Direct Protection of Innovation
1 When in the late seventies the Commission started its preparatory work on a plan of action(l) for the creation of a real Community Innovation market, obviously the question came up, how patents or industrial property could specifically help in stimulati
- PDF / 34,416,135 Bytes
- 353 Pages / 440.482 x 663.782 pts Page_size
- 73 Downloads / 193 Views
Report of a study prepared under contract for the Technological Information and Patents Division of the Commission of the European Communities, DirectorateGeneral Telecommunications, Information Industries and Innovation
Direct Protection of Innovation edited by
William Kingston Trinity College, University of Dublin, Ireland
~.
Springer-Science+Business Media, B.V. 1987 "
Library of Congress Cataloging in Publication Data Direct protection of innovation. Includes index. 1. Patent laws and legislation--European Economic Community countries. 2. Technological innovations-Law and legislation--European Economic Community countries. r. Kingston, William.
KJE2725.057
1987
341.7'586'094
86-27868
ISBN 978-94-017-1267-5 ISBN 978-94-017-1265-1 (eBook) DOI 10.1007/978-94-017-1265-1
EUR 10451 EN
Book information
Publication arranged by: Commission of the European Communities, Directorate-General Telecommunications, lnformation lndustries and lnnovation, Luxembourg
Copyright/legal notice
© 1987 by Springer Science+Business Media Dordrecht Originally published by Kluwer Academic Publishers in 1987 Softcover reprint of the hardcover 1st edition 1987 AII rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, mechanical, photocopying, recording, or otherwise, without prior written permission of the publishers, Springer-Science+Business Media, B.V. Neither the Commission of the European Communities nor any person acting on behalf of the Commission is responsible for the use which might be made of the following information.
TABLE OF CONTENTS FOREWORD by R.K. Appleyard EDITOR'S PREFACE Summary of Chapters I-IV THE "THESIS" CHAPTERS:I The unexploited potential of Patents II The Innovation Patent III The Innovation Warrant IV Advantages of protecting innovation directly THE "CRITICAL" CHAPTERS:V Andre Piatier VI Thomas Mandeville and Stuart Macdonald VII Gordon Tullock VIII Z.A. Silberston IX Henk Wouter de long X Brian Wright XI Andre Bouju THE "RESPONSE" CHAPTERS:XII Hermann Kronz XIII William Kingston
vii IX
Xl
1 35 59 87
125
157 171 201 215 227 247 257 277
va
FOREWORD 1 When in the late seventies the Commission started its preparatory work on a plan of action(l) for the creation of a real Community Innovation market, obviously the question came up, how patents or industrial property could specifically help in stimulating technological and industrial innovation and technology transfer in the Community. From an earlier contractor's study(2) about possible items of action in patent law for the improvement of the impact of patents and patenting upon innovation, it was clear that, in principle, there was room for improvement but shortage of information as to how and to what extent efficient improvements should and could be made. 2 In the early 1980s then, the need for clarifying the potential for improvement in patent law and patent practice became more pressing, so that the Commission convened an informal meeting of experts on 3
