Intellectual Property Policy Reform

Intellectual Property Policy Reform

Fostering Innovation and Development

Edited by Christopher Arup and William van Caenegem

This state-of-the-art study argues that reforms to intellectual property (IP) should be based on the ways IP is interacting with new technologies, business models, work patterns and social mores. It identifies emerging IP reform proposals and experiments, indicating first how more rigor and independence can be built into the grant of IP rights so that genuine innovations are recognized. The original contributions then show how IP rights can be utilised, through open source licensing systems and private transfers, to disseminate knowledge. Reforms are recommended. The discussion takes in patents, copyright, trade secrets and relational obligations, considering the design of legislative directives, default principles, administrative practices, contractual terms and licence specifications.

Chapter 11: Commercialization of University Research and Free Diffusion – What does Experience Show Works Best in and for Australia?

Ann L. Monotti

Subjects: law - academic, intellectual property law


Ann L. Monotti I. INTRODUCTION Universities have evolved in a haphazard and organic way. As Eric Ashby wrote in 1967, ‘A university is a mechanism for the inheritance of the Western style of civilization. It preserves, transmits, and enriches learning, and it undergoes evolution as animals and plants do. Like animals and plants, universities are products of heredity and environment’ (Ashby 1967, p. 417). Heredity accounts for the core themes in the business of Australian universities, namely teaching, research and involvement with the community. However, as Ashby notes, the environment modifies the ways in which we teach and research and engage with the community. While the fundamental principles remain, they evolve to meet the challenges of the environment in which universities choose to operate or find themselves compelled to operate in order to survive and grow. For instance, solitude and freedom in research were the essential features of the new idea that Wilhelm von Humbolt contributed to the foundation of Berlin University in 1810. While Australian universities have inherited these features, they translate in a very different manner in 2008 from the understanding of solitude and freedom in 1810 (Ashby 1967, p. 419). By way of example, in many areas of multidisciplinary research that require collaboration, it is not possible nor desirable for solitude in research, whereas solitary inquiry remains common in areas of the humanities and law. The same is true for other essential features of a university. The concept of ‘academic freedom’, which extols the virtues of the...

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