[A2k] WTO TRIPS Council (June 2014) - India's intervention on Intellectual Property and Innovation: Innovation Incubators

Perlman, Marc 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
> to
> 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
> open
> collaborative models, free exchange of information etc.
>

In my mind's ear I already hear the US & Taiwan delegates rehearsing their
comeback:

"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.

Marc Perlman

-- 
Associate Professor
Department of Music
Brown University
Providence, Rhode Island 02912
USA

http://research.brown.edu/research/profile.php?id=10308

*Unplayed Melodies: Javanese Gamelan and the Genesis of Music Theory*
http://www.ucpress.edu/book.php?isbn=9780520239562

"From 'Folklore' to 'Knowledge' in Global Governance: On the Metamorphoses
of the Unauthored"
http://www.sfu.ca/kbipinch/records/2705/
http://books.google.com/books?isbn=0226907090



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