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We, that is Sigrid Quack, Konstantin Hondros, Katharina Zangerle and I, proudly present the article “Between Anxiety and Hope? How Actors Experience Regulatory Uncertainty in Creative Processes in Music and Pharmy”, which has recently been published in “Research in the Sociology of Organizations” (RSO) as part of a volume on “Organizing Creativity in the Innovation Journey”. Check out the abstract below:

Uncertainty about Intellectual Property Regulations (IPR) is prevalent in today’s knowledge-based and creative industries. While prior literature indicates that regulatory uncertainty affects creative processes, studies that systematically analyze the effects of IPR on the experiencing of involved actors in creative processes across fields are rare. We ask how core professional actor groups including creators, legal professionals and managers involved in creative processes experience regulatory uncertainty in the fields of music and pharma. By studying practices of engaging with, circumventing and avoiding regulatory uncertainty about IPR, we show how creative processes in both the music and pharma fields are entrenched with emotional-cognitive experiences such as anxiety, indifference and hope that vary by professional group. Our findings point toward managers and legal professionals observing, exposing and cultivating emotions by ascribing experiences to other actor groups. We conclude that comparing regulation-related emotions of involved actors across fields helps to develop a deeper understanding of the dynamics of creative processes.

In case you or your institution does not have access to RSO please do not hesitate to contact me so I can send you a copy of our article.

(Image, CC0)

This post is provided by Konstantin Hondros, post-doctoral researcher at University of Duisburg-Essen in the DFG-funded research project “Organizing Creativity under Regulatory Uncertainty: Alternative Approaches to Intellectual Property”.

Though “alternative” (both as an adjective and a noun) has widespread meaning in contemporary society, it is not generally clear, what constitutes and conveys something to be (an) “alternative”. This blogpost’s goal is to offer a more nuanced understanding of the concept and ask how this can guide the use of “alternative” as an analytical lens. To begin with, I give an etymological account, then I look at “alternatives” in philosophy and its significance for epistemology, finally, I describe how social sciences make use of “alternative” in an evaluative manner. While from a philosophical perspective, “alternative” is rather a logical operator, in the social sciences “alternative” evaluates institutions, practices, or beliefs. This evaluative use can be either positive and empowering, ambivalent and skeptical, or even negative and destabilizing. I argue that it is this umbrella-term’s multi-facetted and evaluative nature that makes it analytically fruitful for social sciences.

I thus develop the concept of alternative mainly for practical reasons. Our recently kicked-off DFG-funded project Organizing Creativity under Regulatory Uncertainty: Alternative Approaches to Intellectual Property pursues “alternatives” empirically. We take a closer look at how creative processes unfold when intellectual property (IP) is approached “alternatively” and what obstacles and uncertainties these processes encounter. We compare alternatives to the IP-regulations copyright and patent law with case studies from the music economy and the pharmaceutical industries. Differentiating “ alternatives” will inform our methodological and analytical proceeding as it will give as clearer picture of what we are actually dealing with empirically.

Read the rest of this entry »

Over at the Käte Hamburger Kolleg / Centre for Global Cooperation Research, we have recently launched Cooperadio – The Global Cooperation Podcast. In its most recent episode on “Patents, Profits & Pandemics”, I had the honor and pleasure to host intellectual property scholar Susan Sell, who echoes a growing consensus that our intellectual property regime, that is so essential for 21st century intellectual monopoly capitalism, is hampering global health outcomes – not just in the current pandemic.

Together, we addressed questions such as the following:

  • While in regions like Europe and North America national vaccination campaigns have been picking up speed over the past months, the less well-off majority of the world has seen little to no vaccine supplies.
  • Why does it have to be like that?
  • Is there a moral obligation to make health innovations easily available globally?
  • What about the intellectual property rights of the researchers and creators of these innovations, should they not profit from their work?

Check it out!

(sigrid)

The Covid-19 pandemic is, without doubt, one of the biggest societal challenges of our times. Since its outbreak in December 2019, more than 3 million people died due to or with a Covid-19 infection. The pandemic hits the world with disastrous side effects such as economies suffering from recurrent or constant lockdowns, children who can’t go to school, or rising case numbers of mentally ill people. The most promising solution to stop the pandemic: vaccination.

