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From Open Source Software To Open Patenting: What’S New In The Realm Of Openness?, Mariateresa Maggiolino, Maria Lillà Montagnani
From Open Source Software To Open Patenting: What’S New In The Realm Of Openness?, Mariateresa Maggiolino, Maria Lillà Montagnani
mariateresa maggiolino
This paper analyses the emerging Open Patenting (OP) phenomenon within the boundaries of the Open Source (OS), and against the backdrop of the Open Source Software (OSS). We argues that OP like OSS can be a flexible legal tool capable of shaping the existing IP rules thereby facing some of the limits that the traditional paradigms used for explaining innovation and managing IPRs bear. Further, we maintain that IP differently from OSS is still a kaleidoscopic phenomenon whose boundaries are unsettled and very much affected by the industry to which the subject matter (or innovation) belongs. Part I discusses the …