New Knowledge Creation Regimes

The general task is to find the appropriate rules of the game in order to bring about the best combinations of various knowledge appropriation systems: the traditional antagonistic systems of public financing of R&D and of the patent system as well as the more recent, intermediate systems, such as open source technology, general public licenses, soft (or weak) patents, public private partnerships and private philanthropy. Creating an internationally recognized regulatory regime that allows a greater variety of knowledge appropriation systems to coexist might prove to be a positive-sum game promoting innovation and growth.

Appropriate policy action regulating these knowledge appropriation systems requires meeting some general conditions: It should build on concerted international regulations, with enough room for country and sector specific solutions, and with special attention to the needs of SMEs and less developed countries. More specifically, possible solutions might include (following suggestions made by Stiglitz and others):

• Restrictions to the patent regime, in particular regarding the width and duration of patents, as well as the exploitation of traditional knowledge,
• Guarantee funds (like AMC) equipped by governments or by sponsors, that frame well-defined research objectives, and guarantee for the future returns to it,
• Compulsory licensing of patented productions, in matters of life and death, and to allow for free-riding of less-developed countries,
• Continuation of providing basic research as a public good by public research,
• Strengthening of private philanthropy (e.g., by respective international legislation and guarantee systems), in order to bridge gaps between needs and capacities of public research.

One starting point could be the existing TRIPs agreement (Trade-Related Aspects of Intellectual Property Rights) from 1995. It should, however, be put under the reign of the World Intellectual Property Organization (WIPO), which should in turn be made more influential, and it should be modified significantly to better meet the above requirements.