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2009

Innovation

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Articles 1 - 22 of 22

Full-Text Articles in Law

Smes, Open Innovation And Ip Management: Advancing Global Development, Stanley P. Kowalski Dec 2009

Smes, Open Innovation And Ip Management: Advancing Global Development, Stanley P. Kowalski

Law Faculty Scholarship

[Excerpt] Micro-Small-Medium Enterprises (abbreviated herein henceforth as “SMEs”) are global drivers of technological innovation and economic development. Perhaps their importance has been somewhat eclipsed by the mega-multinational corporate entities. However, whereas the corporations might be conceptualized as towering sequoia trees, SMEs represent the deep, broad, fertile forest floor that nourishes, sustains and regenerates the global economic ecosystem.

[. . .]

Broadly recognized as engines of economic and global development, SMEs account for a substantial proportion of entrepreneurial activity in both industrialized and developing countries. Indeed, their role as dynamos for technological and economic progress in developing countries is critical and cannot be underemphasized ...


Agenda: Best Practices For Community And Environmental Protection, University Of Colorado Boulder. Natural Resources Law Center. Intermountain Oil And Gas Bmp Project, Colorado. Oil And Gas Conservation Commission Oct 2009

Agenda: Best Practices For Community And Environmental Protection, University Of Colorado Boulder. Natural Resources Law Center. Intermountain Oil And Gas Bmp Project, Colorado. Oil And Gas Conservation Commission

Best Practices for Community and Environmental Protection (October 14)

The first Intermountain BMP Project workshop, sponsored by the Natural Resources Law Center and the Colorado Oil and Gas Conservation Commission, was held in Rifle, Colorado on October 14, 2009 at the Garfield County Fairground for over 170 participants.

Speakers from Federal, state and local governments, the community, industry and environmental consultants, and conservation groups focused presentations and discussion on a greater understanding of what Best Management Practices (BMPs) are appropriate to the western slope of Colorado and how they are integrated into developments.


Slides: Bmp Project, Kent Kuster Oct 2009

Slides: Bmp Project, Kent Kuster

Best Practices for Community and Environmental Protection (October 14)

Presenter: Kent Kuster, Consultation Coordinator, Colorado Department of Public Health and Environment (CDPHE)

17 slides


Slides: Innovative Best Practices For The Western Slope: Stormwater Management Solutions And Philosophy For The Oil And Gas Industry, Kyle N. Schildt Oct 2009

Slides: Innovative Best Practices For The Western Slope: Stormwater Management Solutions And Philosophy For The Oil And Gas Industry, Kyle N. Schildt

Best Practices for Community and Environmental Protection (October 14)

Presenter: Kyle N. Schildt, P.E., LT Environmental, Inc.

12 slides


Contract Adjudication In A Collaborative Economy, Matthew C. Jennejohn Aug 2009

Contract Adjudication In A Collaborative Economy, Matthew C. Jennejohn

Matthew C Jennejohn

In order to explore the debate between contextualist versus formalist contract interpretation, this article examines dispute resolution procedures in a novel class of contracts: agreements governing inter-firm collaboration. Analysis of these contracts reveals two phenomena: first, agreements governing collaboration include arbitration clauses more frequently than other commercial contracts; and second, these agreements routinely situate arbitration at the summit of complex escalation procedures. These observations raise, in turn, the following inter-related questions: first, why do collaborators avoid litigation; and second, what makes escalated and private dispute resolution appropriate?

The article’s central claim is that litigation is shunned because contemporary contextualist ...


Why Typefaces Proliferate Without Copyright Protection, Blake Fry Aug 2009

Why Typefaces Proliferate Without Copyright Protection, Blake Fry

Blake Fry

Classic economic theory predicts that without copyright protection authors and publishers would not have sufficient incentive to invest the time or money needed to produce or distribute new works, and the public would suffer a shortage. Copyrights are an attempt to solve this problem. By granting a monopoly to the author of an expressive work the government gives him the sole right to copy it. If only the author has this right, authors will get a reasonable rate of return, and thus a sufficient incentive to create new works. However, empirical evidence on whether adequate expressive works would be created ...


