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Patents for Power: Intellectual Property Law and the Diffusion of Military Technology
In an era when knowledge can travel with astonishing speed, the need for analysis of intellectual property (IP) law—and its focus on patents, trade secrets, trademarks, and issues of copyright—has never been greater. But as Robert M. Farley and Davida H. Isaacs stress in Patents for Power, we have long overlooked critical ties between IP law and one area of worldwide concern: military technology. This deft blend of case studies, theoretical analyses, and policy advice reveals the fundamental role of IP law in shaping how states create and transmit defense equipment and weaponry.
The book probes two major issues: the effect of IP law on innovation itself and the effect of IP law on the international diffusion, or sharing, of technology. Discussing a range of inventions, from the AK-47 rifle to the B-29 Superfortress bomber to the MQ-1 Predator drone, the authors show how IP systems (or their lack) have impacted domestic and international relations across a number of countries, including the United States, Russia, China, and South Korea. The study finds, among other results, that while the open nature of the IP system may encourage industrial espionage like cyberwarfare, increased state uptake of IP law is helping to establish international standards for IP protection. This clear-eyed approach to law and national security is thus essential for anyone interested in history, political science, and legal studies.
The book probes two major issues: the effect of IP law on innovation itself and the effect of IP law on the international diffusion, or sharing, of technology. Discussing a range of inventions, from the AK-47 rifle to the B-29 Superfortress bomber to the MQ-1 Predator drone, the authors show how IP systems (or their lack) have impacted domestic and international relations across a number of countries, including the United States, Russia, China, and South Korea. The study finds, among other results, that while the open nature of the IP system may encourage industrial espionage like cyberwarfare, increased state uptake of IP law is helping to establish international standards for IP protection. This clear-eyed approach to law and national security is thus essential for anyone interested in history, political science, and legal studies.
224 pages, Hardcover
Published October 30, 2020
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January 12, 2023
I hadn't realized how the acquisition system screws over individuals and small businesses, including ones that make ostensibly civilian products that are adapted for military uses. I knew there were issues with this, but didn't realize how it worked or how prevalent this is. It's especially baffling because I have seen senior government and military officials practically begging small businesses and individuals outside the traditional government procurement sphere to help make DoD more innovative by bringing their expertise, especially in things like artificial intelligence. The byzantine and complex acquisition process is also designed for fairness and to prevent corruption, but is so complex that its tough and expensive for firms outside the defense giants to navigate it. The book doesn't even include the time and cost of getting security clearances.
It was also really lucky and timely that I read this concurrently with Chip Wars because some of the themes resonated. I am more convinced than ever that the US needs to curb its "America First" tendencies and do a better job of fostering and protecting foreign intellectual property and respecting innovations that come from abroad. Computer chips are a prime example of where the cutting edge is light years ahead of where we'd be if we tried to do everything ourselves and cut off foreign participation. We get the best technology in the world because we build a framework for trust and cooperation, even if some of those secrets weren't created or controlled here. Trying to force force companies to give up their secrets or to boost our own industries unfairly (or in ways they perceive as unfair) will backfire spectacularly.
It was also really lucky and timely that I read this concurrently with Chip Wars because some of the themes resonated. I am more convinced than ever that the US needs to curb its "America First" tendencies and do a better job of fostering and protecting foreign intellectual property and respecting innovations that come from abroad. Computer chips are a prime example of where the cutting edge is light years ahead of where we'd be if we tried to do everything ourselves and cut off foreign participation. We get the best technology in the world because we build a framework for trust and cooperation, even if some of those secrets weren't created or controlled here. Trying to force force companies to give up their secrets or to boost our own industries unfairly (or in ways they perceive as unfair) will backfire spectacularly.
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