Fighting disease, combating hunger, preserving the balance of life on Earth: the future of biotechnological innovation may well be the future of our planet itself. And yet the vexed state of intellectual property law—a proliferation of ever more complex rights governing research and development—is complicating this future. At a similar point in the development of information technology, “open source” software revolutionized the field, simultaneously encouraging innovation and transforming markets. The question that Janet Hope explores in Biobazaar is: can the open source approach do for biotechnology what it has done for information technology? Her book is the first sustained and systematic inquiry into the application of open source principles to the life sciences.

The appeal of the open source approach—famously likened to a “bazaar,” in contrast to the more traditional “cathedral” style of technology development—lies in its safeguarding of community access to proprietary tools without discouraging valuable commercial participation. Traversing disciplinary boundaries, Hope presents a careful analysis of intellectual property-related challenges confronting the biotechnology industry and then paints a detailed picture of “open source biotechnology” as a possible solution. With insights drawn from interviews with Nobel Prize–winning scientists and leaders of the free and open source software movement—as well as company executives, international policymakers, licensing experts, and industry analysts—her book suggests that open source biotechnology is both desirable and broadly feasible—and, in many ways, merely awaiting its moment.

Alexander Graham Bell’s invention of the telephone in 1876 stands as one of the great touchstones of American technological achievement. Bringing a new perspective to this history, Invented by Law examines the legal battles that raged over Bell’s telephone patent, likely the most consequential patent right ever granted. To a surprising extent, Christopher Beauchamp shows, the telephone was as much a creation of American law as of scientific innovation.

Beauchamp reconstructs the world of nineteenth-century patent law, replete with inventors, capitalists, and charlatans, where rival claimants and political maneuvering loomed large in the contests that erupted over new technologies. He challenges the popular myth of Bell as the telephone’s sole inventor, exposing that story’s origins in the arguments advanced by Bell’s lawyers. More than anyone else, it was the courts that anointed Bell father of the telephone, granting him a patent monopoly that decisively shaped the American telecommunications industry for a century to come. Beauchamp investigates the sources of Bell’s legal primacy in the United States, and looks across the Atlantic, to Britain, to consider how another legal system handled the same technology in very different ways.

Exploring complex questions of ownership and legal power raised by the invention of important new technologies, Invented by Law recovers a forgotten history with wide relevance for today’s patent crisis.

Lawyers and corporations have a vital interest in the regulation and protection of industrial property—patents, designs, trademarks, trade names, and repression of unfair competition—and in the problems raised by agreements between enterprises, nationally and internationally. Since World War II, there has been increasing ferment for changes in the whole system of industrial property. Pressures have been building up from administrations concerned with the functioning of the patent and trademark system; from private enterprises affected by delays, costs, and insecurities of the system; from developing countries anxious to receive and adapt foreign technology at reasonable cost and without excessive restriction; and from the increasing tendency of antitrust law to curb even legal monopolies in order to ensure free competition.

This major work describes the national and international regime of patents, trademarks, technological know-how, and related rights of industrial property; the conflicting interests and demands for recognition and satisfaction in this field; the international efforts and arrangements achieved for harmonization of law and procedure; the problems involved in the transfer of technology for the technical and economic development of countries pressing for assistance; and the controls established by statutory and decisional law against restriction of competition by the exercise of industrial property rights.