Not All Grace Periods Are Created Equal: Building A Grace Period From The Ground Up, Renee E. Metzler Jul 2009

Not All Grace Periods Are Created Equal: Building A Grace Period From The Ground Up, Renee E. Metzler

Marquette Intellectual Property Law Review

The grace period for patent application filing is the amount of time a patent applicant has to file the application after the invention has been disclosed to the public. The rules and amount of time allowed vary greatly among countries. This comment explores the theoretical justifications for a grace period, the structural elements of a grace period, and other approaches to a grace period used in countries outside of the United States. The author proposes an ideal grace period model that would create international harmonization.


Untapped Inventive Potential In U.S. Communities, Michael Meehan Mar 2009

Untapped Inventive Potential In U.S. Communities, Michael Meehan

Michael Meehan PhD

This paper combines the 2000 U.S. Census data and the National Bureau of Economic Research’s (NBER) Patent Citation Data File in order to analyze how certain community-level population and community factors correlate with overall patenting and relative rates of assigned and unassigned patenting. Among the interesting findings discussed are that, in addition to the fact that overall patenting increased with higher populations of employed people, higher populations of people with either terminal undergraduate or master’s degrees, and higher median income, the overall rates of patenting decreased, and did not merely remain the level, as the other sectors ...


The Technicality Requirement, Patents Scope And Patentable Subject Matter In Australia, William Van Caenegem Feb 2009

The Technicality Requirement, Patents Scope And Patentable Subject Matter In Australia, William Van Caenegem

William Van Caenegem

The technicality requirement confines patentable subject matter to practical processes and products. It excludes theoretical knowledge and methods of conducting services as such from patentability. In a post-industrial age, there may be good arguments to abandon this limiting requirement, because innovation has become highly scientific and because services now form such an important part of industrial activity. However, because the underlying effect of the requirement is to limit the scope of patent claims, it should arguably be retained: patents of excessively broad scope have a negative aggregate welfare effect. In any case, even within the constraints of technicality, courts applying ...


Laboratories Of Democracy? Policy Innovation In Decentralized Governments, Brian D. Galle, Joseph K. Leahy Jan 2009

Laboratories Of Democracy? Policy Innovation In Decentralized Governments, Brian D. Galle, Joseph K. Leahy

Brian D. Galle

Innovations in government produce positive externalities for other jurisdictions. Theory therefore predicts that local government will tend to produce a lower than optimal amount of innovation, as officials will prefer to free-ride on innovation by others. As Susan Rose-Ackerman observed in 1980, these two predictions, if true, tend to undermine arguments by proponents of federated government that decentralization will lead to many competing “laboratories of democracy.” In this paper, which is aimed primarily at legal academics, we review and critically assess nearly three decades of responses to Rose-Ackerman’s arguments, none of which have been discussed in depth in the ...


Why Fdca Section 505(U) Should Not Concern Us Greatly, Kyle Faget Jan 2009

Why Fdca Section 505(U) Should Not Concern Us Greatly, Kyle Faget

Michigan Telecommunications & Technology Law Review

Among the many amendments found in the Food and Drug Administration Amendment Act of 2007 (FDAAA) is a provision at the end of the act, Section 505(u), which grants chiral switches five years of market exclusivity under certain circumstances. Prior to Congressional enactment of the FDAAA, the Food and Drug Administration (FDA) refused to award new chemical entity (NCE) status to enantiomers of previously approved racemic mixtures. The FDA defines a new chemical entity ("NCE") as a drug that contains no active moiety that has been approved by the FDA in any other application submitted under Section 505(b ...


