The Innovation Society and Intellectual Property
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The Innovation Society and Intellectual Property

Edited by Josef Drexl and Anselm Kamperman Sanders

Intellectual property (IP) rights impact innovation in diverse ways. This book critically analyses whether additional rights beyond patents, trademarks and copyrights are needed to promote innovation. Featuring contributions from thought-leaders in the field of IP, this book examines the check and balances that already exist in the IP system to safeguard innovation and questions to what extent existing IP regimes are capable of catering to new paradigms of innovation and creativity.
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Chapter 10: Intellectual property rights and open innovation in 3D printing: a different form of exclusivity

Nari Lee

Abstract

Open and collaborative innovation is often pitted against the closed model of innovation, which is controlled by a single entity or producer/seller-driven. As such, it is often claimed that intellectual property conflicts with open innovation. When combined with the predictions on disruptive innovation in the postscarcity world, an open and inclusive rights regime may be a better alternative than a closed, exclusive rights regime. This chapter explores whether such claims can be made with an example of 3D printing. This chapter argues that although it seems difficult to suggest that open innovation is better suited than an exclusive rights regime for disruptive innovation, there seems to be some need for regulatory clarity concerning rights over data files and data sets. The chapter concludes by warning against framing governance of the disruptive innovation solely from the perspective of intellectual property, as it may overemphasize the role of intellectual property and its doctrines, resulting in a self-fulfilling prophecy.

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