Doom As Well As Gloom; Letting Teach Of Ip Rights?

Doom in addition to gloom? Or are patents non the acid test?

was fascinated past times this doom-and-gloom article in Contractor UK, entitled "Europe plays a losing patent game". The article reports a vocalization communication past times the eU Commissioner for Science in addition to Research Janez Potocnik (right). It reads (in relevant part):

"European companies are failing to increase their marketplace portion of the world’s commercial technologies, alongside the USA straightaway filing to a greater extent than than twice every bit many patents internationally in addition to across the continent. Despite beingness recognised every bit 1 of the global leaders inward science, aerospace in addition to telecommunications, the European Union has a wretched tape at converting ideas into technologies compared to the dominant superpower. Such a alert came this calendar week from Janez Potocnil (sic), European Union Commissioner for Science in addition to Research, who told Europe’s innovators that their creations no longer tin compete on toll lonely [...].

Even though 1 3rd of the world's scientific cognition is sourced from the EU, key challenges rest inward tackling the competitive forces posed past times the fastest growing nations, Potocnik said. “European companies apply for fewer than 170 European in addition to USA patents each twelvemonth per meg inhabitants, compared alongside 400 for American companies,” he told delegates at an Austrian scientific discipline academy".

Left: USA manufacture has a chilling upshot on its European competitors

is unimpressed. Has anyone shown that the success of the USA corporations tin last correlated to the larger issue of patents taken out, every bit against their superiority inward fields such every bit marketing in addition to branding, their powerfulness to create on a homogeneous credit-rich (or debt-laden) dwelling menage market, or greater zeal for outsourcing (look how much Deutschland nonetheless manufactures - in addition to facial expression at the weak surgical physical care for of USA corporations that nonetheless manufacture inward the US, such every bit General Motors in addition to Ford)? Also facial expression how much of the USA dominance is related to their potency of the media/communications sectors in addition to their to a greater extent than relaxed thought of what constitutes anticompetitive practices. Take away the USA patent superiority in addition to the USA would nonetheless dominate. Merpel says, in addition to what proportion of USA patents are either desperately weak or of no serious commercial value? Europeans exactly don't locomote for that assort of patenting.


Letting locomote of intellectual belongings rights?

The Financial Times' Workshop 3 asks the question: "are intellectual belongings rights defensible whatever more?". Yes, says the IPKat - but the declaration of the Workshop runs similar this:

"Suppose they are not. The spread of the internet, the ascent inward consumer expectations inward the developing world, the increasing technological possibilities for stealing ideas in addition to the understandable clamour to tackle pandemics, such every bit Aids, are all threatening IPR. If electrical current trends proceed on steroids volition it merely locomote impossible to protect intellectual belongings rights past times 2015? If so, what challenges in addition to opportunities would that throw up?

Some companies are already proving they tin thrive inward this world: opened upward source software beingness the most notable example. Public goods are likewise beingness created: Wikipedia, the gratis online encyclopaedia that is written in addition to edited past times the public, is a goodness example.

Is counterfeiting fifty-fifty helping to increase the desirability of brands? Some companies privately seem to intend so. “It is terrible that yous are stealing our stuff, but if yous are going to pocket anyone’s in addition to then pocket ours,” says 1 observer. Will an IPR-less basis hateful in that location volition last fewer wretched people, fewer inventions, in addition to fewer lawyers?

The 3rd CEO workshop considered this novel basis focusing on the implications for the pharmaceutical, software, in addition to media in addition to amusement industries. [...]

(1) Pharmaceutical

The origin break-out grouping concluded the primal query was: who would pass the hundreds of millions of dollars to invent novel drugs if patents were no longer enforceable? Their answer: enquiry would cause got to last revolutionised. By making all enquiry publicly available, every bit alongside online encyclopaedias, yous could create collective, collaborative enquiry centres, speeding upward evolution in addition to reducing costs. Influenza A virus subtype H5N1 scientist inward Shanghai, say, could advise the missing slice inward a theoretical jigsaw beingness pose together inward California. “As all cognition became world people would combine it inward a unlike agency to create ideas. This could last highly economically efficient.”

