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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.
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
Contents:Introduction to Intellectual Property as a Complex Adaptive System xvAnselm Kamperman Sanders and Anke MoerlandPART I PATENTS AND INNOVATION1 Intellectual property as a complex adaptive system 2Anselm Kamperman Sanders and Anke Moerland2 Intellectual property rights structures as complex andemergent phenomena 18David A. Harper3 How to protect technology: enforcement of patents inEurope today and in the future 43Christof Augenstein4 SEP licensing in the Internet of Things: is there a case fora duty to license upstream implementers? 60Beatriz Conde Gallego5 Patent quantity concerns under competition law 82Marco D’Ostuni6 The machine having ordinary skill in the art 102Ryan AbbottPART II MARKETS, COLLECTIVE MANAGEMENTAND CREATIVITY7 Sui generis , bureaucratic and based on origin: a snapshotof the nature of EU Geographical Indications 130Andrea Zappalaglio8 The role of market-driven and legislative solutions toonline music licensing in Europe 151Guiseppe MazziottiPART III INSTITUTIONS AND JUSTICE9 Investor-state dispute settlement as a constraint onintellectual property lawmaking 178Rochelle Cooper DreyfussIndex
‘Intellectual Property as a Complex Adaptive System will serve as a useful source for seasoned researchers and practitioners alike, who are interested in an interdisciplinary approach to IP.’