Unilateral Responses To The Intellectual Anticommons

On its own, a company has limited options to pursue its own freedom to operate within a congested intellectual property (IP) landscape. As well, universities and public sector research institutions are finding it necessary to devise IP strategies to cope with a shifting interface between public interests and private economic forces (Byerlee and Fischer, 2001; Kryder, Kowalski, and Krattiger, 2000; Press and Washburn, 2000). Overall, the following IP management tactics constitute the potential unilateral strategies available to individual organizations, both public and private, which allow them freedom to innovate and operate:

• Invent around another's proprietary technology

• In-license another's proprietary technology

• Cross-license one's own proprietary technology for another's

• Strike a strategic collaboration or conditional access agreement

• Strive for organizational integration with other IP holders.

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