Anselm Kamperman Sanders - Academia.edu (original) (raw)
Papers by Anselm Kamperman Sanders
The convergence of various fields of technology is changing the fabric of society. Big data and d... more The convergence of various fields of technology is changing the fabric of society. Big data and data mining, Internet of Things, artificial intelligence and blockchains are already affecting business models and leading to a social and economic transformations that have been dubbed by the fourth industrial revolution. Focusing on the framework of intellectual property rights, the contributions to this book analyse how the technical background of this massive transformation affects intellectual property law and policy and how intellectual property is likely to change in order to serve the society. Well-known authorities in intellectual property law offer in-depth chapters on the roles in this revolution of such concepts and actualities as the following: ‒ power and role of data as the raw material of the revolution; ‒ artificial inventors and creators; ‒ trade marks in the dimension of avatars and fictional game characters; ‒ concept of inventive step change where the person skilled i...
Georgia State University law review, 2007
Intellectual Property Rights as Obstacles to Legitimate Trade Edited by Christopher Heath, Anselm... more Intellectual Property Rights as Obstacles to Legitimate Trade Edited by Christopher Heath, Anselm Kamperman Sanders and Anke Moerland When does the exercise of intellectual property rights become an unjustified burden to legitimate trade? Cases have arisen where intellectual property rights are conferred, used, or enforced in a manner that arguably impedes trade, both in domestic and international contexts. This groundbreaking book is the first comprehensive assessment of this controversial area of trade law, shedding important new light on the underlying rationales of the TRIPS Agreement. With contributions by both practitioners and academics working in a range of countries, this book considers thorny issues in such areas as the following: - interpretation of “obstacles to legitimate trade” in the context of GATT/ WTO jurisprudence; - separating markets by preventing parallel importation in the context of patents; ‒ geoblocking – territorial separation of digital markets; ‒ using t...
IEEM Series on International Intellectual Property Law, 2019
Intellectual property (IP) rights impact innovation in diverse ways. This book critically analyse... more Intellectual property (IP) rights impact innovation in diverse ways. This book critically analyses whether additional rights beyond patents, trademarks and copyrights are needed to promote innovation. Featuring contributions from thought-leaders in the field of IP, this book examines the check and balances that already exist in the IP system to safeguard innovation and questions to what extent existing IP regimes are capable of catering to new paradigms of innovation and creativity. Taking a multi-angled view of the topic, this book questions whether IP rights by definition encourage innovation and explores the role of exceptions and limitations to IP rights as well as the application of competition law to promote innovation. Chapters analyse diverse topics within the field of IP such as plant varieties protection, geographical indications and 3D printing. Taken as a whole this book advocates that a pro-innovation rationale must be applied when new IP legislation is designed. This book will be an engaging source of information for researchers and policy-makers with an interest in the direction of IP legislation and the promotion of innovation. It will also be relevant for scholars of competition law who are seeking information on the relationship between competition and IP.
Law, Innovation and Technology, 2022
ABSTRACT This article seeks to address the impact of digitisation of the agricultural market in a... more ABSTRACT This article seeks to address the impact of digitisation of the agricultural market in assessing the market definitions in the context of potential harm to competition in this sector. In doing so, the emphasis will be on the role of trust, frontier technologies, and intellectual property in this market and the article asks the question how the transfer, processing, and analytics of data can be made broadly accessible to all stakeholders, while assessing regulation on the basis of competition law and the law against unfair competition.
The Department of Economic and Social Affairs of the United Nations Secretariat (UN/DESA) is a vi... more The Department of Economic and Social Affairs of the United Nations Secretariat (UN/DESA) is a vital interface between global policies in the economic, social and environmental spheres and national action. The Department’s mission is to promote and support international cooperation in the pursuit of sustainable development for all. Its work is guided by the universal and transformative 2030 Agenda for Sustainable Development, along with a set of 17 integrated Sustainable Development Goals adopted by the United Nations General Assembly. UN/DESA’s work addresses a range of cross-cutting issues that affect peoples’ lives and livelihoods, such as social policy, poverty eradication, employment, social inclusion, inequalities, population, indigenous rights, macroeconomic policy, development finance and cooperation, public sector innovation, forest policy, climate change and sustainable development. To this end, UN/DESA: analyses, generates and compiles a wide range of data and information...
