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Intellectual Property as a Complex Adaptive System

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Intellectual Property as a Complex Adaptive System

The role of IP in the Innovation Society

9781800378377 Edward Elgar Publishing
Edited by Anselm Kamperman Sanders, Professor of Intellectual Property Law, International and European Law Department and Anke Moerland, Associate Professor of Intellectual Property Law, International and European Law Department, Maastricht University, the Netherlands
Publication Date: December 2021 ISBN: 978 1 80037 837 7 Extent: c 232 pp
This incisive book examines the role of Intellectual Property (IP) as a complex adaptive system in innovation and the lifecycle of IP intensive assets. Discussing recent innovation trends, it places emphasis on how different forms of intellectual property law can facilitate these trends. Inventors and entrepreneurs are guided through the lifecycle of IP intensive assets that commercialise human creativity. Utilising a range of sector specific, interdisciplinary and actor-focused approaches, each contribution offers suggestions on how Europe’s capacity to foster innovation-based sustainable economic growth can be enhanced on a global scale.

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Critical Acclaim
Contributors
Contents
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This incisive book examines the role of Intellectual Property (IP) as a complex adaptive system in innovation and the lifecycle of IP intensive assets. Discussing recent innovation trends, it places emphasis on how different forms of intellectual property law can facilitate these trends. Inventors and entrepreneurs are guided through the lifecycle of IP intensive assets that commercialise human creativity.

Utilising a range of sector-specific, interdisciplinary and actor-focused approaches, each contribution offers suggestions on how Europe’s capacity to foster innovation-based sustainable economic growth can be enhanced on a global scale. This comprehensive book addresses the role of IP in public–private partnerships and business transactions and further explores how IP law can uphold distributive justice in the innovation society. Chapters span a range of topics of great societal interest, including standard essential patent licensing in the Internet of Things, patent quality concerns under competition law and the role of market-driven and legislative solutions to online music licensing.

Intellectual Property as a Complex Adaptive System will be a key resource for students and scholars of IP law, innovation and economics. It will also be vital reading for practitioners, knowledge-intensive industry representatives and innovation and technology transfer specialists.
Critical Acclaim
‘Too often, scholars and policymakers view innovation and creative activity as little more than undifferentiated profit motive that can and should be shaped by government regulation. This refreshing volume demonstrates that the world is far more complex, and that policymakers must understand that complexity before designing successful interventions, which may not take the form of traditional regulation. Everyone who is interested in the future of intellectual property policy needs exposure to the insights in this book.’
– Robert Brauneis, The George Washington University Law School, US

‘The authors use the umbrella of “complex adaptive systems” to expose readers to a selection of topics that demonstrate the increasing complexity of intellectual property law. The chapters, which range from a high-level view of conceptual matters to a detailed review and analysis of legal topics, address a number of important contemporary issues. The volume reveals new complexities that permeate current intellectual property law, and discusses some of the new phenomena that have emerged over the past two to three decades.’
– Marketa Trimble, University of Nevada, Las Vegas, US
Contributors
Contributors include: R. Abbott, C. Augenstein, B. Conde Gallego, M. D’Ostuni, R. Dreyfuss, D.A. Harper, A. Kamperman Sanders, G. Mazziotti, A. Moerland, A. Zappalaglio
Contents
Contents:

Introduction to Intellectual Property as a Complex Adaptive System xv
Anselm Kamperman Sanders and Anke Moerland

PART I PATENTS AND INNOVATION
1 Intellectual property as a complex adaptive system 2
Anselm Kamperman Sanders and Anke Moerland
2 Intellectual property rights structures as complex and
emergent phenomena 18
David A. Harper
3 How to protect technology: enforcement of patents in
Europe today and in the future 43
Christof Augenstein
4 SEP licensing in the Internet of Things: is there a case for
a duty to license upstream implementers? 60
Beatriz Conde Gallego
5 Patent quantity concerns under competition law 82
Marco D’Ostuni
6 The machine having ordinary skill in the art 102
Ryan Abbott

PART II MARKETS, COLLECTIVE MANAGEMENT
AND CREATIVITY
7 Sui generis , bureaucratic and based on origin: a snapshot
of the nature of EU Geographical Indications 130
Andrea Zappalaglio
8 The role of market-driven and legislative solutions to
online music licensing in Europe 151
Guiseppe Mazziotti

PART III INSTITUTIONS AND JUSTICE
9 Investor-state dispute settlement as a constraint on
intellectual property lawmaking 178
Rochelle Cooper Dreyfuss

Index
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