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Global Dimensions of Intellectual Property Rights in Science and Technology (1993)
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. "11 Adapting the Intellectual Property System to New Technologies." Global Dimensions of Intellectual Property Rights in Science and Technology. Washington, DC: The National Academies Press, 1993.

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Global Dimensions of Intellectual Property Rights in Science and Technology

tally international. In short, future sui generis rights (and many proposals for interpretation of existing conventions) should be negotiated on an international basis,79 and standing reform and study groups should be international.

  1. It is crucial to take into account the role of small firms in innovation. Such firms may be prime sources of innovation in areas of new technology and there may be a serious risk that intellectual property rights can be used to stifle them. This means that such firms must be represented on study groups; it also means that intellectual property rights must be defined with consideration for their real-world impact on industrial structure.

79  

Note that in the absence of international agreement, one can use statutory reciprocity in the pattern of the chip mask work arrangement. Even so, it would be best to coordinate such efforts with as many other nations as possible.

Note also that the politicization of the international intellectual property system may make internationalization difficult. Yet, this politicization is primarily along a North-South axis, whereas the key negotiations in these new technology areas will generally be among the developed nations or with developing nations who have an interest in being included in a special regime.

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283
Front Matter (R1-R12)
I Introduction (1-2)
1 The Global Dimensions of Intellectual Property Rights in Science and Technology (3-18)
2 Intellectual Property Institutions and the Panda's Thumb: Patents, Copyrights, and Trade Secrets in Economic Theory and History (19-62)
II The Case For and Against a Uniform Worldwide Intellectual Property Rights System (63-64)
Introduction (65-67)
3 Why a Uniform Intellectual Property System Makes Sense or the World (68-88)
4 Harmonization Versus Differentiation in Intellectual Property Right Regimes (89-106)
5 Unauthorized Use of Intellectual Property: Effects on Investment, Technology Transfer, and Innovation (107-145)
Discussion (146-148)
III National and International Approaches to Intellectual Property Rights (149-150)
Introduction (151-154)
6 Comparative National Approaches to Intellectual Property Rights (155-174)
7 Update on international Negotiations on Intellectual Property Rights (175-182)
Discussion (183-186)
IV Scientific and Technological Advance and Its Impact on the Role of Intellectual Property Rights (187-188)
Introduction (189-191)
8 Trends in Global Science and Technology and What They Mean for Intellectual Property Systems (192-207)
9 Sectoral Views (208-220)
10 Intellectual Property Rights and Competitive Strategy (221-240)
Discussion (241-246)
V Adapting Intellectual Property Rights to New Technologies (247-248)
Introduction (249-255)
11 Adapting the Intellectual Property System to New Technologies (256-283)
12 A Case Study on Computer Programs (284-318)
13 Biotechnology Case Study (319-328)
14 Semiconductor Chip Protection as a Case Study (329-338)
15 Optoelectronics (339-350)
Discussion (351-354)
VI Global Intellectual Property Rights Issues in Perspective (355-356)
Introduction (357-359)
16 Global Intellectual Property Rights Issues in Perspective: A Concluding Panel Discussion (360-383)
Disccusion (384-390)
Coda: Issues for Future Research (391-394)
VII Appendix (395-396)
A: Conference Agenda (397-400)
B: Biographies of Contributors (401-418)
Index (419-442)