On September 23, 1912, the Dutch Copyright Act - Auteurswet - was enacted. A century after its en... more On September 23, 1912, the Dutch Copyright Act - Auteurswet - was enacted. A century after its enactment the Dutch law is one of the world's oldest 'living' acts of the author's rights tradition. While the Act has seen many small and large amendments since its adoption in 1912, it has never been thoroughly revised, so its conception and basic structure have remained essentially intact. This book celebrates the hundredth anniversary of the Dutch Act. It traces and assesses, for an international readership, the development of Dutch copyright law since its codification in 1912 until today. The book focuses on the interesting or even unique features of Dutch copyright law, with a view to the on-going harmonization of copyright law in the European Union, and possible future unification. What can Europe or the world at large learn from a century of Dutch copyright law, jurisprudence and doctrine? What solutions might inspire the European legislature or law makers elsewhere in the world? What mistakes are better to be avoided? Sixteen scholars on Dutch copyright have written extensive papers on distinct aspects of the Dutch Act, focussing on the characteristic elements of the Dutch Act from an international perspective. The book also contains an English translation of the Dutch Copyright Act.
International Trade eJournal, 2011
The ACTA was motivated by a desire to establish equivalent provisions in international trade agre... more The ACTA was motivated by a desire to establish equivalent provisions in international trade agreements containing rules on anti-counterfeiting. This is important at a time when free trade agreements are being negotiated by different parties. For the European Union it is also of importance to protect EU intellectual property rights (IPR) as future EU competitiveness depends on its ability to move into higher value added activities such as those for which IPRs are important. At the same time international agreements on IPRs will only be sustainable when they have the support of all parties. Within the EU the ACTA has also been the source of some concerns regarding the non-transparent way it was negotiated and whether it meets to aims agreed by the European Parliament and Commission that it would be compatible with the existing acquis communautaire and the World Trade Organisation’s Trade Related intellectual Property rights (TRIPs) Agreement.
Introduction 1. Unfair Competition, Its Legal Basis 2. Making the General Clause Specific 3. The ... more Introduction 1. Unfair Competition, Its Legal Basis 2. Making the General Clause Specific 3. The Economics of Preemption and the Abuse of a Dominant Position 4. Shaping a New Action Malign Competition 5. Cognisance in Malign Competition 6. Cognisance in Intellectual Property Law 7. Malign Competition: Action and Remedy Conclusion
The book provides the reader with a complete picture of international and regional developments i... more The book provides the reader with a complete picture of international and regional developments in the area of biotechnology, plant variety protection and patent protection (these topics feature very prominently in the current discussion on the future direction of the TRIPs Agreement), as well as the scope of the patent right in respect of claims of invention and research and development and places these developments in the context of international trade and enforcement mechanism that members of the WTO are required to incorporate. Heath and Sanders give an outlook on possible future development, and mechanisms for the protection of incremental innovation that are feasible for developing countries and small industries. The book therefore covers the edges of the current IP system (with plant varieties and utility models) as well as the more 'mainstream' discussion in the developed nations. All topics are of international relevancy, while they are also of relevance and interes...
SSRN Electronic Journal, 2006
... nl Page 2. II Liability for Automated Information Systems The formulation of uniform rules de... more ... nl Page 2. II Liability for Automated Information Systems The formulation of uniform rules dealing with civil liability for automated information systems Prof. mr AnselmKamperman Sanders PhD (Lond.) Page 3. III Preface This ...
Restoring Trust in Trade, 2019
Intellectual Property as a Complex Adaptive System, 2021
This chapter discusses the common angle to all contributions of this book. All share the understa... more This chapter discusses the common angle to all contributions of this book. All share the understanding that intellectual property (IP) must be treated as a complex adaptive system (CAS). We examine IP structures, collaborations, distribution models and law-making in order to show the complex and interdependent relationships in which IP operates. This focus on IP as a complex adaptive system is necessary in order to address the problem of the "Valley of Death": many inventions developed in the laboratory or research institutes are not brought to the market, arguably due to the complex relationships that lie at the heart of innovation. We discuss complex adaptive systems as applied to IP and the phenomenon of the "Valley of Death" as the embedding of the following chapters. 1.1 COMPLEX ADAPTIVE SYSTEMS Mitchell has defined CAS as "a system in which large networks of components with no central control and simple rules of operation give rise to complex collective behavior, sophisticated information processing, and adaptation via learning or evolution". 1 In other words, these systems consist of 1) many heterogeneous agents who interact with and learn from each other. This 2) leads to adaptation over time, in order to improve their performance. 2 The interaction and adaptation 3) leads to self-organized collective behaviour which 4) is not controlled through any external party. 3 We call a system complex when understanding the behaviour of each agent individually does not mean one understands the system as a whole. 4 That is 1
Kamperman Sanders, A., Bostyn, S., Iserentant, H., Sattler de Sousa eBrito, C., Taormino, J., Far... more Kamperman Sanders, A., Bostyn, S., Iserentant, H., Sattler de Sousa eBrito, C., Taormino, J., Farquharson, A., Jacob, R., Knuth Lethola, S., Pereira, G., Puigdomènech, P., Schneider, I., Czörgö, S., Then, C., Würtz Lindum, P., & Yates, S. (2016). Final Report of the Expert Group on the development and implications of patent law in the field of biotechnology and genetic engineering. European Commission.
