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32 J. Marshall J. Info. Tech. & Privacy L. 151 (2015-2016)
The Protection of Pioneer Innovations - Lessons Learnt from the Semiconductor Chip Industry and Its IP Law Framework

handle is hein.journals/jmjcila32 and id is 153 raw text is: THE PROTECTION OF PIONEER INNOVATIONS - LESSONS LEARNT FROM THE SEMICONDUCTOR CHIP INDUSTRY AND ITS IP LAW FRAMEWORK THOMAS HOEREN- 1. INTRODUCTION In the second half of the 20th century, semiconductor technology as integrated circuits (IC), commonly known as microchips, became more and more dominating in our lives. Microchips are the control center of simple things like toasters as well as of complex high-tech machines for medical use. Of course, they also define the hearts of each computer. With the invention of semiconductor technology, a whole new economic sector began its rise and soon played a major role in the economies of the large industrial countries like the U.S., Japan and the EC.1 Espe- cially, it stands out for its innovational power and its readiness to in- vest. Microchips are a symbol for the modern industrial society. In the following considerations, I will try to show how and why * Prof Dr. Thomas Hoeren is the head of the Institute for Information, Telecom- munications and Media Law (ITM) at the University of Mtinster (Germany). Thanks to the Stanford Law School for allowing me to use the excellent library resources during my stay as a visiting professor at Stanford in 2014. Special thanks to Richard S. Stern and Steven F. Benz (Kellogg, Huber, Hansen, Todd, Evans & Figel, P. L. L. C.), to Arno Kbrber (former head of the patent division of Siemens/Munich) and to Mrs. Yuichi Utsumi (IEEJ/Toyko) for their comments. Further thanks to Dr. Roger J. Burt (European and Chartered Patent Attorney and formerly Head of Intellectual Property Law, IBM EMEA) for co-reading my study and giving me his extremely valuable advices as to the future of semiconductor industry. A first draft of this study has been presented at a WIPO Work- shop in Geneva - February 5 and 6, 2015. 1. Jeffrey T. Macher, David C. Mowery & Alberto Di Minin, Semiconductors, in INNOVATION IN GLOBAL INDUSTRIES: U.S. FIRMS COMPETING IN A NEW WORLD (COLLECTED STUDIES) (Jeffrey T. Macher & David C. Mowery eds., 2008), http://www.nap.edu/openbook.phprecord-id-12112&page- 101

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