Present Thinking About the Future of Intellectual Property: A Literature Review

49 Pages Posted: 19 Apr 2014 Last revised: 24 Apr 2014

Jeremy de Beer

University of Ottawa - Common Law Section

Alexandra Mogyoros

University of Oxford - Faculty of Law

Sean Stidwill

University of Ottawa - Faculty of Law

Date Written: April 17, 2014

Abstract

This article presents the results of a systematic review and analysis of the way that “the future” is addressed in intellectual property literature. Iterative methodical searches in key databases of published materials and targeted reviews of grey literature revealed a limited number of relevant works pertaining to the future. These works were analysed and classified according to our original taxonomy, considering for example: whether the future was conceived as predictable or uncertain; whether the analysis was issue-specific, IP-categorical, or systemic; and whether the work considered legal, economic, technological, social, environmental, or ethical factors driving change. Quantitative and qualitative analyses of the literature demonstrates very few works that consider multiple factors driving systemic changes in an uncertain future. The article describes and recommends the use of distinct research tools, specifically foresight and scenarios methods, capable of addressing this gap in our present thinking about the future of intellectual property.

Keywords: Intellectual Property, Future, Foresight, Futures Studies, Literature Review

Suggested Citation

de Beer, Jeremy and Mogyoros, Alexandra and Stidwill, Sean, Present Thinking About the Future of Intellectual Property: A Literature Review (April 17, 2014). J de Beer, A Mogyoros & S Stidwill, “Present Thinking About the Future of Intellectual Property: A Literature Review”, (2014) SCRIPT-ed: A Journal of Law, Technology & Society 11:1. Available at SSRN: https://ssrn.com/abstract=2426159

Jeremy De Beer

University of Ottawa - Common Law Section ( email )

57 Louis Pasteur Street
Ottawa, K1N 6N5
Canada

Alexandra Mogyoros (Contact Author)

University of Oxford - Faculty of Law ( email )

St Cross Building
St Cross Road
Oxford, OX1 3UL
United Kingdom

Sean Stidwill

University of Ottawa - Faculty of Law ( email )

57 Louis Pasteur Street
Ottawa, Ontario K1N 6N5
Canada

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