The convergence of various fields of technology is changing the fabric of society. Big data and d... more The convergence of various fields of technology is changing the fabric of society. Big data and data mining, Internet of Things, artificial intelligence and blockchains are already affecting business models and leading to a social and economic transformations that have been dubbed by the fourth industrial revolution. Focusing on the framework of intellectual property rights, the contributions to this book analyse how the technical background of this massive transformation affects intellectual property law and policy and how intellectual property is likely to change in order to serve the society. Well-known authorities in intellectual property law offer in-depth chapters on the roles in this revolution of such concepts and actualities as the following: ‒ power and role of data as the raw material of the revolution; ‒ artificial inventors and creators; ‒ trade marks in the dimension of avatars and fictional game characters; ‒ concept of inventive step change where the person skilled i...
Georgia State University law review, 2007
Intellectual Property Rights as Obstacles to Legitimate Trade Edited by Christopher Heath, Anselm... more Intellectual Property Rights as Obstacles to Legitimate Trade Edited by Christopher Heath, Anselm Kamperman Sanders and Anke Moerland When does the exercise of intellectual property rights become an unjustified burden to legitimate trade? Cases have arisen where intellectual property rights are conferred, used, or enforced in a manner that arguably impedes trade, both in domestic and international contexts. This groundbreaking book is the first comprehensive assessment of this controversial area of trade law, shedding important new light on the underlying rationales of the TRIPS Agreement. With contributions by both practitioners and academics working in a range of countries, this book considers thorny issues in such areas as the following: - interpretation of “obstacles to legitimate trade” in the context of GATT/ WTO jurisprudence; - separating markets by preventing parallel importation in the context of patents; ‒ geoblocking – territorial separation of digital markets; ‒ using t...
IEEM Series on International Intellectual Property Law, 2019
Intellectual property (IP) rights impact innovation in diverse ways. This book critically analyse... more Intellectual property (IP) rights impact innovation in diverse ways. This book critically analyses whether additional rights beyond patents, trademarks and copyrights are needed to promote innovation. Featuring contributions from thought-leaders in the field of IP, this book examines the check and balances that already exist in the IP system to safeguard innovation and questions to what extent existing IP regimes are capable of catering to new paradigms of innovation and creativity. Taking a multi-angled view of the topic, this book questions whether IP rights by definition encourage innovation and explores the role of exceptions and limitations to IP rights as well as the application of competition law to promote innovation. Chapters analyse diverse topics within the field of IP such as plant varieties protection, geographical indications and 3D printing. Taken as a whole this book advocates that a pro-innovation rationale must be applied when new IP legislation is designed. This book will be an engaging source of information for researchers and policy-makers with an interest in the direction of IP legislation and the promotion of innovation. It will also be relevant for scholars of competition law who are seeking information on the relationship between competition and IP.
Law, Innovation and Technology, 2022
ABSTRACT This article seeks to address the impact of digitisation of the agricultural market in a... more ABSTRACT This article seeks to address the impact of digitisation of the agricultural market in assessing the market definitions in the context of potential harm to competition in this sector. In doing so, the emphasis will be on the role of trust, frontier technologies, and intellectual property in this market and the article asks the question how the transfer, processing, and analytics of data can be made broadly accessible to all stakeholders, while assessing regulation on the basis of competition law and the law against unfair competition.
The Department of Economic and Social Affairs of the United Nations Secretariat (UN/DESA) is a vi... more The Department of Economic and Social Affairs of the United Nations Secretariat (UN/DESA) is a vital interface between global policies in the economic, social and environmental spheres and national action. The Department’s mission is to promote and support international cooperation in the pursuit of sustainable development for all. Its work is guided by the universal and transformative 2030 Agenda for Sustainable Development, along with a set of 17 integrated Sustainable Development Goals adopted by the United Nations General Assembly. UN/DESA’s work addresses a range of cross-cutting issues that affect peoples’ lives and livelihoods, such as social policy, poverty eradication, employment, social inclusion, inequalities, population, indigenous rights, macroeconomic policy, development finance and cooperation, public sector innovation, forest policy, climate change and sustainable development. To this end, UN/DESA: analyses, generates and compiles a wide range of data and information...
On September 23, 1912, the Dutch Copyright Act - Auteurswet - was enacted. A century after its en... more On September 23, 1912, the Dutch Copyright Act - Auteurswet - was enacted. A century after its enactment the Dutch law is one of the world's oldest 'living' acts of the author's rights tradition. While the Act has seen many small and large amendments since its adoption in 1912, it has never been thoroughly revised, so its conception and basic structure have remained essentially intact. This book celebrates the hundredth anniversary of the Dutch Act. It traces and assesses, for an international readership, the development of Dutch copyright law since its codification in 1912 until today. The book focuses on the interesting or even unique features of Dutch copyright law, with a view to the on-going harmonization of copyright law in the European Union, and possible future unification. What can Europe or the world at large learn from a century of Dutch copyright law, jurisprudence and doctrine? What solutions might inspire the European legislature or law makers elsewhere in the world? What mistakes are better to be avoided? Sixteen scholars on Dutch copyright have written extensive papers on distinct aspects of the Dutch Act, focussing on the characteristic elements of the Dutch Act from an international perspective. The book also contains an English translation of the Dutch Copyright Act.
