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Jamar, Steven D.; Mtima, Lateef --- "A Social Justice Perspective on Intellectual Property, Innovation, and Entrepreneurship" [2012] ELECD 547; in Carpenter, M. Megan (ed), "Entrepreneurship and Innovation in Evolving Economies" (Edward Elgar Publishing, 2012)

Book Title: Entrepreneurship and Innovation in Evolving Economies

Editor(s): Carpenter, M. Megan

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9780857934697

Section: Chapter 6

Section Title: A Social Justice Perspective on Intellectual Property, Innovation, and Entrepreneurship

Author(s): Jamar, Steven D.; Mtima, Lateef

Number of pages: 33

Extract:

6. A social justice perspective on
intellectual property, innovation,
and entrepreneurship
Steven D. Jamar and Lateef Mtima*

Innovation is an unruly thing. There will be some ideas that don't get caught in
your cup. But that is not what the game is about. The game is about what you
catch, not what you spill.1
Nathan Myhrvold

Myhrvold's point ties into our essential theme that care must be taken
not to tie up ideas and not to bind up the rights in works of the intellect
too tightly because if we do, the flow from the spigot of creativity will be
reduced, producing a drought in innovation and development. Not only
will the cup of innovation not overflow and spill some ideas that others
catch and exploit, but the cup will have only a drop or two of value to
its owner. Intellectual property law, policy, and administration must not
constrict the flow of creativity in order to catch 100% of the flow from the
pipe, but rather should be designed to release a gusher of creativity and
innovation for the benefit of all.



* The authors wish to thank Megan Carpenter, Associate Professor of Law and
Director of the Center for Law and Intellectual Property at Texas Wesleyan School
of Law, for convening the conference on April 1, 2011 on Evolving Economies: The
Role of Law in Entrepreneurship and Innovation and inviting their participation in
the conference and to submit a chapter for the book. We also wish ...