[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.


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