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DIME Working Papers series on Intellectual Property Rights 6 - 10

WP6: IPR Developed by Public Researchers: The 3 Routes Available Under the Current Italian Legal System

Barbara Angelini, Italian National Reserach Council CNR
Francesco Saverio, Italian National Reserach Council CNRegal System

WP7: Industrial and Health Related Aspects of a Global IPR Regime in Developing Countries: Case Studies From the South

Samira Guennif, CEPN UMR-CNRSUniversite Paris 13

WP8: Can Intellectual Property Rights be Morally Justified? The Case of Human Gene Patents.

Theodoros Papaioannou, The Open University UK

In the IP literature, patents, copyrights, trademarks and trade secrets are considered to be statutory and moral ways of increasing innovations and boosting technological development. For this reason, individual rights to IP have been extended to almost all knowledge intensive sectors, including health care.

This paper draws on a recent study of the moral foundations of IPRs, examining the plausibility of patents, copyrights, trademarks and trade secrets in relation to four theories of liberal morality: natural law (Locke); personality development (Hegel); just reward (Nozick); and social utility (Bentham). Furthermore, the paper takes a closer look at the case of human gene patents in order to sustain the following argument: IPRs cannot be morally justified on the grounds of natural-law, personality development, just reward and social utility. Rather, they can be seen as particular political developments which aim to reproduce the social division of labour at regional, national, international and global levels.

WP9: The Effect of Strategic Patenting on Cumulative Innovation in UMTS Standardization

Rudi Bekkers, Ecis
Joel West, San Jose State University

Since the 1990s, intellectual property rights have become increasingly important in the telecommunications sector. In particular, the strategic role of patents played in the GSM standard irrevocably changed the IPR strategies within the sector, increasing both the revenues and barriers provided by telecom patents.

The issues raised by GSM foreshadowed comparable impacts of patents upon other ICT standards. These developments parallels broader concerns raised by researchers about the risk that such patents impede the process of cumulative innovation, a problem some have labeled “the tragedy of the anticommons.” After reviewing research on the various controversies regarding patents, cumulative innovation and standardization, we review the evolution of the role of patents in telecommunications standards.

We then analyze the role of 1227 unique “essential” patents declared in the standardization of Universal Mobile Telecommunications System (UMTS), the thirdgeneration successor to GSM. Using a combination of data sources, we show how differences in the timing, nature and scope of patenting activities relate to firms’ business models, competitive position and role in the standardization activity.

From this, we offer broader observations about the limits of existing IPR policies and coordination mechanisms, as well as the likely impact of various policy alternatives on patent proliferation in telecommunications standardization.

WP10: Value Creation from Patents: Empirical study

Ludmila Striukova, Roehampton University

The main aim of this article is to examine the role of governance structures in value creation from patents. We discuss in turn how value can be created when patents are co-owned, used in licensing-in, licensing-out or cross-licensing agreements or contributed to a patent pool.

Our analysis shows that non-market value embedded in patents is becoming more important for companies when they use their patents in cooperative governance structures. In addition, we empirically confirm that there is a relationship between the governance structures companies choose and the type of value they seek. Our analysis also shows that the choice of patent governance structures is based on the objectives of the company in terms of value creation.

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