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Intellectual property and autonomous vehicles in a gridlock economy. A Submission to the House of Representatives Standing Committee on Industry, Innovation, and Science and Resource's inquiry into the social issues relating to land-based driveless vehicles in Australia
(2017)
Abstract
For emerging technologies such as autonomous vehicles, it is important that the patent system promote high-quality innovation and competition policy. Academic researchers such as Professor Michael Heller and Professor Rebecca Eisenberg have discussed the problem of the ‘tragedy of the anticommons’ and the ‘gridlock economy’. There are also a number of policy responses to trying to address the problem of patent thickets, generally, and, perhaps specifically, in respect of autonomous vehicles. The option of patent pools have been used to resolve the problem of fragmented, overlapping patent rights in certain crowded markets. Cross-licensing can be used in certain circumstances. Public licensing is helpful in respect of inventions, in which there has been public funding. Compulsory licensing can be used to provide access to key inventions – in return for compensation to the patent holder. Competition law and antitrust law can also be invoked in certain exceptional circumstances in which there has been an abuse of intellectual property rights.
Keywords
- Intellectual property,
- autonomous vehicles,
- self-driving cars,
- patent law,
- gridlock economy,
- driverless cars,
- innovation law and policy
Disciplines
Publication Date
February, 2017
Comments
Matthew Rimmer, ‘Appearance before the House of Representatives Standing Committee on Industry, Innovation, Science and Resources Inquiry into Social Issues Relating to Land-Based Driverless Vehicles in Australia’, 3 May 2017, http://www.aph.gov.au/Parliamentary_Business/Committees/House/Industry_Innovation_Science_and_Resources/Driverless_vehicles
David Coady, ‘Australia’s Patent System Could Create Roadblocks for Driverless Cars’, ABC PM, 3 May 2017, http://www.abc.net.au/pm/content/2016/s4663098.htm and http://www.abc.net.au/news/2017-05-03/australias-patent-system-could-create-roadblocks/8494616
Niki Widdowson, ‘Road Wars: Intellectual Property, Driverless Cars and Knight Riders’, QUT Media, 3 May 2017, https://www.qut.edu.au/news/news?news-id=117259
House of Representatives Standing Committee on Industry, Innovation, Science and Resources, Social Issues Relating to Land-Based Automated Vehicles in Australia, Canberra: Parliament House, August 2017, http://parlinfo.aph.gov.au/parlInfo/download/committees/reportrep/024056/toc_pdf/Socialissuesrelatingtoland-basedautomatedvehiclesinAustralia.pdf;fileType=application%2Fpdf
Citation Information
Matthew Rimmer, ‘Intellectual Property and Autonomous Vehicles in a Gridlock Economy’, Submission to the House of Representatives Standing Committee on Industry, Innovation, Science and Resources Inquiry into Social Issues Relating to Land-Based Driverless Vehicles in Australia, February 2017, http://www.aph.gov.au/DocumentStore.ashx?id=fb4d7cc5-bc41-43f0-88a5-1727a668eda7&subId=463420