While the traditional literature and the policy statements concerning standardization as such emphasize the benefits of standardization, the intellectual property and competition law literature and policymaking has been more critical of standardization. Intellectual property is relevant, as the...

Concerns have been raised that the upsurge of 3D printing technology would disrupt the patent system. The central question the present paper aims to address is whether and to what extent the emergence of 3D printing technology indeed urges us to rethink patent law. The paper splits up this...

There is increasing concern that overlapping patents in the field of genetics will create a costly and legally complex situation known as a patent thicket, which, along with the associated issues of accumulating royalty payments, can act as a disincentive for innovation. One potential means of...

Open innovation is the subject of increased scholarly debate. A lot of attention has thereby been paid to firm-centered open innovation, characterized by a for-profit motive and the interplay between patents and contracts, resulting in restricted openness. Inspired by the increasing call for...

The present paper will look into the relationship between emerging markets and Europe in a twofold way. First, the paper will discuss the question from a European perspective, and investigate what impact emerging market patents may have on Europe. Second, the paper will briefly address the issue...

Patents in the life sciences sector have sparked considerable debate over the past years. The grant of a series of patents for the screening of breast cancer (BRCA) genes led to wide controversy in Europe, the US and Australia. The grant of patents for plants resulting from essentially...

In the ongoing debate concerning DNA patents, there is a need for empirical data. We aim at treating this data set for DNA patents related to diagnostic genetic testing. To this end we developed two tools to facilitate this process. First, we set up a search strategy to find the relevant...

The genetics community is increasingly concerned that patents might lead to restricted access to research and health care. We explore various measures that are designed to render patented genetic inventions accessible to further use in research, and to diagnosis and/or treatment. They include...

Ever since genes were first patented, the legitimacy and economics of human gene patents have been at the forefront of intense debate. Different stakeholders have expressed concerns about the effect of ‘blocking patents’ or ‘patent thickets’ on genetic technology, arguing that because...

In their foundational paper, 'Constructing Commons in the Cultural Environment', Madison, Frischmann and Strandburg develop a theoretical framework for analyzing and systematizing constructed cultural commons, thereby tilting the Institutional Analysis and Development (IAD) framework approach,...