Lee, Nari --- "Intellectual property rights and open innovation in 3D printing: a different form of exclusivity" [2019] ELECD 2166; in Drexl, Josef; Kamperman Sanders, Anselm (eds), "The Innovation Society and Intellectual Property" (Edward Elgar Publishing, 2019) 231

Book Title: The Innovation Society and Intellectual Property

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

Publisher: Edward Elgar Publishing

Section: Chapter 10

Section Title: Intellectual property rights and open innovation in 3D printing: a different form of exclusivity

Author(s): Lee, Nari

Number of pages: 30

Abstract/Description:

Open and collaborative innovation is often pitted against the closed model of innovation, which is controlled by a single entity or producer/seller-driven. As such, it is often claimed that intellectual property conflicts with open innovation. When combined with the predictions on disruptive innovation in the postscarcity world, an open and inclusive rights regime may be a better alternative than a closed, exclusive rights regime. This chapter explores whether such claims can be made with an example of 3D printing. This chapter argues that although it seems difficult to suggest that open innovation is better suited than an exclusive rights regime for disruptive innovation, there seems to be some need for regulatory clarity concerning rights over data files and data sets. The chapter concludes by warning against framing governance of the disruptive innovation solely from the perspective of intellectual property, as it may overemphasize the role of intellectual property and its doctrines, resulting in a self-fulfilling prophecy.