Intellectual Property: A Success Story To Be Extended?

I’ve just been reminded of one of my  more scary speaking engagements of recent times. It was back in January 2009 at the invitation of Professor Michael Mainelli, Emeritus Gresham Professor of Commerce at Gresham College.

It was at the Real Time Club. Founded in 1967, the Real Time Club is believed to be the world’s oldest IT dining Club. The Club is dedicated to participative events that provide “rapid responses to the challenges of the information society”.

My fellow speakers were:
Professor Ian Angel
, who is Professor of Information Systems at the London School of Economics and also Chairman of Creative Commons (England and Wales).
David Bunting, who is CEO of Trevor Baylis Brands plc (a company which he setup with Trevor Baylis), which provides route-to-market services for inventors and entrepreneurs. David is a Chartered Engineer, a Fellow of the Institution of Engineering and Technology, and a Fellow of the CMA,
Richard Overden, who is an Associate Director of Oxford University’s Bodlian Library and Keeper of Special Collections. Prior to that he worked at Durham University Library, the House of Lords Library, and at the University of Edinburgh.
Tony Pluckrose, who is a Partner at Boult Wade Tennant and also a Chartered and European Patent Attorney.

Here is a brief report from the evening:

Some 40 members and guests of the Real Time Club attended the first dinner of 2009 to debate the subject of: “Intellectual Property: A Success Story to be Extended? Just Desserts or Global Gridlock?” The Chairman, Mark Holford welcomed the guests and then handed over to the evening’s host, Professor Michael Mainelli, who is also the club’s Vice President.

The format of the evening was a brief (three minute) statement by each of the panel of speakers, followed by a lively and challenging debate, to which everyone present made a contribution.

The introductory sessions posed a series of challenges. These included:

* “Is Intellectual Property protection being mis-sold?” Inventors often do not understand patent protection – they have a great idea, talk about it in the pub, and don’t realize that by doing so they have already exposed it to the public. Their problem is the extent to which they dare tell people what they are doing. They think that a patent will give them protection, even if the idea has been put into the public domain, and defending a patent is very expensive. What they should do is think like an entrepreneur, by keeping quiet, building a product, and once it is built patent it and sell it to a large corporation.

* The second challenge was the unreasonableness of traditional copyright law: “Is it right that I should be charged $500 in Las Vegas to use 30 seconds of Ella Fitzgerald in a presentation?”

* The third challenge was the fairness of current practice – monopoly rights that are given by governments in the form of patents should be properly categorized and reasonably charged; if they are not, it will stifle inventiveness.

* We then moved into the realm of science fiction and considered the Star Trek replicator, which is fast becoming science fact, since replication costs are negligible. Why shouldn’t we generate an idea, create value, and then make it freely available? Don’t we have a moral imperative to do this? After all, multiple people possess an idea – it is rather arbitrary that the first person who patents the idea owns it. Replication is now also now a major part of the librarian’s job; because of digitization, librarians have progressed from being curators of knowledge within a specific location to providers of digital representation on a global scale. And relationships with companies like Google introduce commercial, as well as engineering, considerations.

* The final contribution to the introductory session was the differences between USA and European IP law. In the past the USA has granted patents relatively freely (as in the case of State Street Bank), whereas Europe has been tougher (as in the case of Symbian). The USA has now resiled, and the high tide has passed and is now receding, But although patents are harder to get, they are still being granted when they shouldn’t be. The issues are cost and complexity, including the expense of challenging patent rights.

Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.