An Environmental Competition Statute, David M. Driesen Jan 2009

An Environmental Competition Statute, David M. Driesen

College of Law - Faculty Scholarship

This chapter from a forthcoming Cambridge Press book, Beyond Environmental Law, proposes emulating free market dynamics with a new regulatory instrument, the Environmental Competition Statute. This statute would authorize any polluter making a pollution reduction to require a dirtier competitor to reimburse it for the full cost of making this improvement along with a preset profit margin. This creates an economic dynamic similar to that prevailing in very competitive markets. In such markets, those who innovate in effect take money from those who do not, by taking over a portion of their market share. This statute similarly allows environmental innovators ...


Uneasy Lies The Head That Wears The Crown: Why Content's Kingdom Is Slipping Away, Jonathan Handel Jan 2009

Uneasy Lies The Head That Wears The Crown: Why Content's Kingdom Is Slipping Away, Jonathan Handel

Vanderbilt Journal of Entertainment & Technology Law

This Article examines the ongoing power struggle between the content industries (with a particular focus on Hollywood) and the technology industry. These two sectors are intertwined like never before, yet their fates seem wildly divergent, with content stumbling while distribution technology thrives.

The Article begins by illustrating that, even before the recession took hold, traditional paid content was in trouble, and that this was and is true across a range of distribution platforms and content types, including theatrical motion pictures, home video, network television, music, newspapers, books, and magazines. The Article next posits six reasons for content's discontent: supply ...


Using Ip To Suppress Innovation (On Purpose), James Gibson Jan 2009

Using Ip To Suppress Innovation (On Purpose), James Gibson

Law Faculty Publications

In this “IP Viewpoints” post, I hope to combine two Uncontroversial Premises to reach a Counterintuitive Conclusion about the role that intellectual property can play in the regulation of innovation.

First Uncontroversial Premise: IP is a useful tool for creating incentives to innovate, but too much IP protection is counterproductive.

Giving innovators exclusive control over certain uses of their innovations allows them to commercialize their inventiveness and creativity, and thus helps ensure a return of the resources they invest in their craft. But IP protection also brings with it certain costs – and when IP rights reach a certain level of ...


How Not To Invent A Patent Crisis, F. Scott Kieff, Henry E. Smith Jan 2009

How Not To Invent A Patent Crisis, F. Scott Kieff, Henry E. Smith

GW Law Faculty Publications & Other Works

This short essay written for a broad audience addresses the problems that are at the center of current debates in academic and policy circles about the patent system. Most current patent reform proposals are designed to give officials and courts more power to weaken or eliminate ‘‘unworthy’’ patents and take primary aim at so-called patent trolls. This essay argues that in light of the rapid, and excessive, changes that have already occurred in the courts, what patent law needs is a tweaking of existing safety valves and processes - not opening the floodgates to more discretion and uncertainty.


Innovation After The Revolution: Foreign Sovereign Bond Contracts Since 2003, Anna Gelpern, G. Mitu Gulati Jan 2009

Innovation After The Revolution: Foreign Sovereign Bond Contracts Since 2003, Anna Gelpern, G. Mitu Gulati

Articles in Law Reviews & Other Academic Journals

For over a decade, contracts literature has focused on standardization. Scholars asked how terms become standard, and why they change so rarely. This line of inquiry painted a world where a standard term persists until it is dislodged by another standard term, perhaps after a brief window of ferment before the second term takes hold. It also overshadowed the early insights of boilerplate theories, which described contracts as a mix of standard and customized terms, and asked why the mix might be suboptimal. This article brings the focus back to the mix. It examines the development of selected provisions in ...


Federalism, Policy Learning, And Local Innovation In Public Health: The Case Of The Supervised Injection Facility, Scott Burris, Evan D. Anderson, Leo Beletsky, Corey S. Davis Jan 2009

Federalism, Policy Learning, And Local Innovation In Public Health: The Case Of The Supervised Injection Facility, Scott Burris, Evan D. Anderson, Leo Beletsky, Corey S. Davis

Saint Louis University Law Journal

No abstract provided.


