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Local news is in crisis. Too few subscribers are willing to pay the costs required to create sustained and high-quality local news products, and the advertisers that previously subsidized local news have fled to new sites, especially social media platforms. Press organizations and policymakers have begun experimenting with possible fixes. Media institutions have looked to new private funding models, especially nonprofit institutions supported by philanthropic foundations. And state legislators have begun testing different public financing vehicles for local media. Yet these efforts represent only a small set of possible solutions to the crisis in local news. And they have proven insufficient to save news organizations from financial devastation. This chapter argues that the local news crisis should be understood as an innovation failure, one that calls for solutions from areas of the law that have long grappled with similar problems. In markets like pharmaceuticals and technology, policymakers often employ “innovation policy pluralism,” or combinations of intellectual property protections with non-IP tools such as prizes, grants, and tax credits. Such combinations harness both free-market forces and government regulation to foster socially valuable services in productive ways. This chapter surveys these different innovation policy levers and maps them onto both existing and proposed local press interventions.
A substantial share of the global population continues to face barriers to accessing essential medicines. While the pharmaceutical industry’s business model has successfully facilitated the development of innovative medications, efforts to promote universal access to medicines (UAM) remain ineffective. This paper critically assesses the existing barriers to global access to medicines, including the role of unsuitable governance, the protection of intellectual property rights, and other market barriers such as shortages, quality shortcomings, and high prices. Furthermore, we explore a number of promising potential strategies that can help towards achieving the UAM. Specifically, we evaluate the evidence from various initiatives, including alternative models of innovation, manufacturing, procurement, intellectual property management, and structural/organisational operations. We argue that the effective realisation of UAM requires a robust framework to implement these initiatives. This framework must strike a delicate balance between addressing public health needs, incentivising research and development, and ensuring affordability. Achieving such a balance encompasses a careful oversight and collaboration between national and international regulatory bodies.
We interrogate efforts to legislate artificial intelligence (AI) through Canada’s Artificial Intelligence and Data Act (AIDA) and argue it represents a series of missed opportunities that so delayed the Act that it died. We note how much of this bill was explicitly tied to economic development and implicitly tied to a narrow jurisdictional form of shared prosperity. Instead, we contend that the benefits of AI are not shared but disproportionately favour specific groups, in this case, the AI industry. This trend appears typical of many countries’ AI and data regulations, which tend to privilege the few, despite promises to favour the many. We discuss the origins of AIDA, drafted by Canada’s federal Department for Innovation Science and Economic Development (ISED). We then consider four problems: (1) AIDA relied on public trust in a digital and data economy; (2) ISED tried to both regulate and promote AI and data; (3) Public consultation was insufficient for AIDA; and (4) Workers’ rights in Canada and worldwide were excluded in AIDA. Without strong checks and balances built into regulation like AIDA, innovation will fail to deliver on its claims. We recommend the Canadian government and, by extension, other governments invest in an AI act that prioritises: (1) Accountability mechanisms and tools for the public and private sectors; (2) Robust workers’ rights in terms of data handling; and (3) Meaningful public participation in all stages of legislation. These policies are essential to countering wealth concentration in the industry, which would stifle progress and widespread economic growth.
The emergence of large language models (LLMs) has made it increasingly difficult to protect and enforce intellectual property (IP) rights in a digital landscape where content can be easily accessed and utilized without clear authorization. First, we explain why LLMs make it uniquely difficult to protect and enforce IP, creating a ‘tragedy of the commons.’ Second, drawing on theories of polycentric governance, we argue that non-fungible tokens (NFTs) could be effective tools for addressing the complexities of digital IP rights. Third, we provide an illustrative case study that shows how NFTs can facilitate dispute resolution of IP on the blockchain.
