One Size Dosen't Fit All

  • Public versus Private Knowledge
    • Certain clases of knowledge ought to be in the public domain and others freely available to everyone.

        Basic scientific knowledge should be freely available to everyone and reside under public rights.

        Products developed from that knowledge should receive private monopoly rights.

  • Developed versus developing countries
    • A global system of intellectual property rights is needed.

      It must reflect the need of the developing and the developed countries.

      Example: A third world country's need for pharmaceuticals is not equivalent to it's need for CD's.

      Any system (like the current one) which treats such need equally, is neither a good nor a viable system.

  • Different Industries, Types of Knowledge, Types of Inventors, and Types of Patents.
    • There is nothing more unequal than a system that treats unequals equally!

      The optimal patent system will NOT be the same for all industries, all types of knowledge, or all types of inventors.

        Example: "Electronics vs Pharmaceuticals"

        Electronics: Want's speed and short term protection because most of it's money is earned soon after new knowledge is developed.

        Pharmaceuticals: Wants long term protection because most of its money is earned after a long period of testing and approval.

      Different types of knowledge should be distinguished from one another and patents awarded on that basis.

        Fundamental advances are not equivalent to logical extensions of existing knowledge and should not be treated as if they were.

        Individual inventors should not be treated the same as large corporations.

        Costs of filing, speed of issuance, and dispute settlement should vary.