The fields of intellectual property have broadened and deepened in so many ways that commentators struggle to keep up with the ceaseless rush of developments and hot topics.
Kritika: Essays on Intellectual Property is a series that is designed to help authors escape this rush. It creates a forum for authors who wish to more deeply question, investigate and reflect upon the evolving themes and principles of the discipline.
The essays in this 6th volume in the series draw new lines of research, reaching from investigating into the imperfections of technology markets and ways to overcome them, to the complexity of the multiple interacting factors determining the needs and uses of intellectual property that reveals the futility of any wholesale assessment; from the dysfunctional attribution of rights of exploitation for patents resulting from publicly funded research, to the extension of patentability to aesthetic subject matter in the era of digitalization; from the ambivalent effects that philanthropic sponsorship of access to medicines may produce on creating a domestic pharmaceutical industry and infrastructure, to the expansion of protection of regulatory data by the rules on market authorization of pharmaceuticals; and finally, from the impact of technological change on the societal perception and the concepts of copyright, to that which artificial intelligence may eventually have on the very foundations of patent protection as an incentive for investment in innovation.
With contributions from: Julian Cockbain, Christine Godt, E. Richard Gold, Christoph B. Garber, Dietmar Harhoff, Heinz Klug, Nari Lee, Gabriela Lenarczyk. Duncan Matthews, Sigrid Sterckx, Zaneta Zemla-Pacud
Contents
List of contributors xi
Advisory Board xii
Editorial xiii
1 Dietmar Harhoff 1
Markets for technology and licensing empirical evidence
and policy options
2 Christine Godt 22
Under the radar: Patents as illegal subsidies
3 Heinz Klug 59
Philanthopys double-edged sword: Human rights, patents
and access to essential medicines
4 Nari Lee 85
Algorithmic arts, aesthetic progress and patent law
5 Christoph B. Graber 121
Copyright insight out: A legal sociologists perspective
6 Sigrid Sterckx and Julian Cockbain 141
Is artificial intelligence a threat to the patent system?
Some reflections on AI, creativity and inventorship, with
illustrations from the DABUS case
7 Duncan Matthews, Gabriela Lenarczyk and aneta Zema-Pacud 165
The European Medicines Agencys path to greater access
to pharmaceutical regulatory data: balancing intellectual
property rights and the right to privacy
8 E. Richard Gold 193
Regulatory capitalism and legal evolution
Edited by Hanns Ullrich, Professor Emeritus, Affiliated Research Fellow, Max Planck Institute for Innovation and Competition, Munich, Germany, Peter Drahos, Professor Emeritus, European University Institute, Florence, Italy and Professor Emeritus, Australian National University, Canberra, Australia and Gustavo Ghidini, Professor Emeritus, University of Milan and Senior Professor of Intellectual Property and Competition Law, LUISS University, Rome, Italy,
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