CO-OPERATION IN COLLECTIVE ECONOMY

The Trend towards Concentration and Co-operation among Public Undertakings, Free Collective-Economy Undertakings, Co-operatives and Undertakings in the Utility Housing Sector.     

THE ANNALS OF COLLECTIVE ECONOMY

The Coopérateur Suisse , the official organ of the Swiss Union of consumers' co-operatives (U.S.C.) in Basle, published on the occasion of the fiftieth anniversary of the foundation of the Union, and of the Jubilee Congress of delegates of the Swiss co-operatives at Basle, on the 22nd of June 1930, a special number, to which reference will later be made, devoted not only to the origins and development of this institution, but also to the principal aspects of the Co-operative Movement in Switzerland and to a large measure throughout the world. The Editor of the Coopérateur Suisse insisted on giving the "Annals of Collective Economy" a place in this collection. Here we publish the article which was so kindly requested of the Director of the "Annals" on this occasion.     

INTELLECTUAL PROPERTY RIGHTS IN A KNOWLEDGE-BASED ECONOMY: A NEW FRAME-OF-ANALYSIS

The debate on software intellectual property rights (IPRs) has not only highlighted fundamental issues regarding the scheme of protection that software enjoys, it has also pointed out major gaps in the representation of computer programs as economic goods. In this respect, various interpretations of software propose a limited outlook by referring only to particular aspects of computer programs.

The paper discusses the economic nature of software and computational processes and how they should be properly represented as commodities by focusing on software IPR legislation in the US. It elaborates the similarities and differences between software applications and machines on the basis of historical evidence from the evolution of information technologies and computer science. Further, we discuss whether computer programs should enjoy IPR protection (like their physical equivalents) and which legal regime would induce the maximal degree of societal benefits, while satisfying private and public interests.

The paper also elaborates the essential issues of the distinction between ideas and expressions and the ways they are treated as intellectual property. It highlights major aspects in the debate over protection of software applications by both patents and copyrights and analyses the economic impact of the joint regime.

By highlighting the dissimilarities in the economic nature and market behaviour of ideas and expressions we point out the difficulties in drawing parallels between software and physical equivalents. Finally, we provide alternative ways to establish coherent juridical basis and legal policy of software IPRs that aim at stimulating innovation and developing the technological landscape in information technologies.