As innovation processes become increasingly collaborative, new relationships among players in the innovation space emerge. These developments demand new legal structures that allow horizontally integrated, open and shared use of intellectual property (IP). This book examines the fundamental issues regarding the collaborative use of IP and discusses emerging trends including: the interpretation of FRAND terms in the context of standard essential patents; secondary liability of technology providers; contractual arrangements in trademark law, and the treatment of IP issues in specific emerging industries.
Contents: INTRODUCTION Exclusion and Inclusion: The Role of IP in a Shared Knowledge Environment PART I THE INTERSECTION OF STANDARDS, FRAND AND COMPETITION LAW 1. Coopetition: The Role of IPRs Gustavo Ghidini and Andrea Stazi 2. FRAND, Holdup and Holdout Thomas Vinje 3. IPRs and Open Innovation in Synthetic Biology Timo Minssen and Jakob B. Wested PART II PRIVATE ORDERING IN A SHARED KNOWLEDGE ENVIRONMENT 4. Openness in Trademark Law: A Viable Paradigm? Annette Kur 5. Managing the Risks of Intellectual Property Interdependence in the Age of Open Innovation Jacques de Werra 6. Expressive Dimensions of Industrial Design: A Question of Incentive? Dana Beldiman PART III ALLOWING FOR CREATIVE SPACE TOWARDS AN OPEN ENVIRONMENT 7. A Positive Status for the Public Domain Severine Dusollier 8. Why Protecting Internet Service Providers From Liability For Users' Copyright Infringement Has Been A Policy Success Michael Carroll 9. Exhaustion of Rights: A Concept for the Digital World Ansgar Ohly Index