Transparency, trust, and the patent system Export

@article{citeulike:5804722, abstract = {Legal context and key pointsKnowledge, its generation, appropriation, and control, is at the heart of the modern knowledge economies--and IP rights (in particular, patents) that protect this knowledge can be described as their currency. It is therefore unsurprising that issues around knowledge and its ownership have become contested by an increasing number of actors, as the stakes are very high. As the role of the patent system has become more visible, it has been subject to increasing scrutiny not only by societal groups but also by the users of the system. Detractors often criticize the patent system for its perceived lack of openness or transparency, yet the very word patent is derived from the Latin word for open. Practical significanceThe health of the patent system is of critical importance to many stakeholders. This article discusses how the different definitions of openness--open v secret, or open v proprietary--might provide some useful thinking on how to restore this sense of inherent openness to the current system. The authors contend that the issue of openness is often a surrogate for societal concerns about trust in the patent system and its institutions. They suggest three questions that the system should address in order to regain public trust and argue that the issues of transparency and trust should be at the heart of any initiatives to reform the patent system and protect its threatened virtue. 10.1093/jiplp/jpp155}, author = {Karachalios, Konstantinos and Elahi, Shirin}, citeulike-article-id = {5804722}, citeulike-linkout-0 = {http://dx.doi.org/10.1093/jiplp/jpp155}, day = {18}, doi = {10.1093/jiplp/jpp155}, journal = {Journal of Intellectual Property Law Practice}, keywords = {ipr, macro, patent-system, transparency, trust}, month = {September}, pages = {jpp155+}, posted-at = {2009-09-19 07:58:24}, priority = {2}, title = {Transparency, trust, and the patent system}, url = {http://dx.doi.org/10.1093/jiplp/jpp155}, year = {2009} }

TY - JOUR ID - citeulike:5804722 L3 - citeulike-article-id:5804722 N2 - Legal context and key pointsKnowledge, its generation, appropriation, and control, is at the heart of the modern knowledge economies--and IP rights (in particular, patents) that protect this knowledge can be described as their currency. It is therefore unsurprising that issues around knowledge and its ownership have become contested by an increasing number of actors, as the stakes are very high. As the role of the patent system has become more visible, it has been subject to increasing scrutiny not only by societal groups but also by the users of the system. Detractors often criticize the patent system for its perceived lack of openness or transparency, yet the very word patent is derived from the Latin word for open. Practical significanceThe health of the patent system is of critical importance to many stakeholders. This article discusses how the different definitions of openness--open v secret, or open v proprietary--might provide some useful thinking on how to restore this sense of inherent openness to the current system. The authors contend that the issue of openness is often a surrogate for societal concerns about trust in the patent system and its institutions. They suggest three questions that the system should address in order to regain public trust and argue that the issues of transparency and trust should be at the heart of any initiatives to reform the patent system and protect its threatened virtue. 10.1093/jiplp/jpp155 JF - Journal of Intellectual Property Law Practice TI - Transparency, trust, and the patent system SP - jpp155 KW - ipr KW - macro KW - patent-system KW - transparency KW - trust AU - Karachalios, Konstantinos AU - Elahi, Shirin PY - 2009/09/18/ UR - http://dx.doi.org/10.1093/jiplp/jpp155 ER -