Category: Innovation

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Cardozo Law Review, China Re-Rising

Symposium on China’s Transition from Manufacturing to Innovation Economy Hosted by Cardozo Law Review’s Online Journal

NEW YORK, NY, April 29, 2013 — All eyes are on China in the twenty-first century, as it emerges as one of the fastest growing economies in the world. At the same time, losses in various industries are attributed to piracy—a substantial amount of which is alleged to occur within China’s borders—and the Chinese government is routinely criticized for its weak enforcement measures against counterfeiting activities and intellectual property infringement on its soil.Cardozo Law Review de•novo’s online symposium, “China Re-Rising?: Innovation and Collaboration for a Successful Twenty-First Century” focuses  on China’s overall transition from a manufacturing to an innovation economy and how this transition affects IP policies and industries around the world.

The online symposium – located at http://cardozolawreview.com/de-novo-2013.html – features articles from practitioners, industry corporate counsel, professors, and Chinese IP law specialists. Esteemed participants include Chen Wang, the Deputy Chief IP Counsel of E.I. du Pont de Nemours Company; Jonathan Sallet, a Partner at O’Melveny & Myers LLP; and Professor Peter Yu, the Kern Family Chair in Intellectual Property Law and Director of the Intellectual Property Law Center at Drake University Law School.

About the Articles:

Professor Yu discusses the slowly-begun change in discourse around China’s intellectual property system, particularly in the field of patents. He presents the reader with five key questions on the state of Chinese intellectual property law and policy. His answers suggest that the future of China’s intellectual property system is dualistic and dynamic—while massive piracy and counterfeiting does continue, this ongoing issue is balanced by China’s rise as a patent power.

Professors Murphy and Orcutt discuss China’s patent subsidy program—an aspect of China’s national innovation strategy that aims to increase domestic patents and innovation through government subsidies to pay for domestic inventors’ legal costs associated with obtaining patents. Noting that the program has been criticized for failing to fund truly valuable or innovative patents, the Authors propose a unique two-stage, three-dimensional relative value technique for the Chinese government to implement in evaluating whether to fund a given patent application through the subsidy program.

Ms. Wang and Mr. Sallet in turn criticize the Chinese government’s metric-based approach to innovation. They posit that China’s emphasis on numerical goals to domestic patenting actually hampers Chinese innovation by directing resources away from research and the development of truly valuable inventions. The Authors further discuss how China’s metric-based approach frustrates the ability of multi-national corporations to collaborate effectively with Chinese companies. They conclude by identifying steps the Chinese government can take to increase local innovation through effective international collaboration.

Professor Shao calls for a holistic perspective of the Chinese innovation economy, law, and policies. His Article offers a historical and cultural perspective that aims to make a holistic approach possible for Western scholars and practitioners, who lack the knowledge of Chinese history and culture necessary to understand the context of China’s current policies. He concludes by proposing that innovation still can, and should, be the bridge to China’s successful economic transition.

Professors Murphree and Breznitz discuss China’s innovation strategy through the lens of its failed attempts to develop globally successful technology standards. The Authors attribute these failures to fragmented production and structured uncertainty implicit in the Chinese domestic market. Despite these failures, the Authors acknowledge that Chinese companies’ participation in even failed attempts does produce tangible benefits, like receiving lower royalty rates on goods they produced.

View the online symposium at http://cardozolawreview.com/de-novo-2013.html

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STEM education and some more on 3D printing as general purpose tech

3D printing and its related technology is general purpose technology that can train kids for the future. I saw an example of that yesterday when I was able to visit La Jolla Country Day School where sixth to eighth grade kids on spring break were learning basic 3D Modeling and Design. Last week they worked on How to Make Musical Electronics. In the 3D modeling program, Ann Worth, an MIT School of Architecture graduate, guided the youngsters as they manipulated files of their heads so that at the end of the program they could print them. I also watched a video of two girls who had been shown how to make an amplifier and oscillator for their iPhones. Brendan Bernhardt Gaffney, UCSD was their instructor. The kids talked about trial and error, vectors and faces, and circuit boards with energy and joy. How often does that happen? If Katie Rast and her co-visionaries at FabLab San Diego have their way, much more often.

