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Suthersanen, Uma; Dutfield, Graham --- "Policy Considerations for Governments" [2007] ELECD 135; in Suthersanen, Uma; Dutfield, Graham; Chow, Boey Kit (eds), "Innovation Without Patents" (Edward Elgar Publishing, 2007)

Book Title: Innovation Without Patents

Editor(s): Suthersanen, Uma; Dutfield, Graham; Chow, Boey Kit

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781845429591

Section: Chapter 4

Section Title: Policy Considerations for Governments

Author(s): Suthersanen, Uma; Dutfield, Graham

Number of pages: 7

Extract:

4. Policy considerations for governments
Uma Suthersanen and Graham Dutfield

In essence, the choices facing policymakers in respect of sub-patentable inven-
tions are far from straightforward. Questions for governments are:

l Should we leave sub-patentable inventions unprotected (sub-patentable
meaning those inventions which show little or no inventiveness)?
l Should we lower the inventive step threshold under the standard patent
law so that more inventions, including minor sub-patentable innovations,
become patentable?
l Should we seek to create alternative legal means of protection such as a
tort or misappropriation law, or a hybrid property rights system such as
design rights?

The fundamental precondition for a decision on whether or not to adopt UM
protection is that developing countries must map out and evaluate their own in-
dustrial and innovation base, and identify its current and long term economic
requirements. The following points elaborate what type of specific considera-
tions and questions need to be asked.


4.1 THE RIGHT TYPE OF `INTELLECTUAL PROPERTY
INSTITUTIONAL ORDER'?
Intellectual property systems are more than just pieces of legislation, and
may best be viewed as public policy regulatory institutions. As such, they
consist of the relevant statutes, rules and regulations plus the government
agencies, courts and professional people involved in interpretation, imple-
mentation, enforcement and reform. Institutions are not static but evolve over
time, and they operate in different ways according to the context. Thus, they
may be appropriate and functional in one context but inappropriate and dys-
functional in another, and ...