= Studier o rapporter om SWP Samla länkar till "research papers" där ute.. ------------------------------------ ==== A closer look at the european commission's proposal http://www.epip.ruc.dk/Papers/ROSSI_Paper.pdf (Av Maria Alessandra Rossi Doctoral School of Law and Economics, University of Siena) *citat* "This paper attempts an evaluation of the merits of the European Commission's "Proposal for a Directive on the Patentability of Computer-implemented Inventions". The general thrust of the argument will suggest that it is indeed not surprising that the Proposed Directive has generated such an outburst of reactions. In sum, the Proposed Directive in its present form cannot be said to adequately serve the purpose of increasing legal certainty. The main problem with the approach taken by the Proposal is that it establishes a set of conditions for patentability whose only meaningful and consistent interpretation coincides with a significant extension of patentability, close to the situation corresponding to a deletion of art.52(2) and (3)." ------------------------------------ ==== Deutsche Bank More growth for Germany http://www.dbresearch.com/PROD/DBR_INTERNET_EN-PROD/PROD0000000000175949.pdf (Deutsche Bank Research Frankfurt am Main 2004) *Citat:* Set up a balanced IP protection regime to foster the creation and flow of ideas. Stronger IP protection is not always better. Chances are that patents on software, common practice in the US and on the brink of being legalised in Europe, in fact stifle innovation. Europe could still alter course. ------------------------------------ ==== To Promote Innovation: The Proper Balance of Competition and Patent Law and Policy http://www.ftc.gov/os/2003/10/innovationrpt.pdf (U.S. Federal Trade Commission 2003) ffii.org.uk har skrivit en bra sida som sammanfattar det intressanta ur den fler-hundrasidiga rapporten ovan: http://www.ffii.org.uk/swpat/ftc/ftc.html ------------------------------------- ==== PriceWaterhouseCooper [Rethinking the European ICT Agenda http://www.ez.nl/dsc?c=getobject&s=obj&!sessionid=1zY@p5K78Hd!ziQW2wD1FEodvhsUlCp3M4aGBFh@OqKIXXlWdpD8XH5Wf8xG1jmb&objectid=24583&!dsname=EZInternet&sitename=EZ-nl&loggetobject=true&isapidir=/gvisapi/] The Register har även en sammanfattande artikel: http://www.theregister.co.uk/2004/09/15/pwc_swpat_are_a_threat/ ------------------------------------- ==== Sequential Innovation, Patents, And Imitation http://papers.ssrn.com/sol3/papers.cfm?abstract_id=206189 (Bessen and Maskin Januari 2000) *Citat:* "How could such industries as software, semiconductors, and computers have been so innovative despite historically weak patent protection? We argue that if innovation is both sequential and complementary--as it certainly has been in those industries--competition can increase firms' future profits thus offsetting short-term dissipation of rents. A simple model also shows that in such a dynamic industry, patent protection may reduce overall innovation and social welfare." ------------------------------------- ==== An Empirical Look at Software Patents http://papers.ssrn.com/sol3/papers.cfm?abstract_id=461701 (Bessen och Hunt) *Citat:* "We find evidence that software patents substitute for R&D at the firm level; they are associated with lower R&D intensity. This result occurs primarily in industries known for strategic patenting and is difficult to reconcile with the traditional incentive theory of patents." ------------------------------------ ==== Business Method Patents and Patent Floods http://papers.ssrn.com/sol3/papers.cfm?abstract_id=311087 (MICHAEL J. MEURER Boston University School of Law) *Citat:* "Future technological breakthroughs might now cause two different patent floods: a flood of patents covering the relevant technology, and a flood of patents covering business methods in the new market opened by the breakthrough. Furthermore, a technological breakthrough is no longer a precondition for a patent flood. Any factor that opens a new market might cause a future flood of business method patents. Furthermore, a thicket of patents may stultify development of technology because of the cost of securing patent licenses from the large numbers of patent owners. Cross-license agreements and patent pools mitigate problems caused by floods, but such agreements could be difficult to reach in response to future business method patent floods. The heightened risk of patent floods is a problem unique to business method patents, and justifies exceptional treatment of business method inventions. It is probably socially desirable to use the subject matter and nonobviousness standards for patentability to restrict grants of business method patents. ------------------------------------ ==== Software Patents in Germany - Current Developments http://papers.ssrn.com/sol3/papers.cfm?abstract_id=240205 (Max Planck Institute for Research on Collective Goods) *Citat:* "In December 1999 and May 2000, the German Federal Supreme Court in civil matters ("Bundesgerichtshof") published two landmark decisions ("Logikverifikation" and "Sprachanalyseeinrichtung"). These decisions could broaden the scope of patent protection for computer software considerably." ------------------------------------ ==== Business Method Patents, Innovation, and Policy http://papers.ssrn.com/sol3/papers.cfm?abstract_id=463160 (Bronwyn H. Hall University of California at Berkeley) *Citat:* "It concludes by finding some consensus in the literature about the problems associated with this particular expansion of patentable subject matter, highlighting remaining areas of disagreement, and suggesting where there are major gaps in our understanding of the impact of these patents." ------------------------------------ ==== The Economics of Patents and Copyright http://papers.ssrn.com/sol3/papers.cfm?abstract_id=642622 (MONOGRAPH, Berkeley Electronic Press, July 2004) *Citat:* "On the one hand, piracy and counterfeiting are spreading, which reduces the incentives to create and invent. On the other, intellectual property law is being reinforced, which will ultimately restrict the diffusion of works and the use of innovations. What is the right balance?" ------------------------------------ ==== Competitive Disadvantage Through Non-Existing Software Patents http://papers.ssrn.com/sol3/papers.cfm?abstract_id=505102 (Chemnitz University of Technology (CUT) - Department of Economics) *Citat:* "In a model of sequential patent races, it is examined whether or not introducing a patent law in the home country is beneficial to the firms and the society as a whole given the foreign country already offers patent protection. In a Cournot and a Bertand model with a homogeneous product, the home country will never benefit from the introduction of patent" protection."