Despite some nerds are cool ideas, we still hear that kids are turned off by math and science and that there is a lack of good Science Technology Engineering Math (STEM) education. New programs may change all that. By taking an old idea like shop and updating it, a FabLab (short for Fabrication Lab) offers the chance to make learning about programing, engineering, geometry, and the jot of creation. Kids are willing to engage with formulas; start, fail, and restart projects; and work rather hard at their projects, because there is fun and an outcome for them. The spring break program I visited is called Science Technology Engineering Arts and Math, or STEAM. The University of California, San Diego and FabLab SD worked together to offer the classes (which to me is a tech transfer moment that is quite important).

In the 3D modeling program, the kids started with a series of photos, which were uploaded to 123D (a suite of 3D modeling apps by Autodesk). That service knits the images together into a file that the kids then download. In many cases there are holes in the images. As they made models of their heads, they laughed at the holes in their heads. They then used a program called Blender to learn about filling the gaps. That meant some kids were telling me about vectors, others about textures, and all showed off as they pulled, stretched, and edited files to create the proper rendering of their heads. After that, they grabbed files for the bodies. A range of animal bodies will be virtually sliced up to make the new creature upon which the heads will attach. When asked what they might do next, these folks talked about how metals, glass, and other materials would be awesome so they could make really functional items. Some talked about being able to have a home printer that could make solar cells to power other printers. When told that these ideas were already being pursued, eyes popped out of their heads, and then grins covered their faces at thoughts of what’s next (and I think a little pride at predicting where the technology could go).

The skills learned in these programs will persist even as the machines and software are superseded. Who knows? If I had access to this sort of tech training combined with math and science education, I might have stuck with that path. Even if I didn’t, I’d have a greater ability to play with and understand the technology that surrounds us. In short, congratulations to La Jolla Country Day School, UCSD, FabLab SD, Ann Worth, Brendan Bernhardt Gaffney, and Katie Rast for pursuing ways to make STEM fun and for kids. The ideas here remind me of Julie Cohen’s work about play and its importance in her book, Configuring the Networked Self: Law, Code, and the Play of Everyday Practice. As Rast said on a panel at SxSW, computer labs were often seen as saviors for education especially in low income areas, but they often gathered dust. The key is to have maker spaces that work for the group’s context. A lab need not have the latest technology. If the technology is connected to people in meaningful ways, then the magic can happen. I agree. The magic of playing with technology, understanding what you can do with it, and seeing new possibilities will fire the desire to learn and create. As Neil Gershenfeld (a leader in the Maker and Fab movement) put it, this is a liberal, as in liberating, art. But don’t take my word for it. As one kid told me at lunch, adults’ brains are not as good at learning as kids’ brains, and kids like showing what they can do. Now that is education.

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Innovate or Innovation, Your Assurance of Meaningless Assertions

In the words of Portlandia, innovation is over. Or as another era of hipsters might say, innovation is dead anyway (Swingers). Take a look at the posturing of European Publishers Council and Google over the recent German bill to force search to pay for material longer than a snippet.

“As a result of today’s vote, ancillary copyright in its most damaging form has been stopped,” Google said in a statement. “However, the best outcome for Germany would be no new legislation because it threatens innovation, particularly for start-ups. It’s also not necessary because publishers and Internet companies can innovate together, just as Google has done in many other countries.”

Translation: Insert resistance is futile jokes as needed, but you will work with us and win! We all will win, because we innovate and belong to the Church of Innovation (located somewhere south of San Francisco and north of San Jose).

“With the right legal conditions and the technical tools provided by the Linked Content Coalition, it will be easy to access and use content legally,” the European Publishers Council said in a statement (PDF) on Friday. “This will mean that publishers will have the incentive to continue to populate the internet with high-quality, authoritative, diverse content and to support new, innovative business models for online content.”

Translation: We have no idea what is next. But please give us more time, protection, and money. We promise we will come up with something new.

Confession: Have I invoked innovation. Of course. It is seductive. It is too seductive. Pam Samuelson is a fan of Orwell’s Politics and the English Language, as is Neil Richards, and as am I. I must confess that I have sinned. I slipped away from Orwell’s mandate and went with the easy, meaningless word. I hate when that happens. I will try and stop.

