A European solution to the Intellectual Property problem: addressing challenges and preserving benefits

This paper will explore the impact of recent changes in the European Union in relation to encouraging innovation and providing greater access to it. A central, although not sole, role in the encouragement of innovation in the EU lies with intellectual property (“IP”). Once an IP right exists, while it is in force it confers the exclusive right to control innovation in the territory, subject to some limited exceptions. Strong arguments can be made that this is the justifiable price which society has to pay for innovation, including in relation to health, communication and protection of the environment, all of which could be termed as being for the global good. Yet there are growing concerns in the European Commission as to the power held by IP owners – consider the Pharmaceutical Sector Enquiry (2009) and investigations into Microsoft (2004, which resulted in court decisions (2007), AstraZeneca (2005, court decision 2010) (Rambus (settled 2010) and Google (announced 2010).