The Turkish state long enforced intellectual property (IP) rights only loosely. Then, in the 1980s and 1990s, market liberalization and trade agreements drove an overhaul of the country’s copyright regime that transformed musical ownership and creativity, though music copyright stakeholders view this legal reform as ongoing. This article builds on existing accounts of legal consciousness to ethnographically document how a range of music industry actors—including legal professionals, musicians, music industry executives, and commercial users of copyrighted music—participate in IP reform. I identify a distinct set of cultural schemas that mediate such actors’ legal consciousness in this context. The internationally integrated nature of the copyright system, together with Turkey’s geopolitical positioning on the margins of Europe, has produced a reflexive aspect of legal consciousness in which Turkish citizens exhibit a heightened group status awareness as they compare their experience of domestic IP law to the imagined situation elsewhere. In a novel contribution to the literature, I observe how they often make sense of perceived dissonances between the ideals and practice of the law through culturally intimate narratives, taking the copyright system’s purported failures to typify something essential about what it means to be a citizen of Turkey.
This chapter addresses how the pathways of legal strategy can be applied in practice. The first part of this chapter presents three case studies that show how firms can respond to common legal challenges. The mandate to stop sexual harassment, the protection of intellectual property rights, and the prohibitions related to anti-corruption are all used as examples of how each pathway can be applied with varying levels of effectiveness. The second part of the chapter explores how a firm can elevate its implementation of legal knowledge from one pathway to another. This part shows how companies can evolve their legal practices from avoidance to conformance, conformance to prevention, prevention to value, and value to transformation. Although not every legal issue is transformative, understanding how the pathways work in practice can help firms deploy their legal knowledge as effectively as possible.
We conduct a laboratory experiment to explore whether the protection of intellectual property (IP) incentivizes people to create non-rivalrous knowledge goods, foregoing the production of other rivalrous goods. In the contrasting treatment with no IP protection, participants are free to resell and remake non-rivalrous knowledge goods originally created by others. We find that creators reap substantial profits when IP is protected and that rampant pirating is common when there is no IP protection, but IP protection in and of itself is neither necessary nor sufficient for generating wealth from the discovery of knowledge goods. Rather, individual entrepreneurship is the key.
Scientific advances to fight infectious diseases have been remarkable. International law and global governance have sought, and often failed, to keep pace, secure equity, and stop outbreaks. We trace the law and governance model emerging from early failure in the AIDS response and identify four elements: use of law by national governments to compel sharing; decentralized generic manufacturing; mechanisms for voluntary sharing of patents and technology transfer; international funding. In combination, these created a remarkable new ecosystem. We find that when COVID-19 hit and mRNA vaccines were rapidly developed, global North governments opposed mobilizing this synergistic model. Instead, equity efforts focused on financing purchase of vaccines from originator companies with little use of law. Amidst monopolies and scarcity of doses, vaccine nationalism fatally undermined this effort. Whether more synergistic law and governance emerges from rapidly changing global health law will likely dictate the efficacy of future global infectious disease response.
This chapter discusses the interface of artificial intelligence (AI) and intellectual property (IP) law. It focuses on the protection of AI technology, the contentious qualification of AI systems as authors and/or inventors, and the question of ownership of AI-assisted and AI-generated output. The chapter also treats a number of miscellaneous topics, including the question of liability for IP infringement that takes place by or through the intervention of an AI system. More generally, it notes the ambivalent relationship between AI and the IP community, which appears to drift between apparent enthusiasm for the use of AI in IP practice and a clear hesitancy toward catering for additional incentive creation in the AI sphere by amending existing IP laws.
The rapid advancement of quantum computing presents unparalleled opportunities and challenges for the legal field. This article investigates the key legal implications of quantum computing, focusing on intellectual property, data security, regulation, and ethical considerations. The unique characteristics of quantum algorithms and hardware pose significant challenges for the existing patent system, necessitating a clear and consistent framework for protecting quantum innovations while fostering collaboration. The threat of quantum computing to current encryption methods highlights the urgent need for forward-looking data protection policies and the adoption of post-quantum cryptography. As quantum technologies continue to evolve, policymakers must work closely with stakeholders to develop adaptive, principles-based regulations that strike a balance between promoting innovation and mitigating risks. Moreover, the societal and ethical impacts of quantum computing cannot be overlooked; prioritising applications that deliver significant social good and establishing robust ethical guidelines will be crucial. Preparing the legal workforce for the quantum era requires a concerted effort to develop quantum literacy and expertise. By adopting a proactive, interdisciplinary approach, the legal community can play a vital role in shaping the quantum future, ensuring that this transformative technology upholds the rule of law, protects individual rights, and promotes the greater good of society.
