4 Queen Mary J. Intell. Prop. 1 (2014)

handle is hein.journals/qmjip4 and id is 1 raw text is: 




Queen Mary Journal of Intellectual Property, Vol. 4 No. 1, pp. 1-2


Editorial


One  of the crucial characteristics of the intellectual property system in terms of its use
and efficacy is a basic foundation in confidence. Confidence and trust are the basis of
the utility and legitimacy of the system. Confidence is crucial to obtaining our consent
to the law's rules, our cooperation with its action and our reliance upon its conclusions.
But confidence is of course also the mechanism of trickery. When it comes to the gath-
ering of information on the way in which we use and interact with information, parti-
cularly in the mining of data associated with social media, the challenges of business
models  associated with the extraction of value in these circumstances might indeed be
in achieving transparency and indeed confidence, rather than the perfection of stealth
(and the attending risk of the loss of users).
   This issue of transparency informs the examination  of data mining in the UK's
higher education institutions, undertaken by Andres Guadamuz  and Diane  Cabell in
this issue. The authors note the need for far more research into licensing strategies
for use and reuse. With greater transparency and confidence  achieved through  the
cooperation in licensing, the reuse of data would become more  legitimate not only
in terms of research policy, but also in terms of contractual constraints.
   Ping Xiong  and Philip Griffith similarly examine a question of confidence, but in
terms of the very action of the law itself. The authors review the development  of
trade secrets protection in China and note the significant relationship with economic
growth.  Confidence,  in this sense, becomes an  asset, a fundamental strategy for
innovation and growth. For the authors, the interesting perspective upon the proprie-
tary concept of trade secrets is not in terms of the subject matter as one of property
versus one of relationships, but rather, the question of State property as distinct from
private.
   Confidence  and trust is also inextricably tied to policy questions of access and
use of both the products  of intellectual property as well as the system itself. An
issue of confidence  and access to the system, as it were, would  not be complete
without further consideration of the Unified Patent Court (UPC)  and the European
Unitary Patent. Erika Ellyne notes the political background to the development  of
the UPC   and the disconcerting lack of transparency  regarding its conclusion. In
terms of confidence  and access to medicines, Sivaramjani  Thambisetty provides  a
comprehensive   and rigorous review of Novartis  v Union of India, which provides
crucial jurisprudence in this international field, where issues of confidence and
trust in the rules and constraints of patent law have characterized international debate
and  discussion. Thambisetty  argues that the Indian Supreme   Court's attempt  to
resolve concerns over trivial secondary pharmaceutical inventions with a patent elig-
ibility route has raised more problems perhaps than it has solved. Finally, confidence,
freedom  and control in an era of constant surveillance and ubiquitous promotion,
whether in terms of our use of information or in our actual participation itself, are artfully
brought together by Paul Torremans in his consideration of Ashby Donald, a significant
moment  in the jurisprudence on control (and copyright) of images and the freedom of
the press.





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