International Trade eJournal, 2011
The ACTA was motivated by a desire to establish equivalent provisions in international trade agre... more The ACTA was motivated by a desire to establish equivalent provisions in international trade agreements containing rules on anti-counterfeiting. This is important at a time when free trade agreements are being negotiated by different parties. For the European Union it is also of importance to protect EU intellectual property rights (IPR) as future EU competitiveness depends on its ability to move into higher value added activities such as those for which IPRs are important. At the same time international agreements on IPRs will only be sustainable when they have the support of all parties. Within the EU the ACTA has also been the source of some concerns regarding the non-transparent way it was negotiated and whether it meets to aims agreed by the European Parliament and Commission that it would be compatible with the existing acquis communautaire and the World Trade Organisation’s Trade Related intellectual Property rights (TRIPs) Agreement.
Introduction 1. Unfair Competition, Its Legal Basis 2. Making the General Clause Specific 3. The ... more Introduction 1. Unfair Competition, Its Legal Basis 2. Making the General Clause Specific 3. The Economics of Preemption and the Abuse of a Dominant Position 4. Shaping a New Action Malign Competition 5. Cognisance in Malign Competition 6. Cognisance in Intellectual Property Law 7. Malign Competition: Action and Remedy Conclusion
The book provides the reader with a complete picture of international and regional developments i... more The book provides the reader with a complete picture of international and regional developments in the area of biotechnology, plant variety protection and patent protection (these topics feature very prominently in the current discussion on the future direction of the TRIPs Agreement), as well as the scope of the patent right in respect of claims of invention and research and development and places these developments in the context of international trade and enforcement mechanism that members of the WTO are required to incorporate. Heath and Sanders give an outlook on possible future development, and mechanisms for the protection of incremental innovation that are feasible for developing countries and small industries. The book therefore covers the edges of the current IP system (with plant varieties and utility models) as well as the more 'mainstream' discussion in the developed nations. All topics are of international relevancy, while they are also of relevance and interes...
SSRN Electronic Journal, 2006
... nl Page 2. II Liability for Automated Information Systems The formulation of uniform rules de... more ... nl Page 2. II Liability for Automated Information Systems The formulation of uniform rules dealing with civil liability for automated information systems Prof. mr AnselmKamperman Sanders PhD (Lond.) Page 3. III Preface This ...
Restoring Trust in Trade, 2019
Intellectual Property as a Complex Adaptive System, 2021
This chapter discusses the common angle to all contributions of this book. All share the understa... more This chapter discusses the common angle to all contributions of this book. All share the understanding that intellectual property (IP) must be treated as a complex adaptive system (CAS). We examine IP structures, collaborations, distribution models and law-making in order to show the complex and interdependent relationships in which IP operates. This focus on IP as a complex adaptive system is necessary in order to address the problem of the "Valley of Death": many inventions developed in the laboratory or research institutes are not brought to the market, arguably due to the complex relationships that lie at the heart of innovation. We discuss complex adaptive systems as applied to IP and the phenomenon of the "Valley of Death" as the embedding of the following chapters. 1.1 COMPLEX ADAPTIVE SYSTEMS Mitchell has defined CAS as "a system in which large networks of components with no central control and simple rules of operation give rise to complex collective behavior, sophisticated information processing, and adaptation via learning or evolution". 1 In other words, these systems consist of 1) many heterogeneous agents who interact with and learn from each other. This 2) leads to adaptation over time, in order to improve their performance. 2 The interaction and adaptation 3) leads to self-organized collective behaviour which 4) is not controlled through any external party. 3 We call a system complex when understanding the behaviour of each agent individually does not mean one understands the system as a whole. 4 That is 1
Kamperman Sanders, A., Bostyn, S., Iserentant, H., Sattler de Sousa eBrito, C., Taormino, J., Far... more Kamperman Sanders, A., Bostyn, S., Iserentant, H., Sattler de Sousa eBrito, C., Taormino, J., Farquharson, A., Jacob, R., Knuth Lethola, S., Pereira, G., Puigdomènech, P., Schneider, I., Czörgö, S., Then, C., Würtz Lindum, P., & Yates, S. (2016). Final Report of the Expert Group on the development and implications of patent law in the field of biotechnology and genetic engineering. European Commission.