[A2k] WTO TRIPS Council (June 2014) - India's intervention on Intellectual Property and Innovation: Innovation Incubators
marc_perlman at brown.edu
Wed Jun 11 11:03:01 PDT 2014
This looks to me like a tactical error on the part of India:
> On Wednesday, 11 June 2014, India delivered a statement at the WTO TRIPS
> Council on"Intellectual Property and Innovation: Innovation Incubators";
> Chinese Taipei (WTO speak for Taiwan) and the United States proposed this
> agenda item.
> ... Chair, since we are discussing about the innovation, let me also refer
> the book written by Anna Lee Saxenian: Regional Advantage: Culture and
> Competition in Silicon Valley and Route 128. The book is a comparative
> study of the two biggest electronics and ICT innovation centres in the US
> viz the Silicon Valley and Route 128 corridor in Massachusetts ...
> While there was collaboration,
> openness and informal exchange of information and knowledge between these
> firms in Silicon Valley, the culture in Route 128 was of closure and
> secrecy. ...
> Thus innovation cannot be promoted
> through *the culture of secrecy propounded by the IP regime* but through
> collaborative models, free exchange of information etc.
In my mind's ear I already hear the US & Taiwan delegates rehearsing their
"Aside from trade secret law, the IP regime is entirely compatible with a
culture of openness and the free sharing of information. In fact, patent
law is biased *against* secrecy, in that it requires disclosure of the
invention in return for protection. It's even possible to understand trade
secret law as designed to *reduce* secrecy to a bare minimum (see Mark
Lemley in the *Stanford Law Review,* November 2008)."
None of this reaches the substantive issues. But throwing out a phrase
like "culture of secrecy"--though it has a nice ring to it--is like
throwing red meat to sharks. In the resulting feeding frenzy the waters
churn and froth so much that the deeper issues can get obscured.
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