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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.
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
Contents:ForewordPART I: INNOVATION, DEVELOPMENT AND INTELLECTUAL PROPERTY1. Innovation and DevelopmentGraham Dutfield and Uma Suthersanen2. Innovation and the Law of Intellectual PropertyUma Suthersanen and Graham Dutfield3. Utility Models and Other Alternatives to Patents Uma Suthersanen and Graham Dutfield4. Policy Considerations for GovernmentsUma Suthersanen and Graham DutfieldPART II: HARNESSING MINOR INNOVATION: NATIONAL STUDIES5. Singapore Kit Boey Chow, Kah Mun Leo and Susanna Leong6. Australia Andrew Christie and Sarah Moritz7. Japan and South Korea Graham Dutfield and Uma Suthersanen8. China and TaiwanKit Boey Chow, Kah Mun Leo, Susanna Leong with Jerry Hsiao 9. The ASEAN States Uma Suthersanen with Lim Heng Gee10. Utility Models in Latin AmericaManuel MarquezPART III: DIVERSE PATHS TO AN INNOVATIVE FUTURE11. Conclusions and Recommendations Uma Suthersanen and Graham DutfieldIndex
'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.'