Designing a Dynamic IP System Professor Andrew F. Christie Chair of Intellectual Property Melbourne Law School

Features of a Dynamic (i.e. Complex) System Open Nested Memory Non-linear Feedback loops Emergent organization Cascading failures source: Wikipedia

Features of a Dynamic (i.e. Complex) System Open – not closed (i.e. not self-contained) Nested – components may themselves be complex Memory – prior states influence present states Non-linear – output not directly proportional to input Feedback loops – dampening and amplifying Emergent organization – larger entities arise through interactions among smaller entities Cascading failures – failure in one or more components can cascade, with catastrophic consequences on the functioning of the system!! source: Wikipedia

Example of a Dynamic (i.e. Complex) System source: Lilik Soetiarso (2010)

Technological Societal Regulatory Dynamic IP System (Simplified) IP System

Technological Factors (Copyright) source: modified from Institute of Intellectual Property (Japan, 1994)

Societal Factors (Copyright)

Regulatory Factors (Copyright)

Exponential Growth in Copyright Regulation Australian Copyright regulation Volume of legislation and inquiries:

Not all Copyright Legislation is the Same AU Copyright Act US Copyright Act 2.1kg 0.8kg

Technological Societal Regulatory Designing a Dynamic IP System IP System

Technological Societal Regulatory Designing Regulation for λ a Dynamic IP System IP System

Regulatory Design - Learnings from Economics source: dreamstime.com X

Key Regulatory Design Issues Regulatory response to technological factors neutrality v. specificity Regulatory response to societal factors rights v. exceptions Regulatory response to regulatory factors certainty v. flexibility

Key Regulatory Design Issues Regulatory response to: technological factors = neutrality v. specificity societal factors = rights v. exceptions regulatory factors = certainty v. flexibility

Neutrality v. Specificity (Technological) Neutrality Specificity Rights Excepts Rights Flex. Cert. Flex.

Rights v. Exceptions Rights Exceptions Neut. Spec. Neut. Cert. Flex. Cert.

Certainty v. Flexibility Certainty Flexibility Spec. Neut. Spec. Rights Excepts Rights