10th okt, 2008

New approach to IP needed

Some time ago the International Expert Group (TIP) published a report on development of IP. TIP is an independent non-profit consultancy with experts in developed and developing countries specializing in the understanding, use and management of intellectual property.

The published report “Toward a New Era of Intellectual Property: from Confrontation to Negotiation” (the focus is on the healthcare industry) has a number of recommendations for IP policymakers, organizations and companies:

  • A new IP era is emerging, focusing on collaboration this must be recognized
  • Greater trust between market actors must be established
  • More and better communication is needed
  • New collaboration models in creating new biotechnology products
  • Enhance biotech research in developing countries
  • research on the function on IP in relation to innovation is needed

At first i found myself nodding at the recommendations but then they began to sink in and left me with the conclutions:

  1. The recommendatios have almost no IP consequences. The recomendations is about how we work with and use IP. the recommendations on trust, communication and collaboration are fully implementable in the current IP framework. So the change is in companies and organisations – which have different policy concequences than framework recommendations.
  2. The recommendations are mostly harmless, meaning they do not revolutionize the IP field and for some are well known. This is upon closer inspection also true for a lot of the indiviual recommendations in the report.

So I went from nodding to shaking my head…am I too critical?

Responses

Hi Kristian,

Your post is not clear to me. Can you mention some of the recommendations you like from the report. And do you think framework changes are needed? What changes?

Best
Anders

There are not many new recommendations that I like actually. Bot must of the well known recommendations (helping the developing countries and fostering licensing) are still good suggestions.

As to framework changes…the basic framework is ok. The framework conditions not existing today would be licensing regulation. how do we encourage either own use of IP or licing IP out? Maybe some time limit is in order or as some have suggested automatic licensing (kinda like copyright) trouble w the last is that the valuation of patents is not straight forward.

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