Strategic Use and Adaptation of Intellectual Property Rights Systems

in Information and Communications Technologies-based Research

comments on

IPRs

ICTs

enterprise organization

an iron triangle?

expanding knowledge base

searchable, linkable

globalized reach/access

enriched, contextualized objects

expansion of codified knowledge

expanded strategic landscape II

• expanded tools for controlling, mediating access

• expanded scope of IP strategies

• expanded use value of openness

• diversity of organizational models

• increased relative value of tacit knowledge

contrasting models for funded research

• narrowly focused: Bayh-Dole– research agency funds single university program– university grants exclusive license in most cases

• massively distributed: Networks of Excellence– heterogenous teams– large, multifaceted programs– divergent IP interests– “strategic use” of IPR

• high potential transactions costs for complex projects (4-6%?)– policy implications– need for reporting

factors favoring different models for knowledge transfer

open

• strong network effects• unknown applications &

opportunities – low barriers– use in research– importance of creativity

• very large market– incentive unnecessary– centralized planning not

desirable• alternative means of

appropriating returns– first mover advantages,

complements

controlled

• well-defined development path

• substantial barriers to commercialization– development costs

– commercialization costs

• high returns relative to transaction costs

• delimited, identified market

• intellectual property vs. human capital– costs and benefits of student participation– long-term freedom to operate

strategic importance to universities

• copyright– by practice abandoned to publishers

• patent– usually assigned on exclusive basis

• database– may be critical to ongoing research lines

changing perspective of the university

• copyright: expressed knowledge– traditional dual perspective: producer and user– user interests dominate at institutional levelbut roles are realigned by information technology

• patent: technology– traditional: producer of unpatentable sciencebecoming upstream producer of technologyuniversity becomes both producer and user of patented

processes (esp. biotech, software)• increased exposure as user, esp. with virtual elimination of

research exemption

• database: data• repeat user, occasional producer

expanded strategic landscape II

• expanded tools for controlling, mediating access

• expanded scope of IP strategies

• increased use value of openness

Steve Lawrence, Online or Invisible?, Nature, Volume 411, Number 6837, p. 521, 2001.

frequently cited articles more likely to be found online

the relationship between ICT and IPR

• copyright, database protection argument– digitization/Internet increase vulnerability, require

stronger protection to promote access Directive 2001/29/EC, DMCA

• patent argument– an increasingly important part of the economy

deserves patent protection directive on computer-implemented inventions