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4 - The Innovation Tree: Intellectual Property Rights and How They Grow

Published online by Cambridge University Press:  05 June 2012

Michael A. Gollin
Affiliation:
Venable LLP, Washington DC
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Summary

This second part of the book provides the basic concepts necessary to understand intellectual property dynamics and to manage intellectual property in organizations. This chapter introduces the innovation tree as a metaphor for intellectual property. Like seeds grow to saplings in a forest, ideas sprout and grow and mature in society. Old knowledge leads to growth of new ideas that can then be protected with IP rights. In time the new becomes old, and broadly accessible. The boundaries between protected and accessible knowledge are defined by laws which continue to change over time and differ from country to country. The next section is a guide to the different types of intellectual property – trade secrets, patents, copyright, trademarks, and other related rights – each of which has a different scope of protectable subject matter, scope of rights, rules for government registration (or not), duration, and legal basis. Each type of IP right interacts with others, and one type may convert to another. IP rights can be grouped into bundles, like groves of trees, and managed that way.

THE FOREST FOR THE TREES

The expression “He can't see the forest for the trees” refers to someone who is mired in details and therefore misses the context, the overall situation, the big picture. Unfortunately, the complexities of intellectual property draw us deep into the trees, so it becomes hard to see the shape of the larger forest, the dynamics of the IP system.

Type
Chapter
Information
Driving Innovation
Intellectual Property Strategies for a Dynamic World
, pp. 63 - 83
Publisher: Cambridge University Press
Print publication year: 2008

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