Strategic Use and Adaptation of Intellectual Property Rights Systems in Information and Communications Technologies- based Research comments on
Dec 18, 2015
Strategic Use and Adaptation of Intellectual Property Rights Systems
in Information and Communications Technologies-based Research
comments on
expanding knowledge base
searchable, linkable
globalized reach/access
enriched, contextualized objects
expansion of codified knowledge
expanded strategic landscape II
• expanded tools for controlling, mediating access
• expanded scope of IP strategies
• expanded use value of openness
• diversity of organizational models
• increased relative value of tacit knowledge
contrasting models for funded research
• narrowly focused: Bayh-Dole– research agency funds single university program– university grants exclusive license in most cases
• massively distributed: Networks of Excellence– heterogenous teams– large, multifaceted programs– divergent IP interests– “strategic use” of IPR
• high potential transactions costs for complex projects (4-6%?)– policy implications– need for reporting
factors favoring different models for knowledge transfer
open
• strong network effects• unknown applications &
opportunities – low barriers– use in research– importance of creativity
• very large market– incentive unnecessary– centralized planning not
desirable• alternative means of
appropriating returns– first mover advantages,
complements
controlled
• well-defined development path
• substantial barriers to commercialization– development costs
– commercialization costs
• high returns relative to transaction costs
• delimited, identified market
• intellectual property vs. human capital– costs and benefits of student participation– long-term freedom to operate
strategic importance to universities
• copyright– by practice abandoned to publishers
• patent– usually assigned on exclusive basis
• database– may be critical to ongoing research lines
changing perspective of the university
• copyright: expressed knowledge– traditional dual perspective: producer and user– user interests dominate at institutional levelbut roles are realigned by information technology
• patent: technology– traditional: producer of unpatentable sciencebecoming upstream producer of technologyuniversity becomes both producer and user of patented
processes (esp. biotech, software)• increased exposure as user, esp. with virtual elimination of
research exemption
• database: data• repeat user, occasional producer
expanded strategic landscape II
• expanded tools for controlling, mediating access
• expanded scope of IP strategies
• increased use value of openness
Steve Lawrence, Online or Invisible?, Nature, Volume 411, Number 6837, p. 521, 2001.
frequently cited articles more likely to be found online
the relationship between ICT and IPR
• copyright, database protection argument– digitization/Internet increase vulnerability, require
stronger protection to promote access Directive 2001/29/EC, DMCA
• patent argument– an increasingly important part of the economy
deserves patent protection directive on computer-implemented inventions