Public Innovation: Intellectual Property in a Digital Age

Citation

Van Hoorebeek, M. (2007), "Public Innovation: Intellectual Property in a Digital Age", Managerial Law, Vol. 49 No. 3, pp. 107-108. https://doi.org/10.1108/03090550710816528

The 2005 Labour Party manifesto proclaimed that the “economy of the future [would be]… based on knowledge, innovation and creativity”. Whereby innovation in both the public and private spheres would be quickly ushered into the open arms of the market, producing economic well‐being through productivity gains. The underlying theory of productivity gains is thus founded around the premise of transforming inventive discovery into practical results, by the erection of proprietary‐based powers of exclusivity.

This sound bite certainly sounds plausible, and Labour was able to further illustrate its commitment to innovation when the Chancellor of the Exchequer in December 2005 commissioned Andrew Gowers to conduct an independent review into the UK Intellectual Property Framework, a system that provides end stage protection for innovation. There are, however, a number of issues with the above statements, the most important being that the concept of innovation is a potentially huge area stretching across numerous displines. If the area is limited to the public sector the topic remains wide‐ranging. The 98 page book by Davies and Withers although informative is forced to deal, at times, in generalities. This is not entirely detrimental as the approach aids in the clarification of some of the loosely defined key concepts.

The book's foundation is based on the premise that significant amounts of innovation takes place in the public sector and public institutions are considered to have the potential to take advantage of publicly funded innovative economic devices that function within a national framework. This premise is supported by the numerous initiatives which have been utilised to encourage the public sector to become the engine of economic growth. “Public Innovation: Intellectual property in a digital age” presents a contentious and perhaps unusual central approach to public sector innovation suggesting that a strong public interest scheme within a multi‐faceted commercially centred regime of intellectual property protection provides an optimal solution.

The book opines that a balance should be struck between the incentive to innovate, the economic value of the public domain, the civic value of access and inclusion and the preservation of heritage. Putting forward a suggested model of intellectual property policy “that places knowledge as public resource first and a private asset second”. Placing value on the public domain is commendable; placing it above economic concerns could leave certain sectors with significant funding problems and potentially raises questions concerning the incentive aspect of intellectual property protection. Certainly changing a well‐established system has the intrinsic risk of destabilising an important economic construct. General statements concerning policy have a tendency to break down when the diversity and complexity of intellectual property is considered, certainly in the areas of copyright and patents which have a complicated case law and legislative history. The related areas of confidentiality, industrial designs and trademarks also have a role to play in the public innovation sphere.

The book is thought provoking, providing careful and well‐researched insight into chosen aspects of public sector innovation. Coverage cannot be expected to be full due to the size of the topic area and the length of the book; certainly the non‐commercial/commercial divide with regard to the university sector is an area that needed further study, the case of Madey vs Duke University perhaps providing a cautionary tale from the USA.

Its main strength as a book is the use of up to date and relevant case studies concerning the topics presented. The book represents an overview of some of the issues that arise from public innovation; the generalities presented often lead to unsatisfying coverage, but should prompt the dedicated reader to expand his or her research in the areas suggested within the text. Despite its limitations and short comings the book presents an excellent primer on some of the issues that arise within the public sphere and is certainly well worth the purchase price.