In December 2020, the first person got vaccinated with the officially authorized Pfizer/BioNTech mRNA vaccine “COMIRNATY” in UK and Russia started mass vaccination with the vaccine “Sputnik V”. Shortly after, other big pharmaceutical companies such as Moderna, Astrazeneca, Sinovac, or Johnson & Johnson managed to get marketing authorizations for their vaccines. However, the vaccination campaigns proceed slower than expected: the demand for vaccines exceeds the production capacities of the pharma companies. Further, vaccines are not globally distributed at comparable rates. Unequal access to vaccines is not just a matter of injustice but imbalances also increase the risk of mutations developing in non-vaccinated countries.

Overview of vaccination rates by April 28th, 2021 (the darker the more people got vaccinated)
Source: https://www.nytimes.com/interactive/2021/world/covid-vaccinations-tracker.html

In January 2021, WHO Director-General Tedros Adhanom Ghebreyesus described the imbalance of vaccine distribution as “a catastrophic moral failure” and asked countries of the Global North to lift intellectual property protections so that countries around the world could produce vaccines. Similarly, the People’s Vaccine Alliance proposes offering the Covid-19 vaccine as a common good:

Our best chance of all staying safe is to ensure a COVID-19 vaccine is available for all as a global common good. This will only be possible with a transformation in how vaccines are produced and distributed — pharmaceutical corporations must allow the COVID-19 vaccines to be produced as widely as possible by sharing their knowledge free from patents.
Instead they are protecting their monopolies and putting up barriers to restrict production and drive up prices, leaving us all in danger. No one company can produce enough for the whole world. So long as vaccine solutions are kept under lock and key, there won’t be enough to go around. We need a People’s Vaccine, not a profit vaccine.

https://peoplesvaccine.org

This raises the question of this blog post: wouldn’t it be possible to organize the development of an open source vaccine that could be produced and distributed all over the world? Fortunately, media articles and governmental statements provide us with a rich bunch of arguments, why this is not an option. Let’s have a look at those.

Read the rest of this entry »

March 12-15, 2019, Freie Universität Berlin, Germany

Creativity is one of the key concepts, yet among the most slippery ones of present-day Western societies. Today, the call for creativity spans far beyond typically “creative” fields and industries towards becoming a universal social norm. Creative processes, however, are fundamentally surrounded by uncertainty. It is difficult to know ex-ante what will become a creative idea and, due to its destructive force, it is also highly contested. This inherent uncertainty associated with creativity thus spills over to other social spheres, too.
The DFG-funded Research Unit “Organized Creativity” is studying creative processes in music and pharmaceuticals – as representatives for creativity in the arts and in the sciences. The goal of the unit is to understand in greater depth those practices of inducing and coping with uncertainty which are employed by various actors involved in creative processes.

Target Group
The Spring School provides space for exchange between advanced doctoral students, early postdocs and several senior scholars that do research on creativity either in the context of innovation research or in the fields of business and management studies, economic geography, psychology or sociology. Combining lectures from renowned scholars (Prof. Dr. Dr. Karin Knorr Cetina, Prof. David Stark, Ph.D., Prof. Dr. Gernot Grabher, Prof. Dr. Elke Schüßler, Prof. Dr. Jörg Sydow) with the presentation, discussion and development of individual papers, this call invites advanced doctoral students and early postdocs from all disciplines concerned with creativity and uncertainty to join our discussion in Berlin. The working language will be English. Read the rest of this entry »

Indiana farmer Vernon Bowman wears Monsanto cap: irony or admiration?
Photo by Dan Charles, NPR
 

The man in the picture above is a self-proclaimed fan of Monsanto Company’s genetically engineered soybeans. In fact, every year until 2007 Vernon Hugh Bowman – a 75-year-old farmer from Indiana – purchased Monsanto’s Roundup-Ready soy seeds (RR) from a licensed retailer in order to plant his crop of soy. RR is a type of genetically modified seed that has in-plant resistance to glyphosate, the active ingredient in Monsanto’s Roundup herbicides. This means RR soy crops can be sprayed with Roundup weed-killers without any damage being done to the soy.

