[pp.int.general] Patent system similar to GPL?
Amelia Andersdotter
teirdes at gmail.com
Sat Feb 26 02:00:59 CET 2011
On 25.02.2011 22:10, Erik Lönroth wrote:
> I for myself can also admit that I'm not capable of presenting a solid
> alternative. I read briefly here, but I can't say I think its enough
> to build on: http://www.openinventionnetwork.com
>
It is not. Like the links presented by Sina, these activities are all
centered around open innovation as performed by innovators - the entire
vision behind their work is to /not/ wait for a legislative process and
instead take matters into their own hands.
> Is there anyone on the list that is willing to discuss this topic?
> Where do we begin?
I suggest at section 3(d) of the Indian patent law:
http://spicyipindia.blogspot.com/search/label/Section%203%28d%29 , SOU
2008:20 about patent protection for biotechnological innovations:
http://www.regeringen.se/content/1/c6/10/05/13/ec11d5b1.pdf (check
especially the part about the Belgian exception from licensing for
research purposes (very good!!! apparently as long as the purpose is
not-for-profit research they are allowed to experiment not only ON but
also WITH a patented product, which is different from all of the rest of
Europe. whether this exception still holds I don't know, and they are
part of the "alliance of member states" that are moving forward with the
Common Patent so it's highly likely that they've removed this exception
since the study was made) ; the works of Eric von Hippel on free
information flows in innovation: http://web.mit.edu/evhippel/www/ and I
used to have a study on open innovation/information flows from arxiv.org
on pharma development which seems mysteriously disappeared, probably in
lack of ambitious saving of links :(
Test data protection is something dissimular though. The Commission
pharma report suggests 12 years protection(!!!) for clinical test data
for pharmaceuticals and this was enacted as of last year, which is not
entirely productive. Many of the information lockins in innovation today
are not from patents at all (industrially) and from a
consumer-perspective, trademarks are an increasing concern rather than
patented goods with non-competetive pricing. Trademarks are an
additional problem since they don't expire.
/a
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