LAW
1. Coopetition: The Role of IPRs
Gustavo Ghidini and Andrea Stazi

2. FRAND, Hold-up and Hold-out
Thomas Vinje

3. Standardization, IPRs and Open Innovation in Synthetic Biology
Timo Minssen and Jakob B. Wested

PART II PRIVATE ORDERING IN A SHARED KNOWLEDGE ENVIRONMENT
4. Openness in Trademark Law: A Viable Paradigm?
Annette Kur

5. Managing the Risks of Intellectual Property Interdependence in the Age of Open Innovation
Jacques de Werra

6. Expressive Dimensions of Design: A Question of Incentive?
Dana Beldiman

PART III ALLOWING FOR CREATIVE SPACE TOWARDS AN OPEN ENVIRONMENT
7. A Positive Status for the Public Domain
Séverine Dusollier

8. Why Protecting Internet Service Providers From Liability For Users' Copyright Infringement Has Been A Policy Success
Michael W. Carroll

9. Exhaustion of Rights: A Concept for the Digital World?
Ansgar Ohly

Index





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eISBN: 978 1 78471 577 9
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