Entrepreneurship and Innovation in Evolving Economies

Entrepreneurship and Innovation in Evolving Economies

The Role of Law

Elgar Law and Entrepreneurship series

Edited by Megan M. Carpenter

Entrepreneurship and Innovation in Evolving Economies examines the role of law in supporting innovation and entrepreneurship in communities whose economies are in transition. It contains a collection of works from different perspectives and tackles tough questions regarding policy and practice, including how support for entrepreneurship can be translated into policy. Additionally, this collection addresses more concrete questions of practical efficacy, including measures of how successful or unsuccessful legal efforts to incentivize entrepreneurship may be, through intellectual property law and otherwise, and what might define success to begin with.

Chapter 6: A Social Justice Perspective on Intellectual Property, Innovation, and Entrepreneurship

Steven D. Jamar and Lateef Mtima

Subjects: business and management, entrepreneurship, development studies, law and development, law - academic, law and development


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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