Global Dimensions of Intellectual Property Rights in Science and Technology (1993) / Chapter Skim
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Introduction
Introduction
Pages 249-255
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The fundamental question addressed in this section is how well the intellectual property system is adapting to the many new technologies that are emerging. Is it developing the appropriate new doctrines and mechanisms fast enough?
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The new technologies that pose the most troublesome issues for the intellectual property system are those that require protection but that do not fit easily within the existing intellectual property paradigms. For example, developers of computer programs and semiconductor chips, two of the most economically valuable modern technologies, have a great need for intellectual property protection because their efforts require considerable skill and creativity, but the results of their efforts can be appropriated easily once the product is marketed.
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In other countries, the dichotomy between copyright and patents is not so strong, and other intellectual property paradigms, such as utility models and industrial designs, exist and are widely used. SUI GENERIS APPROACHES Sui generis approaches are an alternative to existing intellectual property paradigms.
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From page 252... ...
In biotechnology, for example, most of the major innovations have been made by small firms. The ability to get intellectual property protection for living organisms in the United States was a key factor in enabling new biotechnology firms to attract the investment necessary to grow and survive.
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The keys to the European success were that repeated expert meetings produced substantive proposals that were then subjected to external criticism by all affected parties and the study groups were given enough time for staff work to help identify the new, "hard" issues. ORGANIZATION OF THE SECTION The chapters in this section discuss the special challenges to {PRS raised by new technologies and how the intellectual property system has adapted to those challenges.
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From page 254... ...
biotechnology firms in protecting their technology in Japan. In Chapter 14, Morton David Goldberg discusses the history of semiconductor chip technology and the sui generis intellectual property law Congress passed to protect the mask works used in making chips the Semiconductor Chip Protection Act of 1984.
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From page 255... ...
Unfortunately, there is a lack of policy analysis that would allow the effectiveness of the approaches developed so far to be evaluated more systematically. Will the intellectual property system adapt to new technology in the future?
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