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Record W1516498904

Leveraging Knowledge Assets: Can Law Reform Help?

2005· article· en· W1516498904 on OpenAlexaffabout
Margaret Ann Wilkinson, Mark Perry

Bibliographic record

VenueeYLS (Yale Law School) · 2005
Typearticle
Languageen
FieldSocial Sciences
TopicLegal Education and Practice Innovations
Canadian institutionsWestern University
Fundersnot available
KeywordsIntellectual propertyCommissionBusinessIntervention (counseling)Law reformLaw and economicsLawPolitical sciencePublic relationsEconomics
DOInot available

Abstract

fetched live from OpenAlex

This paper asks whether there is a need for law-makers to aid in the efficient transition to a new knowledge-based economic and social environment through the use of intellectual property devices. The use of such devices was effective in assisting with the transition to an industrial society that, combined with developments in commercial law and secured transactions, further fuelled economic growth in Canada. Can these disparate areas of law be brought together to provide opportunities for the growth of knowledge-based business? The Law Commission of Canada instigated a two-part investigation into these questions. The investigation culminated in the Commission's report Leveraging Knowledge Assets: Reducing Uncertainty for Security Interests in Intellectual Property (2004). This article describes the process of the investigation undertakend by the Commission and more particularly describes the results of the first branch of the enquiry, which was a three-part empirical study seeking to establish whether legal intervention into harmonizing the law of secured transactions and intellectual property law is warranted from the business perspective. Results of the first empirical branch of the enquiry, a pilot survey of business people and their legal advisors, the second branch, a national teleconference consulting business leaders, and the third branch, a feedback consultation session with conference attendees, are reported against the backdrop of the Commission's subsequent report. It appears that the traditional devices of intellectual property are not adequately serving emerging business needs around knowledge assets. However, it seems to be too simplistic to characterize these inadequacies as exclusively, or even directly, related to the relationship between the law of secured transactions and intellectual property devices. Reactions from study participants in business suggest caution in undertaking law reform in this area - cognizant of changing the current balancing of interests in the knowledge-based business section. The Law Commission's report may serve as a catalyst for an emerging dialogue between legal experts from different fields of law but further direct consultation with the business community they serve appears to be necessary before changes are implemented.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame distilled prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.

metaresearch head score (Codex)0.001
metaresearch head score (Gemma)0.000
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesScience and technology studies, Insufficient payload (model declined to judge)
Consensus categoriesInsufficient payload (model declined to judge)
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Not applicable · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: none
Teacher disagreement score0.974
Threshold uncertainty score1.000

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0010.000
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.001
Science and technology studies0.0010.000
Scholarly communication0.0000.002
Open science0.0000.000
Research integrity0.0000.001
Insufficient payload (model declined to judge)0.0030.002

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.041
GPT teacher head0.350
Teacher spread0.309 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; both teacher heads agree on what is shown here.

Study designNot applicable
Domainnot available
GenreEmpirical

How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".

Quick stats

Citations1
Published2005
Admission routes2
Has abstractyes

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