Smart Urban Mobility: A Positive or Negative IP Space? A Case Study to Test the Role of IP in Fostering Digital Data-Driven Innovation

Forthcoming in Michèle Finck, Matthias Lamping, Valentina Moscon and Heiko Richter (eds), Smart Urban Mobility. Law Regulation and Policy (Springer, MPI Studies on Intellectual Property and Competition Law, 2020)

18 Pages Posted: 7 Apr 2020

See all articles by Giulia Priora

Giulia Priora

NOVA School of Law Lisbon

Caterina Sganga

Scuola Superiore Sant'Anna di Pisa

Date Written: March 1, 2020

Abstract

Not all innovative processes rely on IP exclusive rights to incentivize and protect their content. While strategic considerations on the costs and convenience of IP enforcement generally play an important role, in specific sectors alternative norms and practices have proven more effective than exclusive rights in fostering progress by turning inclusivity into benefits, thus challenging IP protection at its core. At a first glance, the wide-ranging sector of digital data-driven innovations presents a twofold nature: on the one hand, they require remarkable investments, which likely call for a strict approach to IP rights; and on the other hand, they make interoperability and follow-up creations key factors of technological progress, thus valuing inclusivity in the enhancement of resource allocation and services. Against this background, the paper aims to investigate the role and incentivizing potential of IP rights in the smart urban mobility context, which represents an innovative sector of remarkable social impact and is rapidly on the rise. By applying the conceptual framework of legal and economic theories exploring the so-called ‘IP negative spaces’, this study highlights strengths and weaknesses of the exclusive rights paradigm in the promotion and management of innovative ideas for advancing urban planning and life in European cities.

Keywords: Digital innovation, open innovation, smart city, smart urban mobility, IP law, IP negative space, knockoff economy

JEL Classification: K11, K12, K29, D23

Suggested Citation

Priora, Giulia and Sganga, Caterina, Smart Urban Mobility: A Positive or Negative IP Space? A Case Study to Test the Role of IP in Fostering Digital Data-Driven Innovation (March 1, 2020). Forthcoming in Michèle Finck, Matthias Lamping, Valentina Moscon and Heiko Richter (eds), Smart Urban Mobility. Law Regulation and Policy (Springer, MPI Studies on Intellectual Property and Competition Law, 2020), Available at SSRN: https://ssrn.com/abstract=3553395

Giulia Priora (Contact Author)

NOVA School of Law Lisbon ( email )

Campus de Campolide
Lisbon, 1099-032
Portugal

Caterina Sganga

Scuola Superiore Sant'Anna di Pisa ( email )

Piazza Martiri della Libertà 33
Pisa, 56127
Italy

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