The closing session of 'From IP to NP', entitled "Striking the Right Balance, an Analysis of the Present, a Look to the Future", was moderated by Stephan Freischem (Secretary General of AIPPI). Stephan opened by looking for subtitles: "IP and the Ivory Tower", "IP and the Cloud", but something to do with "Extracting the Value" would be more apt; it's also important to see the value in the functions of IP: the US and EU show stagnating growth, and a declining degree of appreciation for IP, in contrast with those countries, such as Korea, which have advanced rapidly through their increased commitment to it.
Over the past 120 years we've seen four transactional frameworks: the "market-based versus non-market-based" combined with the "centralised versus decentralised". The past decade has shown the threat of non-centralised and non-market-based solutions -- not just for commercial purposes but for activities such as crowd-sourcing the examination of aerial photos to locate drought victims in accessible areas. Yelp for restaurant criticisms is another example.
What has happens reflects a shift in how we learn and how we control the learning process in order to appropriate it. When agents and resources are connected to a project, boundaries exist: one is property, another is contract -- both of which allow cooperation and also restrict it. As boundaries are removed, the ability to combine agents and resources increase extralinearly [at least, that's the word this Kat thought he heard].
|I understood all of that,|
Hagit described a successful tech transfer policy, as designed by the law firm S. Horowitz, as "The Giving Tree". Each piece of fruit has to be captured as it matures, and given to its beneficiary -- but if you take every piece of fruit there's nothing left with which to plant a new tree. In advance, we can't predict which fruit is edible, which makes for problems in formulating patent policy. The fruit might consist of a technology that needs improving, in which case it presumably needs to be transferred back to the tree.
Moving on to some IP issues, a big problem is that IP is run by lawyers, who don't understand anything. IP is a piece of property: anyone who uses it without permission should be made to pay. The cost of doing business in the IP field is terrible; litigation is hugely costly too. Both these factors favour big business against the small. Further, its outcome is unpredictable. Shuki then offered a few examples to support his contention.
The last word was left to Tal Band (President AIPPI-Israel, Senior Partner at S. Horowitz & Co.), who offered his thanks to the many people whose hard work and efforts have turned this event into a reality. Thanks were given to, inter alia, Stephan Freischem, Asa Kling (head, Israel Patent Office), WIPO, Michael Birnhack, the Steering Committee, various organisers and assistants, the sponsors, the IPKat (blush, blush) and, last but not least, Ilan Cohn and Dorit Korine.