Право интеллектуальной собственности
Юридические дисциплины
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Gollin M.A. Driving Innovation. Intellectual Property Strategies for a Dynamic World
Издательство Cambridge University Press, 2008, -433 pp.

Innovation is the creative lifeblood of every country. One of my proudest accomplishments as a United States Senator was to help promote innovation in my country by bringing about the passage of the Bayh-Dole Act of 1980. The Bayh-Dole Act gave universities ownership and control of govement-funded inventions that are balanced by restrictions to ensure that the public would benefit from the research. The resulting system has boe fruit beyond my dreams over the past 25 years. The law tapped into a basic truth – that society can benefit from creativity only if a properly balanced legal and institutional framework is in place to drive innovation forward. In particular, a special framework is required to bring publicly funded innovations out into the commercial marketplace so they are broadly accessible. Without such a framework, govement-owned inventions gathered dust. With the right system, the benefits of academic creativity have washed across the globe in the form of new medicines, foods, materials, and information technology.
In this book, Michael Gollin explores the same fundamental concept – the process by which individual creativity leads to social progress is one that requires careful balancing of private control with public access, within an elaborate infrastructure of intellectual property. The intellectual property system has grown and changed over the centuries through legal reforms as well as business and technical innovation. Moreover, globalization has brought us to a time when creativity and innovation have an impact on everyone, rich and poor, in every nation. Intellectual property affects that process in important and complex ways, and we need a guide to help us understand it. This book fills that need. This book outlines the rise of intellectual property into a system that drives innovation in corporations and universities, in artists’ studios and farmers’ fields, around the world. It also offers practical strategies for working within the system to foster innovation, and some guidance on standards for reforming the system to maintain the balance so crucial to society, the balance between private control and public access.
This book can help us followsuch strategies to keep the engine of innovation going and the orchard growing, so individuals can work together in creative communities to find new ideas, develop them into products, and bring them out into the marketplace, until they are broadly available. Without the necessary knowledge and skills, we fail, the brakes go on, and the trees come down.
Those of us who care about innovation know that we need to keep an eye on the big picture – including inteational and national intellectual property laws and public funding – while also working to support the individual creative and entrepreneurial acts that, together, lead to the benefits of innovation. I am pleased to introduce you to this book because it will help you do both. It is also a good read, with many stories that simplify the complex topic with clear examples and illustrations based on the author’s extensive practical experience. Enjoy it.

Introduction: The Invisible Infrastructure of Innovation
Part I. Intellectual Property Dynamics in Society
Intellectual Property and the Innovation Cycle
The Rise of the Intellectual Property System
Keeping the System in Balance: Exclusion and Access
Part II. Basics of Managing Intellectual Property in Organizations
The Innovation Tree: Intellectual Property Rights and How They Grow
The ABCDs of Intellectual Property: Flow and Infringement of Rights
The Role of Communities in Innovation
The Innovation Chief
Part III. Steps to Strategic Management of Intellectual Property
A: Planning
Becoming Strategic
Strategy Tools: Policies and Practices for Managing Intellectual Property
A Menu of Strategy Options
B: Assessment
Evaluating Inteal Resources and the Exteal Environment
Placing a Financial Value on Intellectual Property Assets 2
C: Implementation
Accessing Innovations of Others
Acquiring and Policing Intellectual Property Rights
Part IV. Strategies on a Global Stage
Organization-Specific Strategies
A Comparison of National Intellectual Property Systems
Global Challenges forManaging Intellectual Property
Intellectual Property, Innovation, and Freedom
A. Excerpts from TRIPS Agreement
B. Intellectual Property Non-Policy
C. Intellectual Property Assessment Questionnaire
D. Research Tools for Obtaining Intellectual Property Information
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