scholarly journals Order without Intellectual Property Law : Open Science in Influenza

2018 ◽  
Author(s):  
Amy Kapczynski
Keyword(s):  
Intellectual Property ◽  
Knowledge Production ◽  
Open Science ◽  
Feedback Loops ◽  
Information Production ◽  
Information Goods ◽  
Capital Costs ◽  
Evaluative Feedback ◽  
Intellectual Production ◽  
New Literature

102 Cornell L. Rev. 1539 (2017)Today, intellectual property (IP) scholars accept that IP as an approach to information production has serious limits. But what lies beyond IP? A new literature on “intellectual production without IP” (or “IP without IP”) has emerged to explore this question, but its examples and explanations have yet to convince skeptics. This Article reorients this new literature via a study of a hard case: a global influenza virus-sharing network that has for decades produced critically important information goods, at significant expense, and in a loose-knit group—all without recourse to IP. I analyze the Network as an example of “open science,” a mode of information production that differs strikingly from conventional IP, and yet that successfully produces important scientific goods in response to social need. The theory and example developed here refute the most powerful criticisms of the emerging “IP without IP” literature, and provide a stronger foundation for this important new field. Even where capital costs are high, creation without IP can be reasonably effective in social terms, if it can link sources of funding to reputational and evaluative feedback loops like those that characterize open science. It can also be sustained over time, even by loose-knit groups and where the stakes are high, because organizations and other forms of law can help to stabilize cooperation. I also show that contract law is well suited to modes of information production that rely upon a “supply side” rather than “demand side” model. In its most important instances, “order without IP” is not order without governance, nor order without law. Recognizing this can help us better ground this new field, and better study and support forms of knowledge production that deserve our attention, and that sometimes sustain our very lives.

Forging Foreign Policy: Organizational Identity and Knowledge Production

2020 ◽  
Vol 44 (4) ◽  
pp. 771-799
Author(s):  
Hana Shepherd
Keyword(s):  
Foreign Policy ◽  
World War Ii ◽  
Knowledge Production ◽  
Organizational Identity ◽  
Foreign Relations ◽  
Multinomial Logistic Regression ◽  
Original Data ◽  
Central Position ◽  
Individual Level ◽  
Intellectual Production

AbstractThe ideas and knowledge central to foreign policy are often produced within the context of organizations. How do organizations vet people and ideas for knowledge production? I use original data drawn from archives of the Council on Foreign Relations (CFR), an organization that brought together elites with an interest in foreign policy, to examine the production of post–World War II US foreign policy knowledge. Drawing on literature about how organizations evaluate people and ideas, I assess how the CFR staff selected different foreign policy topics for their Program on Studies from 1955 to 1972. Case studies and multinomial logistic regression provide two forms of evidence: The justifications used by the CFR Program on Studies staff to select ideas and the relationship between recommendations of proposers and idea selection. I compare the effect of positive recommendations from different sources to distinguish between prioritizing quality and prestige and organizational identity on the other. Staff used the identity of the organization as a group of elites with particular expertise as a basis for making everyday decisions regarding which foreign policy knowledge would be codified in the program. In this way, the organization occupied a central position in the production of knowledge. This suggests that scholars of evaluation should attend to organization-level features in addition to individual-level characteristics. I discuss the implications for organizations and intellectual production.

scholarly journals Bottleneck links, essential intermediaries, and competing paths of diffusion in networks

2021 ◽  
Vol 16 (3) ◽  
pp. 1017-1053
Author(s):  
Mihai Manea
Keyword(s):  
Intellectual Property ◽  
Intellectual Property Rights ◽  
Equivalence Relation ◽  
Network Architecture ◽  
Information Diffusion ◽  
Equivalence Classes ◽  
Information Goods ◽  
Dense Networks ◽  
Diffusion Paths ◽  
Diffusion In Networks

We investigate how information goods are priced and diffused over links in a network. A new equivalence relation between nodes captures the effects of network architecture and locations of sellers on the division of profits, and characterizes the topology of competing (and potentially overlapping) diffusion paths. Sellers indirectly appropriate profits over intermediation chains from buyers in their equivalence classes. Links within the same class constitute bottlenecks for information diffusion and confer monopoly power. Links that bridge distinct classes are redundant for diffusion and generate competition among sellers. In dense networks, competition limits the scope of indirect appropriability and intellectual property rights foster innovation.

scholarly journals Science, Technology & Innovation and Intellectual Property: Leveraging Openness for Sustainable Development in Africa

2021 ◽  
Author(s):  
Caroline Ncube
Keyword(s):  
Sustainable Development ◽  
Intellectual Property ◽  
Regional Integration ◽  
Free Trade Area ◽  
Open Science ◽  
Legal Norms ◽  
Bilateral Agreements ◽  
Trade Area ◽  
The Us ◽  
Development Context