This article applies van Gennep’s structure of the ritual to the patent application process, arguing that information undergoes several ontological transformations on the way to patentability. The second half of the article applies Turner’s focus on the liminal space. From this perspective, the ‘pure possibility’ of the liminal space is essential to patent law, because it helps negotiate between strong boundaries (as a form of property) and the almost improvisational way in which general rules are applied to specific patents. Taken together, these two approaches provide a more nuanced understanding of how patent law comes into existence and how the patents themselves operate as distinct social and cultural artefacts. The analysis does not intend to replace the economic understanding of patent law, but instead seeks to reflect more completely how it actually functions.
Edited by
Daniel Benoliel, University of Haifa, Israel,Peter K. Yu, Texas A & M University School of Law,Francis Gurry, World Intellectual Property Organization,Keun Lee, Seoul National University
The main purpose of this chapter is to study gender inequality within the inventive activities in three emerging countries – Brazil, India, and Mexico – using the framework of knowledge economics. It aims to determine which factors that influence a growing propensity of women to be inventors help reduce gender inequality in knowledge economies. In addition, the chapter contributes policy proposals that aim at increasing female participation in inventive activities. The key questions for this research are as follows: What are the characteristics and dynamics of female inventive activities in emerging countries with different economic development paths? What factors influence women’s propensity to invent? Based on the results of the econometric model proposed in this chapter, the inventive variables, such as the stock of prior knowledge, the size of inventor teams, the type of patent holder, technological field, and the presence of foreign researchers – positively influence women’s propensity to become inventors in a differentiated manner in each country. These findings validate how some variables could influence the inclusion of a greater number of women in research teams and the deployment of their potential inventive activities. The chapter proposes policies aimed at reducing gender inequality in the knowledge economy.
Edited by
Daniel Benoliel, University of Haifa, Israel,Peter K. Yu, Texas A & M University School of Law,Francis Gurry, World Intellectual Property Organization,Keun Lee, Seoul National University
This chapter provides an introduction to Intellectual Property, Innovation and Economic Inequality. It begins by discussing the problem of economic inequality, including the scale of that problem, types of economic inequality, and extant research on such inequality. The chapter then outlines the structure of this volume, which is divided into three parts: (1) theoretical, empirical, and policy issues; (2) intellectual property and national inequality; and (3) intellectual property and global inequality.
Edited by
Daniel Benoliel, University of Haifa, Israel,Peter K. Yu, Texas A & M University School of Law,Francis Gurry, World Intellectual Property Organization,Keun Lee, Seoul National University
This chapter criticizes the oversimplification of the binary North–South debate on intellectual property, innovation, and global inequality and highlights the wide geographic, sectoral, and income inequalities within middle-income countries. It begins by explaining why the arrival of these countries has called into question the North–South debate. The chapter then moves from the widely studied subject of global inequality to the underexplored topic of national inequality. Focusing on the intellectual property context, the discussion highlights the considerable subnational variations in the economic and technological conditions of middle-income countries. To combat national inequality, this chapter concludes by recommending interventions in three areas: (1) international norm-setting, (2) national policymaking, and (3) academic and policy research.
Edited by
Daniel Benoliel, University of Haifa, Israel,Peter K. Yu, Texas A & M University School of Law,Francis Gurry, World Intellectual Property Organization,Keun Lee, Seoul National University
Innovation is at the core of economic development, growth, and structural change. Yet, it does not spur in nor flow to all corners of the world. This chapter reviews and describes empirically the uneven geographical distribution of innovation and its dynamics, at both the national and subnational levels. It also compares such distribution in relation to other indicators of economic activity. The chapter then examines the potential consequences of such unequal distribution, particularly for its possible influence on inter-regional income inequality, and discusses how inevitable they might be. In light of available evidence, it explores what the role of policy could be.