But despite his loyalty and admiration, in 2007 Bowman was sued by Monsanto for patent infringement, and the farmer has taken on a legal dispute that recently reached the U.S. Supreme Court. The case revolves around whether Monsanto’s patent over RR soybeans grants it control over the reproduction of second-generation seeds. But from a broader perspective it raises the question of what institutional framework is most desirable for regulating the scope of patent rights and points to the tension between protecting competitive markets and promoting innovation through patents. Moreover, it brings to the public sphere discussions concerning transformations of the farming sector resulting from the privatization of its basic input – seeds. Read the rest of this entry »

In the light of the ongoing patent war – most prominently the series of Apple v. Samsung lawsuits – in the smartphone and tablet computer industry (see also “The Power of Patents“), the current patent system has garnered harsh criticism. In a lenghty piece in the New York Times, Charles Duhigg and Steve Lohr criticize that “[i]n the smartphone industry alone, according to a Stanford University analysis, as much as $20 billion was spent on patent litigation and patent purchases in the last two years” and summarize the situation as follows:

[M]any people argue that the nation’s patent rules, intended for a mechanical world, are inadequate in today’s digital marketplace. Unlike patents for new drug formulas, patents on software often effectively grant ownership of concepts, rather than tangible creations. Today, the patent office routinely approves patents that describe vague algorithms or business methods, like a software system for calculating online prices, without patent examiners demanding specifics about how those calculations occur or how the software operates.

On his blog, economist and US Court of Appeals judge Richard A. Posner takes the same line, expressing concerns that “both patent and copyright protection, though particularly the former, may be excessive”: Read the rest of this entry »

Two weeks ago the First Berlin Symposium on Internet and Society took place in Berlin, celebrating the opening of the Alexander von Humboldt Institute for Internet and Society. Specifically for this event I had prepared a paper on “The Digital Public Domain: Relevance and Regulation” (SSRN), which was presented and then commented upon by Juan Carlos de Martin and Felix Stalder. Both provided very thoughtful criticsm and extensions to the paper, introducing an overall discussion that was very constructive and focused on the issues tackled in the paper.

While I have not managed to blog about the workshop so far, Anne-Catherine Lorrain from the COMMUNIA Association has now provided an extensive summary. There  she documents why mapping the public domain empirically is a worthwhile exercise:

The empirical mapping of the public domain should help identifying more precisely the economic relevance of the public domain. The regulation framework applying to the public domain can produce some direct effects on the economy, and more particularly on innovation. As a matter of fact, businesses can suffer genuine legal uncertainty when it comes to identify what is protected by IP rights and what is not. The positive economic impact of content being in the public domain is sometimes already acknowledged in practice. For instance, some patent rights holders can decide to donate patentable inventions in order to create a pre-competitive market. Like the “adjustment process” (Schumpeter), the utility of the public domain to improve competition should be demonstrated, although the question about how this aspect should be echoed within legislation remains.

Besides, her summary features the pink sky over Berlin towards the end of the workshop:

Pink sunset on the Spree behind the Public Domain session speakers from left to right Martin Kretschmer, Leonhard Dobusch, Felix Stadler, Juan Carlos De Martin; picture: Anne-Catherine Lorrain

 I can only thank Anne-Catherine very much for providing this great summary and endorse reading the whole transcript.

(leonhard)

Today, Google announced its acquisition of Motorola Mobility for not less than $12.5 billion in cash. And I completely agree with Forbes’ contributor Eric Jackson, who states that

Androids

Saad Irfan, CC BY-NC-ND

[i]f you think this is about Google getting into the handset business, think again. If Google were to get into the handset business, they would turn their back on partners like HTC, Samsung and others.
Today’s deal is all about acquiring Motorola’s backlog of mobile-related patents. When Google lost out on the batch of Nortel patents, they worried that Android was significantly at risk.

A risk stemming from the fact that, in spite of developing Android under an open source license, powerful patent holders such as Microsoft were able to squeeze out licensing fees from corporate Android users. The bizarre result being that Google, the main developer of Android, gives away its contributions to the operating system for free while its not-contributing competitor Microsoft charged hardware producer HTC $5 for any shipped Android (!) smartphone (see business insider). Read the rest of this entry »

As mentioned in my last post, this summer I am visiting the WZB to work on a paper about the digital public domain. Rifling through a huge pile of papers on the issue, I recently stumbled across Robert P. Merges’ 2004 essay “A New Dynamism in the Public Domain” (PDF) – and I really regret not having read this piece much earlier. He summarizes the main point of his paper as follows:

The simple point of this Essay is that these investments are invigorating the public domain with a new dynamism stemming from private action. These investments demonstrate that private action, and not just government policy, can augment the public domain. (p. 184)

Such private investments into the public domain, Merges argues, are inspired by the very expansions of intellectual property rights they seek to counteract: Read the rest of this entry »

The Book

Governance across borders: transnational fields and transversal themes. Leonhard Dobusch, Philip Mader and Sigrid Quack (eds.), 2013, epubli publishers.
October 2021
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All texts on governance across borders are licensed under a Creative Commons Attribution-Share Alike 3.0 Germany License.