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  • Author or Editor: Maria Lillà Montagnani x
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Anne Flanagan, Federico Ghezzi and Maria Lillà Montagnani

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Mariateresa Maggiolino and Maria Lillà Montagnani

Driven in part by the enthusiasm spurred by the Open Innovation (OI) movement, individual patentees and larger corporations holding valuable patent portfolios have started expanding access to those patents. Whether in the open source software environment or in the fields of biosciences and green technologies, in recent years patent holders have been uniformizing the terms and conditions of their pledges in order to facilitate the access to and use of their patents. Patent pledges have thus become the keys to open patents. However, the way in which patented knowledge is opened varies according to the pledges and covenants that are adopted. Some pledges have contributed to create large “clubs of patentees” that are reciprocally committed to share their patents, but are closed toward the non-members. Other pledges have set the grounds to make patents open toward whoever is interested in them, on the main condition that this unknown re-user will make her own follow-on innovation be equally open. By analyzing the characteristics of OI systems and the cases of patent pledges that open patented inventions, this chapter seeks to illustrate how and when patent pledges fit within the wider realm of open innovation.

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Edited by Anne Flanagan and Maria Lillà Montagnani

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Intellectual Property Law

Economic and Social Justice Perspectives

Edited by Anne Flanagan and Maria Lillà Montagnani

Intellectual Property Law examines emerging intellectual property (IP) issues through the bifocal lens of both economic analysis and individual or social justice theories. This study considers restraints on IP rights both internal and external to IP law and explores rights disequilibria from the perspective of both the rationale of IP law and the interface with competition law. The expert contributors discuss the phenomenon in various contexts of patent, trade secret; and copyright, each a tool to incentivize the growth of knowledge beyond innovation and creativity.
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Anne Flanagan and Maria Lillà Montagnani