Access and Use: Open vs. Proprietary Worlds

10 Pages Posted: 17 Jun 2014

See all articles by Reto Hilty

Reto Hilty

Max Planck Institute for Innovation and Competition; University of Zurich; Ludwig Maximilian University of Munich (LMU)

Kaya Köklü

Intellectual Property Rights; Max Planck Institute for Innovation and Competition

Date Written: April 29, 2013

Abstract

There are good reasons to assume that an open world, which allows broad access to existing knowledge, is a better and more social world. But non-open, proprietary systems like patent or copyright laws do also have their legitimacy – particularly with regard to providing incentives for innovation and creation. The paper shows that open and proprietary worlds are not mutually exclusive but rather dependent on each other. Instead of replacing the propriety world by an open world, it is rather crucial to find a balance between both systems. In search for the right balance, it is apparent that the risk of imbalance is rather one-sided. IP rights as a matter of principle are of an exclusive nature. Hence, the risk of over-exclusiveness is more likely than over-openness. The tools to safeguard a certain degree of openness already exist. In this respect often overlooked is the importance and effectiveness of compulsory licenses.

Keywords: open world, proprietary world, compulsory licenses, creative commons, open innovation

Suggested Citation

Hilty, Reto and Köklü, Kaya, Access and Use: Open vs. Proprietary Worlds (April 29, 2013). Max Planck Institute for Innovation & Competition Research Paper No. 14-07, Available at SSRN: https://ssrn.com/abstract=2425637 or http://dx.doi.org/10.2139/ssrn.2425637

Reto Hilty

Max Planck Institute for Innovation and Competition ( email )

Marstallplatz 1
Munich, Bayern 80539
Germany

HOME PAGE: http://www.ip.mpg.de

University of Zurich

Rämistrasse 74/7
Zürich, CH-8001
Switzerland

Ludwig Maximilian University of Munich (LMU)

Munich, 80539
Germany

Kaya Köklü (Contact Author)

Intellectual Property Rights ( email )

Max Planck Institute for Innovation and Competition ( email )

Marstallplatz 1
Munich, Bayern 80539
Germany

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