2020 was an eventful year for the whole world, as a public health and economic crisis raged, bringing to the fore the perennial challenge of how to craft and use Intellectual Property (IP) institutions, law, policies and practices, collectively ‘IP frameworks’ to add to efforts to achieve sustainable development, and to consider recovery paths for economies. This coincided with intensified efforts to boost intra-African trade and enhance regional integration through the Agreement on the African Continental Free Trade Area (AfCFTA), which has been ratified at the fastest rate, to date, of any African Union (AU) instrument. The US entered into negotiations for a bilateral FTA with Kenya, which, if successful, would be the first in Southern Africa and the first since the coming into force of the AfCFTA Agreement. This book engages with this challenge in its six chapters. The introductory Chapter One includes a brief overview of the AU, its member states, its institutions and legal norms to emphasise both the context and the diversity of the continent. It introduces and links STI and IP within a knowledge governance context as the analytical lens through which the book’s further discussions are framed. The international and African development agendas are also explained and distinguished from each other to foreground the following chapters. Chapter Two considers the global IP framework with an account of minimum standards in international agreements. Chapter Three turns to the African continent and provides a commentary on national and regional IP frameworks, as contrasted with the global framework. It considers plurilateral and bilateral agreements including the possibilities and significance of the US-Kenya FTA. It reprises the IP instruments of the regional IP organisations and the Regional Economic Communities. Chapter Four considers STI and sustainable development, paying specific attention to the creation of an enabling environment for STI and also to how STI policies interface with IP. Chapter Five reiterates the trade and sustainable development context of IP as the foundation to a consideration of examples of how openness is being leveraged to meet current developmental challenges through STI on the continent. It spotlights some entries at the COVID-19 Innovation Challenge held during the Africa Innovation and Investment Forum 2020 together with the continent’s commitment to Open Science. Against the background of the preceding chapters, Chapter Six discusses the continental IP institutional reform and policy rejuvenation that would come from the operationalisation of PAIPO and the conclusion of the AfCFTA IP Protocol. It concludes with some policy legislative implications for IP and STI at continental level, that ought to be borne in mind as states calibrate their IP frameworks.

scholarly journals Controvérsias sobre Redes Abertas de Produção de Conhecimento e de Comunicação Científica │ Controversies on Knowledge Production and Scientific Communication Open Networks

2014 ◽  
Vol 10 (2) ◽  
Author(s):  
Christiana Soares de Freitas
Keyword(s):  
Knowledge Sharing ◽  
Peer Review ◽  
Knowledge Production ◽  
Scientific Communication ◽  
Open Science ◽  
Peer Review System ◽  
Review System ◽  
Open Networks ◽  
Communication Processes ◽  
Central Elements

RESUMO O objetivo do artigo é analisar questões centrais associadas ao conceito de ciência aberta na sociedade contemporânea, evidenciando características  de modos distintos de produção de conhecimento. Processos de comunicação científica  são discutidos, com foco em  temas como o sistema aberto de revisão por pares, direitos autorais e domínio público, concluindo com uma reflexão crítica a respeito das possibilidades de transformação das características tradicionais do campo de produção de conhecimento a partir da adoção de normas e práticas desenvolvidas em redes de ciência aberta.Palavras-chave: Ciência Aberta; Conhecimento Compartilhado; Processos de Avaliação; Direitos Autorais; Comunicação Científica.ABSTRACT This article aims at discussing central elements associated to the concept of  open science in contemporary societies, pointing out some characteristics that can be associated to distinct modes of knowledge production. Scientific communication processes are discussed, focusing on issues such as the open peer review system, copyright and public domain, concluding with critical considerations about the possibilities of transforming traditional characteristics of the knowledge production field through the adoption of norms and practices developed in open science networks.Keywords: Open Science; Knowledge Sharing; Evaluation Processes; Copyright; Scientific Communication.

scholarly journals Atoms Want to Be Free Too! Expanding the Critique of Intellectual Property to Physical Goods

2012 ◽  
Vol 10 (1) ◽  
pp. 66-76 ◽  
Author(s):  
Johan Söderberg ◽  
Adel Daoud
Keyword(s):  
Political Economy ◽  
Intellectual Property ◽  
Private Property ◽  
The Political ◽  
Information Goods ◽  
Proprietary Software ◽  
Open Hardware ◽  
Hardware Development ◽  
Trade Press ◽  
The Way

“Atoms are the new bits”. That is the latest buzz arising from the Californian trade press. What do we get when this dictum is sampled with the old rallying cry: “Information wants to be free”? We suggest that the predominant, bounded critique of intellectual property is thereby destabilised. Constitutive of that critique was the exceptionality attributed to information goods (bits) vis-a-vis tangible goods (atoms). It was thus intellectual property could be presented as something altogether different from private property. We recognise that this way of framing the issue has had tactical advantages, but contend that it has stood in the way of a deeper understanding of what intellectual property is. When the critique of proprietary software is expanded by an emerging movement for open hardware development, however, the boundary between intellectual property and property as such crumbles. This enables us to renew our critique of the political economy of information.

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