Decoding divergence in software regulation : paradigms, power structures, and institutions in the United States and the European Union
By: EIMER, Thomas R
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ArticlePublisher: Malden, MA : Blackwell, April 2008Governance: An International Journal of Policy, Administration, and Institutions 21, 2, p. 275-296Abstract: Both in the United States and the European Union, patent policy instruments in information and communication technologies are contested. Although current reform proposals would lead to a uniform patent eligibility for computer programs in both economic spheres, such an outcome is rather unlikely. In a theoretic perspective, contrasting policies in one of the most important technology sectors challenge the expectation of converging regulative regimes. In a view to reveal the structural causes for the persisting divergence, it is argued that incompatible underlying paradigms, differentiated patterns of power structure, and unsynchronized institutional arrangements may resist even strong pressures to harmonize regulative practices. The interaction between these elements will be addressed and discussed as a perspective to define restraints on the scope of convergence theories.
Both in the United States and the European Union, patent policy instruments in information and communication technologies are contested. Although current reform proposals would lead to a uniform patent eligibility for computer programs in both economic spheres, such an outcome is rather unlikely. In a theoretic perspective, contrasting policies in one of the most important technology sectors challenge the expectation of converging regulative regimes. In a view to reveal the structural causes for the persisting divergence, it is argued that incompatible underlying paradigms, differentiated patterns of power structure, and unsynchronized institutional arrangements may resist even strong pressures to harmonize regulative practices. The interaction between these elements will be addressed and discussed as a perspective to define restraints on the scope of convergence theories.
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