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From transfer of technology to innovation through access


Picht, Peter Georg (2016). From transfer of technology to innovation through access. In: Ullrich, Hanns; Hilty, Reto M; Lamping, Matthias; Drexl, Josef. TRIPS plus 20 – From Trade Rules to Market Principles. Heidelberg, 509-527.

Abstract

While, in a traditional perception, IP law is all about protection and exclusivity, recent developments such as the strategic use of standard-essential patents (SEPs) present access rather than exclusion as a key driver for innovation. Although standardization generates important benefits to society it does also entail substantial risks such as the abuse of SEPs. From an analysis of important SEP-related practices it becomes evident that they constitute an important context in which a new demand for access to proprietary technology arises. When TRIPS is put to their litmus test, the result is double-edged. On the level of its fundamental provisions TRIPS cannot only accommodate the need for access. With its goal to balance the interests of technology owners and those who urge for a right to use protected technology TRIPS is even in the position to foster fair access. However, specific provisions on access requirements, such as Article 31 TRIPS on compulsory licenses, prove unsatisfactory. Until reform is brought about, the existing set of provisions must be read appropriately.

Abstract

While, in a traditional perception, IP law is all about protection and exclusivity, recent developments such as the strategic use of standard-essential patents (SEPs) present access rather than exclusion as a key driver for innovation. Although standardization generates important benefits to society it does also entail substantial risks such as the abuse of SEPs. From an analysis of important SEP-related practices it becomes evident that they constitute an important context in which a new demand for access to proprietary technology arises. When TRIPS is put to their litmus test, the result is double-edged. On the level of its fundamental provisions TRIPS cannot only accommodate the need for access. With its goal to balance the interests of technology owners and those who urge for a right to use protected technology TRIPS is even in the position to foster fair access. However, specific provisions on access requirements, such as Article 31 TRIPS on compulsory licenses, prove unsatisfactory. Until reform is brought about, the existing set of provisions must be read appropriately.

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Additional indexing

Item Type:Book Section, refereed, original work
Communities & Collections:02 Faculty of Law > Institute of Legal Sciences > Business Law
Dewey Decimal Classification:340 Law
Language:English
Date:2016
Deposited On:06 Dec 2016 08:22
Last Modified:02 Jun 2017 19:59
Series Name:MPI Studies on Intellectual Property and Competition Law
ISSN:2191-5822
ISBN:978-3-662-48106-6
Additional Information:MPI Studies on Intellectual Property and Competition Law
Free access at:Official URL. An embargo period may apply.
Publisher DOI:https://doi.org/10.1007/978-3-662-48107-3_15
Related URLs:http://www.recherche-portal.ch/ZAD:default_scope:ebi01_prod010597907 (Library Catalogue)

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