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LEGAL REPORT/INTELLECTUAL PROPERTY Do strong IP laws stifle innovation? I IP laws. In current reviews of the dynamic between the two, it is evident that many stakeholders have experienced a mind- shift brought about by a recognition that the "more is better" approach to IP rights can be more stifling than productive. These changing perceptions are among the views that the government's standing f the relationship between intel- lectual property laws and inno- vation had been on the agenda 10 years ago, there would have been a unified call for stronger Th e 'more is better' approach may do more harm than good for creators and business. BY JUDY VAN RHIJN committee on industry, science, and tech- nology (INDUS) is hearing as it under- takes a study on intellectual property focusing on its role promoting innovation and leading-edge technology. Professor Ariel Katz, director of the Centre for Innovation Law and Policy at the University of Toronto, has been aware of a growing skepticism for some time. "The basic theory of why IP rights are important for innovation is well-under- stood and straightforward. Research and development are costly, and once some- thing is created it can be easily reproduced. Everyone can use it without sharing the cost and risk of creating it. Therefore, if people can't get a return on their invest- ment, they won't invest. On the other hand, rights that prevent use by the next genera- tion of innovators lead to sub-optimal dis- semination of information and monopo- lies which cause problems of their own." For those trying to determine when IP law morphs from being productive to counterproductive, it' clear answer. To find the line, Katz says SOMETIMES YOU NEED A DIFFERENT PERSPECTIVE TO UNDERSTAND CREATIVITY, s difficult to find a 49 years of continuing perspective • Canadian Lawyer Top 10 IP Boutiques in Canada – 2010-11 and 2012-13 • Ottawa Business Achievement Awards – Professional Services Firm of the Year - 2010 38 JULY 2012 www. CANADIAN Lawyermag.com ShapiroCohen_CL_Jan_12.indd 1 Barristers & Solicitors | Patent & Trade-mark Agents Suite 200, 411 Legget Drive, Ottawa, ON Canada K2K 3C9 Tel: 613 232-5300 Fax: 613 563-9231 ProtectMyIP@shapirocohen.com 11-12-14 3:08 PM enrico varrasso