Advanced Search
MyIDEAS: Login to save this article or follow this journal

Remèdes à la privatisation de l'information par la propriété industrielle : le domaine technique

Contents:

Author Info

  • Mireille Buydens
Registered author(s):

    Abstract

    This article deals with the problem that, contrary to traditional modes of patent protection, which were based on demanding standards of patentability of inventions and on a strict disclosure requirement, patent law at present tends to protect also elements of information as such rather than inventive technical teachings, and does so in particular in the area of biotechnological discoveries. The rationale underlying this shift from protecting complex instructions to basic information is derived from both an increasingly investment-oriented approach to industrial property protection, and its justification by Hobbesian notions of human equality, and they are supported by a pro-protection bias of the major international organisation in the field, which is the World Intellectual Property Organisation. To remedy this counterproductive trend, it is not only proposed to return to stricter standards of patentability, and to take mandatory licensing obligations more seriously. Rather it is suggested to introduce a particular liability for unjustified patent applications and claims for protection as well as to examine ways to establish a use requirement for patents. Finally, alternative forms of innovation incentives and rewards are considered, which, if introduced, would allow to again tighten patent protection, and thus to reinstall it in its more limited, but genuine role.

    Download Info

    If you experience problems downloading a file, check if you have the proper application to view it first. In case of further problems read the IDEAS help page. Note that these files are not on the IDEAS site. Please be patient as the files may be large.
    File URL: http://www.cairn.info/load_pdf.php?ID_ARTICLE=RIDE_204_0433
    Download Restriction: free

    File URL: http://www.cairn.info/revue-internationale-de-droit-economique-2006-4-page-433.htm
    Download Restriction: free

    Bibliographic Info

    Article provided by De Boeck Université in its journal Revue internationale de droit économique.

    Volume (Year): t. XX, 4 (2006)
    Issue (Month): 4 ()
    Pages: 433-474

    as in new window
    Handle: RePEc:cai:riddbu:ride_204_0433

    Contact details of provider:
    Web page: http://www.cairn.info/revue-internationale-de-droit-economique.htm

    Related research

    Keywords: technical information; industrial property; patent; WIPO; law and economics;

    References

    No references listed on IDEAS
    You can help add them by filling out this form.

    Citations

    Lists

    This item is not listed on Wikipedia, on a reading list or among the top items on IDEAS.

    Statistics

    Access and download statistics

    Corrections

    When requesting a correction, please mention this item's handle: RePEc:cai:riddbu:ride_204_0433. See general information about how to correct material in RePEc.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Jean-Baptiste de Vathaire).

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If references are entirely missing, you can add them using this form.

    If the full references list an item that is present in RePEc, but the system did not link to it, you can help with this form.

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your profile, as there may be some citations waiting for confirmation.

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.