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2 total messages Started by David Freedman Tue, 02 Mar 1999 00:00
Which IT-Related Policy Issues Will be Most Important for IP Law in the Next Decade?
#154
Author: David Freedman
Date: Tue, 02 Mar 1999 00:00
38 lines
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Dear All

I�m a research fellow in IP law at University of Cambridge, and am
requesting your views on a subject which I have been asked to address before
a fairly sophisticated group. The actual question is something like "Who
Will Own What IPRs: Legal Implications of Emerging Information Technologies
For British Business," with the emphasis on government policy decisions that
will have to be taken soon.

In any case, I�ve often benefited in the past from informal discussions with
colleagues on points of law and practice, and (with some hesitation) I
thought this might be an opportune moment to try out the process in
cyberspace. Just to be crystal clear and avoid any unnecessary
unpleasantness, I should say that I am familiar with the literature and
jurisprudence and am certainly not asking anyone to do my work.. I just
thought it might be interesting to solicit views in this forum on the issues
that you yourself think will raise the important questions of policy in the
next decade or so relative to the question posed.

I would be grateful to anyone who would care to respond. If you are
affiliated with any particular industry group or organisation, please advise
me of that as well - it wouldn�t detract from your opinion but would be
interesting to note. If the responses warrant it, I thought it might be nice
to include in the presentation some reflection that this discussion took
place and whether any consensus of opinion was reached on any of the issues
one way or another.

I would prefer reply by e-mail unless this would be a topic that others feel
is of sufficient general interest to be addressed openly here.

Best wishes to all

David Freedman
cdf25@cam.ac.uk

Herchel Smith Research Fellow in the Law of Intellectual Property
Emmanuel College
University of Cambridge
Re: Which IT-Related Policy Issues Will be Most Important for IP Law in the Next Decade?
#155
Author: Stuart Geary
Date: Wed, 03 Mar 1999 00:00
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David Freedman <dfreedmn@dircon.co.uk> wrote in article
<36dc3eec.0@newsread3.dircon.co.uk>...
> Dear All
> 
> I�m a research fellow in IP law at University of Cambridge, and am
> requesting your views on a subject which I have been asked to address
before
> a fairly sophisticated group. The actual question is something like "Who
> Will Own What IPRs: Legal Implications of Emerging Information
Technologies
> For British Business," with the emphasis on government policy decisions
that
> will have to be taken soon.
> 

I should be grateful for clarification of the issues.  "Who will own what
IPRs?" is ambiguous.  It may be that the intention is simply to consider
how ownership of patents, trade marks, designs and copyrights with be
divided up between E-businesses.  There is also the possibility that you
are asking whether there will be new rights arising.

Regarding ownership, the obvious answer is that those companies that invest
in creation or buy in rights to other's IP will own the IP - same as
always.  To what extent these rights will be owned by British companies
will depend on the attitude taken by British managements to risk.  My guess
is that British industry will have the same relatively low patent filing
rate in emerging IT as in other areas but that it will be well represented
in the ownership of copyrights by analogy with the UK's strong position in
the music and computer games industries (no costs involved in obtaining
copyright so the accountants love it).

Short of the government paying to patent applications (possible Treaty of
Rome issues), I'm not sure what difference its policy decisions will make. 
Also, IP statute law largely develops at a supra-national level now so the
scope for action of a single state is limited.

It seems to me that the fun will arise in enforcing rights, particularly
patents, where the "infringing" act is spread across several jusridictions,
as may be the case with an invention relating to the Web.  Does the
Brussels Convention help?  Will UK courts continue to avoid accepting
jurisdiction for patent infringement in other countries because they cannot
address validity of foreign patents.

Well just something to start the ball rolling.

- Stuart
  Chartered and European Patent Attorney
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