The large pharma companies, of course, would loathe the idea. Research is afterwards all their pump in addition to soul. But governments could measuring inward to pump-prime research, mayhap past times levying a wellness revenue enhancement on their citizens. Publicly funded enquiry mightiness fifty-fifty let out treatments for those “unprofitable” diseases inward the developing basis that traditional pharma companies cause got no fiscal incentives to tackle. You never know, universities mightiness fifty-fifty larn dorsum to their master role of publishing enquiry rather than patenting their findings.

“I would cause got shot my researchers inward my society if they were talking virtually our ideas exterior the society but I intend a 12-year enquiry projection that nosotros conducted could cause got been done inward one-half the fourth dimension in addition to at one-half the cost [if in that location was such world collaboration],” said the main executive of 1 processing company.

However, the assembled executive said this hypothetical model would sure non piece the decease of the pharma companies. They would nonetheless cause got phenomenal strengths inward damage of manufacture expertise, manufacturing capability in addition to marketing know-how. Just every bit the consumer electronics companies had got used to surviving on thinner margins, thence the pharma companies mightiness cause got to adopt a novel trouble concern model.

(2)Software

The information technology entrepreneurs inward the room reckoned that the differentiation betwixt highly sophisticated software in addition to commodity output would widen inward an IPR-less world. People would nonetheless pay goodness coin for critical software that ensured your airplane landed safely or helped a surgeon operate on your youngster (or for that affair they would happily purchase a drug of trustworthy provenance that was proven to work). But it would last extremely hard to protect non-critical software, exactly every bit it is almost impossible to halt DVDs beingness pirated. Releasing software to Earth in addition to and then providing back upward services to customers mightiness supply 1 choice income stream.

Companies could endeavor to increase the barriers to copying. They could arrive at to a greater extent than to protect their merchandise secrets past times “in-sourcing” all development, in addition to splitting enquiry betwixt unlike teams thence that none had a thought of the entire project. They could likewise seek to packet hardware in addition to software exactly every bit the iPod personal players solely function alongside iTunes software. Or they could create “chains of trust” alongside consumers enabling their products to last approved past times electronic discussion of oral fissure every bit currently happens on the eBay auction site. There seemed to last unanimity that personalisation of products would assist retain consumer loyalty.

One item challenge for both the pharma in addition to the software industries inward this novel basis would last how to care for their employees. How could yous halt them from using valuable data gained at the workplace for personal gain? [...]

(3)Media in addition to entertainment

Several strategies were floated. First, pocket whatever is out in that location yourself. Inward-looking organisations could arrive at goodness hugely from copying ideas (or fifty-fifty products) from rivals. But media in addition to amusement companies would likewise demand to personalise their products or experiment alongside novel financing mechanisms (such every bit electronic “tipping” for articles on websites). “You cause got to cause got something unique thence that people come upward to you. It beingness surreptitious is one. But it may solely last 1 agency of many.”

Companies could likewise aim to create coin from context rather than content. Influenza A virus subtype H5N1 celluloid company, for example, could generate income past times providing a stimulating pic menage sense rather than selling the celluloid itself. But the celluloid manufacture mightiness likewise cause got to human face upward exactly about unpleasant truths.

“Since the fourth dimension of the pharaohs the pyramids cause got non been built. We should facial expression the decease of Titanic the movie. The thought of spending a quarter of a billion dollars on a celluloid virtually a sinking ship” is no longer going to work, said Jonathan Zittrain, professor of cyberspace governance at Harvard in addition to Oxford universities. [...]".

reminds readers that the Soviet Union in addition to its satellites developed a model that did non depend on IP rights. With a large in addition to heavily regulated domestic market, admirable social aims in addition to carefully-aimed solid reason investment, the USSR in addition to its tributaries produces piffling to amend the health, the comfort or the well-being of those members of the consumer guild who complain thence much virtually the evils of IP today. Is it non possible that the surroundings of tension in addition to conflict engendered past times IP rights is far to a greater extent than probable to create innovation in addition to the advance of scientific discipline than the artificial tillage of novel trouble concern (or non-business) models. The solely acre inward which the USSR's innovations matched those of its rivals was that of armaments - the solely "market" over which it could non retain control.