Innovation Without Patents: Harnessing the Creative Spirit in a Diverse World
Author(s): Uma Suthersanen (Editor), Graham Dutfield (Editor), Kit Boey Chow (Editor)
Publisher: Edward Elgar Publishing Ltd
Publication Date: 26 Jan. 2007
Language: English
Print length: 224 pages
ISBN-10: 9781845429591
ISBN-13: 1845429591
Book Description
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.
Editorial Reviews
Review
‘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
About the Author
Edited by Uma Suthersanen, Professor in International Intellectual Property Law, Centre for Commercial Law Studies, 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
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