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Order Without Intellectual Property Law: Open Science in Influenza.

Amy Kapczynski1

  • 1Yale Law School.

Cornell Law Review
|October 20, 2017
PubMed
Summary
This summary is machine-generated.

Intellectual property (IP) has limits. This study shows how a global influenza virus-sharing network achieved success in producing vital scientific goods without IP, demonstrating effective "open science" models.

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Area of Science:

  • Scientific knowledge production
  • Open science
  • Intellectual property law

Background:

  • Scholarly consensus acknowledges limitations in intellectual property (IP) for information production.
  • A nascent field of "intellectual production without IP" seeks alternatives but faces skepticism.
  • Existing examples lack robust explanations and convincing evidence.

Purpose of the Study:

  • To reorient the literature on "intellectual production without IP" through a case study.
  • To analyze a global influenza virus-sharing network as a model of "open science".
  • To refute criticisms of "IP without IP" and strengthen the field's foundation.

Main Methods:

  • Case study analysis of a global influenza virus-sharing network.
  • Examination of the network's operational model as a form of "open science".
  • Analysis of governance mechanisms, including contract law, stabilizing cooperation.

Main Results:

  • The influenza network successfully produced critical information goods without IP, demonstrating a viable "open science" model.
  • Creation without IP can be socially effective, even with high capital costs, by linking funding to reputational feedback loops.
  • Organizations and contract law can sustain cooperation in loose-knit groups for high-stakes endeavors.

Conclusions:

  • "Open science" offers a powerful alternative to traditional IP for producing essential scientific goods.
  • Governance, including contract law, is crucial for "order without IP", not the absence of law.
  • This research provides a stronger foundation for studying and supporting knowledge production beyond conventional IP frameworks.