Innovation for the 21st century : harnessing the power of intellectual property and antitrust law

In recent years, innovation has been threatened by the United States legal system. Much of the blame can be attributed to the antitrust and intellectual property laws. Innovation for the 21st Century seeks to reverse this trend, offering ten revolutionary proposals, from pharmaceuticals to peer-to-peer software, to help foster innovation. Michael A. Carrier illustrates the benefits of improving the patent system and incorporating innovation into copyright and antitrust law. He also dips into a rich business literature to import ideas on disruptive innovation and user innovation. And he replaces the 20th-century view that the IP and antitrust laws are in conflict with a new 21st-century framework that treats them as collaborators. Innovation for the 21st Century: Harnessing the Power of Intellectual Property and Antitrust Law provides a comprehensive framework for the patent, copyright, and antitrust laws to promote innovation. "In recent years, innovation has been threatened by the United States legal system. Much of the blame can be attributed to the antitrust and intellectual property laws. Innovation for the 21st Century seeks to reverse this trend, offering ten revolutionary proposals, from pharmaceuticals to peer-to-peer software, to help foster innovation. Michael A. Carrier illustrates the benefits of improving the patent system and incorporating innovation into copyright and antitrust law. He also dips into a rich business literature to import ideas on "disruptive innovation" and "user innovation." And he replaces the 20th-century view that the IP and antitrust laws are in conflict with a new 21st-century framework that treats them as collaborators. Innovation for the 21st Century: Harnessing the Power of Intellectual Property and Antitrust Law provides a comprehensive framework for the patent, copyright, and antitrust laws to promote innovation." -- Publishers blurb Annotation In recent years, innovation has been threatened by the United States legal system. Much of the blame can be attributed to the antitrust and intellectual property laws. Innovation for the 21st Century seeks to reverse this trend, offering ten revolutionary proposals, from pharmaceuticals to peer-to-peer software, to help foster innovation. Michael A. Carrier illustrates the benefits of improving the patent system and incorporating innovation into copyright and antitrust law. He also dips into a rich business literature to import ideas on "disruptive innovation" and "user innovation." And he replaces the 20th-century view that the IP and antitrust laws are in conflict with a new 21st-century framework that treats them as collaborators. Innovation for the 21st Century: Harnessing the Power of Intellectual Property and Antitrust Law provides a comprehensive framework for the patent, copyright, and antitrust laws to promote innovation ## Abstract In recent years, innovation has been threatened by the United States legal system. Much of the blame can be attributed to the antitrust and intellectual property (IP) laws. This book seeks to encourage a reversal of this trend, offering ten revolutionary proposals, from pharmaceuticals to peer-to-peer software, to help foster innovation. The book illustrates the benefits of improving the patent system and incorporating innovation into copyright and antitrust law. It also dips into a rich business literature to import ideas on “disruptive innovation” and “user innovation.” The book replaces the 20th-century view that the IP and antitrust laws are in conflict with a new 21st-century framework that treats them as collaborators. It also offers a comprehensive framework for the patent, copyright, and antitrust laws to promote innovation. Innovation -- Intellectual property -- Antitrust -- Antitrust and IP : 20th century -- Antitrust and IP : 21st century -- Pioneering peer-to-peer and other disruptive dual-use technologies -- Damaging copyright damages -- The Digital Millennium Copyright Act : from pirates to user innovators -- Better patents : a post-grant opposition procedure -- Less dangerous patents : a framework for relief -- Biotechnology dilemma 1 : patented research tools and experimental use -- Biotechnology dilemma 2 : material transfer agreements -- Innovation markets : saving lives and money in the pharmaceutical industry -- Supporting standard-setting organizations -- Unsettling drug patent settlements : a framework for presumptive illegality Innovation Intellectual property Antitrust IP-antitrust intersection : 20th century IP-antitrust intersection : 21st century Pioneering peer-to-peer and other disruptive dual-use technologies Damaging copyright damages The Digital Millennium Copyright Act : from pirates to user innovators Better patents : a post-grant opposition procedure Less dangerous patents : a framework for relief Biotechnology dilemma 1 : patented research tools Biotechnology dilemma 2 : material transfer agreements Innovation markets : saving lives and money in the pharmaceutical industry Supporting standard-setting organizations Unsettling drug patent settlements : a framework for presumptive illegality. Content: Introduction Part I Innovation Intellectual Property Antitrust IP-Antitrust Intersection Part II Better Patents Less Dangerous Patents Biotechnology Bottlenecks Pioneering Peer-to-Peer Interoperable DMCA Innovation Markets Standards Organizations Pharmaceutical Settlements Conclusion Index 'Innovation For The 21st Century' contends that intellectual property and antitrust, the two most important laws fostering innovation, are not being used most effectively to achieve this goal and offers various proposals that individually and collectively remedy this deficiency.