To (C) Or Not To (C)? Copyright And Innovation In The Digital Typeface Industry, Jacqueline D. Lipton Jan 2009

To (C) Or Not To (C)? Copyright And Innovation In The Digital Typeface Industry, Jacqueline D. Lipton

Articles

Intellectual property rights are often justified by utilitarian theory. However, recent scholarship suggests that creativity thrives in some industries in the absence of intellectual property protection. These industries might be called IP's negative spaces. One such industry that has received little scholarly attention is the typeface industry. This industry has recently digitized. Its adoption of digital processes has altered its market structure in ways that necessitate reconsideration of its IP negative status, with particular emphasis on copyright. This article considers the historical denial of copyright protection for typefaces in the United States, and examines arguments both for and against ...


Death From The Public Domain?, Kevin Outterson Jan 2009

Death From The Public Domain?, Kevin Outterson

Faculty Scholarship

In his recent article in the Texas Law Review, Ben Roin advances the claim that pharmaceutical innovation and the public’s health are harmed by the doctrines of non-obviousness and novelty. He does not mince words, labeling the nonobvious requirement as “perversity” with a “pernicious” effect on drug development. In his view, these standards pose an insurmountable barrier for drug companies seeking to commercialize inventions already in the public domain. He claims that valuable, life-saving drug ideas languish in the public domain because the companies face high barriers to entry from the FDA, but potential free riders are encouraged through ...


Locating Innovation: The Endogeneity Of Technology, Organizational Structure And Financial Contracting, Ronald J. Gilson Jan 2009

Locating Innovation: The Endogeneity Of Technology, Organizational Structure And Financial Contracting, Ronald J. Gilson

Faculty Scholarship

There is much we do not understand about the “location” of innovation: the confluence, for a particular innovation, of the technology associated with the innovation, the innovating firm’s size and organizational structure, and the financial contracting that supports the innovation. This Essay suggests that these three indicia are simultaneously determined and discusses the interaction among them through four examples of innovative activity whose location is characterized by tradeoffs between pursuing the activity in an established company; in a smaller, earlier stage company; or some combination of the two. It first considers the dilemma faced by an established company in ...


Contracting For Innovation: Vertical Disintegration And Interfirm Collaboration, Ronald J. Gilson, Charles F. Sabel, Robert E. Scott Jan 2009

Contracting For Innovation: Vertical Disintegration And Interfirm Collaboration, Ronald J. Gilson, Charles F. Sabel, Robert E. Scott

Faculty Scholarship

Rapidly innovating industries are not behaving the way theory expects. Conventional industrial organization theory predicts that, when parties in a supply chain have to make transaction-specific investments, the risk of opportunism will drive them away from contracts and toward vertical integration. Despite the conventional theory, however, contemporary practice is moving in the other direction. Instead of vertical integration, we observe vertical disintegration in a significant number of industries, as producers recognize that they cannot themselves maintain cutting-edge technology in every field required for the success of their products. In doing this, the parties are developing forms of contracting beyond the ...


Laboratories Of Democracy? Policy Innovation In Decentralized Governments, Brian D. Galle, Joseph K. Leahy Jan 2009

Laboratories Of Democracy? Policy Innovation In Decentralized Governments, Brian D. Galle, Joseph K. Leahy

Boston College Law School Faculty Papers

Innovations in government produce positive externalities for other jurisdictions. Theory therefore predicts that local government will tend to produce a lower than optimal amount of innovation, as officials will prefer to free-ride on innovation by others. As Susan Rose-Ackerman observed in 1980, these two predictions, if true, tend to undermine arguments by proponents of federated government that decentralization will lead to many competing “laboratories of democracy.”

In this paper, which is aimed primarily at legal academics, we review and critically assess nearly three decades of responses to Rose-Ackerman’s arguments, none of which have been discussed in depth in the ...