Global Dimensions of Intellectual Property Rights in Science and Technology (1993) / Chapter Skim
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8 Trends in Global Science and Technology and What They Mean for Intellectual Property Systems
8 Trends in Global Science and Technology and What They Mean for Intellectual Property Systems
Pages 192-207
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From page 192... ...
We are interested in protecting our intellectual property rights to obtain freedom of action for future manufacturing and marketing, and to provide a level, competitive playing field between companies that perform R&D and those that do not. These dual interests are characteristic of the computer and electronics industries.
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From page 193... ...
I see a growing awareness around the world that the basic concepts of intellectual property are sound and that flexible application of those concepts to new developments in science and technology makes sense. I return to these themes repeatedly in this chapter.
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From page 194... ...
If parts are missing, less happens and the system is apt to fail. A system that works well will have laws that protect the full spectrum of technology, everything from patent and trade secret protection, to copyright and trademark protection, from semiconductor "chip" topographic design protection, to protection for living matter, computer programs, and more.
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From page 195... ...
This, in turn, suggests the avoidance of sui generis approaches, which are
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From page 196... ...
It was also seen that for certain kinds of software, particularly customized software, standard criteria for trade secret protection could be found. Broken down into its several component parts, we now see that software can be served by three forms of intellectual property protection, depending on various factors.
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From page 197... ...
Third, the methods by which research is being pursued are changing. About the first point, risk is increasing as those of us who manage research programs decide what is most worth doing in an expanding galaxy of options.
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From page 198... ...
Perhaps most important, a stable body of consistent law is required on which all parties can rely, thereby avoiding yet one additional complicating factor that would be introduced if sui generis laws were prevalent. As to the third point, the catalogue of approaches to research is expanding: it includes large corporate programs, national laboratories, research done under contract, state-funded programs, university research, and individual research done "at the kitchen sink." We also see technology alliances and networks that do not necessarily depend on equity ownership or even contractual relationships.
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From page 199... ...
This report recommends that these two arenas be merged institutionally. In effect, the report signals a shift in defense procurement policy and practice, and this will carry intellectual property system implications as the private and public sector cultures attempt to mesh traditionally disparate views on the role and operation of intellectual property regimes (the former relying on laws to ensure return on investment, the latter relying on laws for national security and protection of the taxpayer's investment in Public Programs)
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From page 200... ...
Countries lacking adequate and effective systems will want to install strong legal protection so that their best minds will not be left out. It will be seen increasingly that more happens technologically in countries with effective protective systems.
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From page 201... ...
Within certain parameters, there are various ways that adequate and effective protection for inventions, technical knowledge, and creative expression can be provided. The point is that national systems for intellectual property protection will need to be sufficiently similar to the world norm if those nations are to participate in the globalization of research and in the wide range of shared research options that science is constantly opening up.
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From page 202... ...
This forces the two parties to negotiate suitable arrangements so both inventions reach the market. Trade secret protection also plays an important role in the context of incremental advances.
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From page 203... ...
This indicates reliance on the evolution of existing basic intellectual property concepts rather than resorting to novel new legal schemes. As a lesson, I point to the sui generis chip protection law of the United States.
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From page 204... ...
Once this reflex is clearly in place, we will create more globally uniform protection more quickly than we would through sui generis approaches. In urging this, I am encouraged by the experience of the last two centuries which shows that traditional forms of protection have exhibited great flexibility in adjusting to new technology.5 Principle Two: Activity Will Be Global, So Make Intellectual Property Global I suggest as the second principle that since research, development, and invention are all increasingly done globally, intellectual property systems 4The U.S.
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From page 205... ...
It will also be difficult for such countries to attract private foreign investment to supplement local support for research and development relevant to industrial development there. The principle I distill from these observations is that if countries lack 6Harmonization would be an additional degree of congruence.
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From page 206... ...
, ordinary people now see profound technical revolutions that change entire industries and countries. The deliberate quest to be part of such revolutions will drive government policy in many countries to an increasing degree, and this will in turn, I believe, encourage strong intellectual property systems for all countries.
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From page 207... ...
Large companies like mine operate widely already, but I foresee that smaller companies will link with counterparts in other countries to accelerate the advance of knowledge and technology in a great variety of special fields. The trends in global science and technology indicate to me that the basic concepts of intellectual property, applied globally and flexibly, will be increasingly called on to serve research and development activity around the world.
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