The Role of Law
Elgar Law and Entrepreneurship series
Edited by Megan M. Carpenter
Chapter 6: A Social Justice Perspective on Intellectual Property, Innovation, and Entrepreneurship
Steven D. Jamar and Lateef Mtima* Innovation is an unruly thing. There will be some ideas that don’t get caught in your cup. But that is not what the game is about. The game is about what you catch, not what you spill.1 Nathan Myhrvold Myhrvold’s point ties into our essential theme that care must be taken not to tie up ideas and not to bind up the rights in works of the intellect too tightly because if we do, the flow from the spigot of creativity will be reduced, producing a drought in innovation and development. Not only will the cup of innovation not overflow and spill some ideas that others catch and exploit, but the cup will have only a drop or two of value to its owner. Intellectual property law, policy, and administration must not constrict the flow of creativity in order to catch 100% of the flow from the pipe, but rather should be designed to release a gusher of creativity and innovation for the benefit of all. * The authors wish to thank Megan Carpenter, Associate Professor of Law and Director of the Center for Law and Intellectual Property at Texas Wesleyan School of Law, for convening the conference on April 1, 2011 on Evolving Economies: The Role of Law in Entrepreneurship and Innovation and inviting their participation in the conference and to submit a chapter for the book. We also wish to thank the conference presenters and authors of chapters of the forthcoming book based...
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