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"Preface" [2019] ELECD 2155; in Drexl, Josef; Kamperman Sanders, Anselm (eds), "The Innovation Society and Intellectual Property" (Edward Elgar Publishing, 2019) xi

Book Title: The Innovation Society and Intellectual Property

Editor(s): Drexl, Josef; Kamperman Sanders, Anselm

Publisher: Edward Elgar Publishing

Section Title: Preface

Number of pages: 3

Extract:

Preface
Innovation is generally considered a major condition for modern societies to
prosper and to generate economic growth. This explains why countries around
the globe include innovation in the list of objectives they pursue in their
economic policies. Yet, whether societies are able to bring about innovation
depends on multiple factors. From a legal perspective, intellectual property
legislation constitutes a most important instrument expected to help generate
innovation. But it would be wrong to equate intellectual property rights, or
their subject matter of protection, with innovation. The relationship between
the two is more complex. While the legislature has adopted intellectual prop-
erty law as a tool to enhance innovation through the creation of a competitive
market for intangible assets ­ which identifies intellectual property as `func-
tional' property ­ the grant of patents, the registration of trade marks or the rec-
ognition of copyright in original works of authorship does not suffice to make
society better off. At best, the existence of intellectual property systems may
create additional incentives for innovative activities. Even more, the innova-
tion process does not stop with the invention for which the inventor can apply
for a patent or the creation of a work. The protected subject matter also needs
to be translated in marketable products that satisfy actual consumer demand.
The contributions to this volume adopt a uniform perspective on this
complex relationship between intellectual property and innovation. They do
not take for granted that existing intellectual property systems will always
enhance innovation. In fact, intellectual ...