Chapter 10 Transnational policy recommendations and policy issues
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International applicability of the general as well as the special innovation and IP policy recommendations from the national investigation was fairly high, with some exceptions, in line with international policy convergence. A number of important new phenomena and policy issues were found and probed, such as various uses and abuses of the IPR system, NPEs, standards and patents, the emerging market for IP control and patent auctions, IP in open innovation collaborations, the IP assembly and disassembly problem, IP-based “evergreening” and multi-protection, IP litigation, use of IPRs for tax planning, IP volunteering and IP donations, IP in NPFs, and private ordering through extra-legal IPRs. These phenomena also illustrated how IPRs could be used for innovation governance, complemented by extra-legal IPRs, liability rules and organizational responsibilities, calling for micro-legal reengineering of the patent right bundle and its sub-rights. Various new phenomena and growing uses, abuses and misfits of the IPR system after the emergence of intellectual capitalism and the advent of the pro-IP era call for much further research and about 30 research questions were identified and suggested.

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