Innovation, competition, standards and intellectual property: policy perspectives from economics and law

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Abstract

The paper identifies the sources of regulatory complexity that lie behind the management of innovation, intellectual property, competition law and technical standard setting processes. It then introduces the remaining papers in the Special Issue. These papers focus on aspects of regulatory complexity in the Australian and New Zealand context. Taken overall the papers suggest that flexible standards of regulation are key to small and medium sized states being able to manage the integrated regulation of innovation, intellectual property, competition law and standard-setting.

Section snippets

The sources of regulatory complexity

Institutions that regulate property rights in information, competition in the marketplace and the setting of technical standards have long histories. The Venetians are generally credited with the first patent statute (1474). Ecclesiastical law and the common law regulated competition in different ways during the medieval period. Regulation of competition by statute came later. Prussia passed a law to restrict the power of guilds in 1811 and in 1890 the US Congress passed the Sherman Act.

The papers

The papers in this volume all examine aspects of the greater regulatory complexity that face governments as they regulate innovation, competition, intellectual property and standard-setting. The institutional and economic context is primarily Australia and New Zealand. Collectively the papers show what is obvious, but also easily overlooked in processes of globalization and harmonization, namely that institutional and economic context do matter. The US is the world’s largest economy while

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