Edited by
Daniel Benoliel, University of Haifa, Israel,Peter K. Yu, Texas A & M University School of Law,Francis Gurry, World Intellectual Property Organization,Keun Lee, Seoul National University
Low- and middle-income countries (LMICs) are confronted with a new world order in which the major economic powers that promoted multilateralism have moved toward nationalism, localization of production, and de-legalization of dispute settlement in favor of balance of power diplomacy. A counterpart to this trend is declining interest in developmental assistance. It remains to be determined how countries that are not part of the new great power dynamic will acclimate to this new world. LMICs have the opportunity to leapfrog in the current technological environment. A key challenge is securing adequate capital investment, including through the private sector. There is a trend among the capital-exporting countries to negotiate bilateral and plurilateral agreements with LMICs that preclude regulatory measures requiring technology transfer as a condition of foreign direct investment. Because individual private investors within LMICs may lack substantial bargaining power, these agreements diminish LMICs’ capacity to secure favorable terms for technology transfer. LMICs confront terms of trade that favor high-income countries and, more broadly, the ascendance of managed trade policy among economically powerful states. These factors portend the perpetuation of the marked disparity in the distribution of global income and wealth. There are no “magic bullet” solutions on the horizon.
Edited by
Daniel Benoliel, University of Haifa, Israel,Peter K. Yu, Texas A & M University School of Law,Francis Gurry, World Intellectual Property Organization,Keun Lee, Seoul National University
This chapter examines distributive justice (DJ) within the realm of international intellectual property (IP) laws, focusing on the digital era. It highlights DJ as a critical lens for understanding global IP laws, particularly where technology significantly influences the processes of creation. It also emphasizes the importance of global equity in achieving access to IP rights, within a comprehensive understanding of their scope. The United Nations Sustainable Development Goals focus on the context of peace, prosperity, and equality, though not explicitly centered on IP rights. Consequently, there is a need to redefine IP rights not only to address legal uncertainties but also to foster global equality. Moreover, the chapter delves into the roles of international entities like the World Intellectual Property Organization (WIPO) in managing challenges where global DJ and IP intersect. It highlights the importance of digital tools (e.g., blockchain) for authenticating original authors. The chapter asserts that proficient and reliable international organizations like WIPO are best suited to address these challenges. Furthermore, the chapter underscores the significance of an unbiased global investment system for promoting universal progress and equity. Ultimately, it explores how WIPO’s tools, such as WIPO Re:Search and WIPO Proof, exemplify DJ in the international IP framework.
Edited by
Daniel Benoliel, University of Haifa, Israel,Peter K. Yu, Texas A & M University School of Law,Francis Gurry, World Intellectual Property Organization,Keun Lee, Seoul National University
This chapter reviews available economic theories and empirical evidence about the potential roles intellectual property (IP) rights play in generating or reducing economic inequality, emphasizing international data. Basic evidence demonstrates the simultaneous growth in internal income inequality across countries and increasing IP protection in the prior 25 years. It is tempting to assign causality from IP to inequality but doing so confidently is challenging and has not yet been accomplished systematically. Through encouraging technology diffusion, global IP reforms likely contribute to convergence in average incomes between advanced economies and select emerging and developing countries.
Edited by
Daniel Benoliel, University of Haifa, Israel,Peter K. Yu, Texas A & M University School of Law,Francis Gurry, World Intellectual Property Organization,Keun Lee, Seoul National University
Women do not receive their fair share when it comes to patenting and are far less likely to own patents. This disparity is due in part to the inherent biases in science, technology, and the patent system and in part to the high costs of the patent application process. This chapter therefore proposes an unconventional new regime of unregistered patent rights to relieve women and other disadvantaged inventors of such costs and biases and thereby increase their access to patent protections. To explain the proposal, this chapter details the challenges facing women and other disadvantaged inventors in applying for patents as well as the fact that other intellectual property regimes, such as copyright and trademark, allow such unregistered rights. The chapter also addresses a number of objections that the proposal would inevitably raise. In particular, it shows that, because the proposed unregistered patent system would grant rights for only three years and protect only against direct and knowing copying, these rights would be unlikely to deter incremental or complementary innovation. Such rights would also be fully subject to invalidation under a preponderance of the evidence standard.