Of course, what other word or words would say more is the next struggle. The German law says only a snippet is allowed. Right. What’s a snippet? Someone says innovate. I say, “Right. What’s innovate?” I hope to find out. If I am lucky, I may be like Bill Cosby’s Noah and come up with an answer no one else thought of. Hmm is that innovat… Khannn!!!!

Enjoy the clip

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MOOCs in law schools

Last week both Frank and I blogged about the MOOC, the “massive open online course.” Also last week a substantial and prominent group of academics posted an open letter to the ABA that urged legal educators to consider, among other reforms, “building on the burgeoning promises of internet-distance education.” (The letter garnered positive press in diverse fora.) Might the MOOC platform be part of that “promise”?

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Calling Klingons and Romulans, Cloaking Now Available (Sort of)

According to the BBC, “Scientists have succeeded in “cloaking” an object perfectly for the first time, rendering a centimetre-scale cylinder invisible to microwaves.” OK this method works only for microwaves, works only in one direction, and not for visible light. Nonetheless, “The design principles that make the cloak work in microwaves would be difficult to implement at optical wavelengths. But microwaves are important in many applications, principally telecommunications and radar, and improved versions of cloaking could vastly improve microwave performance.”

The advance is cool to me in that the ideas started in 2006 from a paper on “transformation optics.” with an implementation of the idea coming that year as well. So the science fiction world of true cloaking is not here, but the fact that a few folks did some basics science, a test application followed fast, and now a full version of the microwave idea is in place within seven years is rather great. The practical side of the work may mean that funds are coming quickly from industry and the government. I am not sure which. Still I love the idea that one of the oldest fantasy/sci-fi bits of magic, invisibility, is a little closer to reality.

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BRIGHT IDEAS: Werbach and Hunter on For the Win: How Game Thinking Can Revolutionize Your Business

This Bright Ideas post looks at Kevin Werbach and Dan Hunter’s new book, For the Win: How Game Thinking Can Revolutionize Your Business. I have posted about it, but Kevin and Dan were gracious enough to answer some questions. We go into what is gamification, the differences between internal and external uses of the technique, how it relates to super-crunching, and the ethical and legal implications of the technique.

Kevin and Dan, you have drilled into an area, gamification, that seems almost arcane, a technique known to initiates. Why do it?

[KW] We actually think gamification is quite relevant for a broad range of audiences. First of all, video games have a huge impact on our culture. The games industry generates more revenue annually than Hollywood does at the box office. According to a Pew survey, 97% of American teeagers play video games, and it’s not just young people: the Entertainment Software Association reports that the average age of a gamer is 30, with almost half of them women. We can dismiss video games the way we used to dismiss social networking… and e-commerce before that… and the Internet before that… or we can look at why they are so powerful and apply those lessons in other contexts.

Second, the core goal of gamification is motivation. Think about all the situations where motivation matters: at work, at home, as consumers, in legal compliance, in social activism, and in collective action, to name a few. In all these cases, greater engagement drives material results. If there were motivational techniques that were proven in real-world businesses, consistent with decades of psychological research, and synergistic with big data and other leading-edge technology trends, wouldn’t you want to understand them?

And third, gamification is happening. It’s a rapidly growing business trend among startups, Fortune 500 companies, non-profits, and even government agencies. It raises a host of significant legal, operational, and ethical issues, as well as a variety of practical business concerns. We felt that my work on emerging technology and policy trends through the Supernova conference, and Dan’s scholarship on virtual worlds and background in cognitive psychology, gave us a unique ability to tackle these questions in a serious way. That’s why we put together the first gamification course at Wharton, and wrote For the Win as business guide to this emerging field.

OK, so what is gamification?

[KW] Gamification means applying design techniques from video games to business and other problems. In other words, it’s the process of motivating customers, employees, and communities by thinking like a game designer. It doesn’t mean turning everything into a game. Quite the contrary! Gamification involves incorporating elements of games into existing activities, the way Nike weaves levels and awards into its Nike+ system, or Microsoft motivated employees to review half a million Windows 7 dialogue boxes for localization errors with a competition among offices.

When you look at it that way, the basic concept of gamification is pretty simple, but doing it well is hard. Even experienced game designers often create games that aren’t much fun. Executing gamification effectively requires a combination of skills and knowledge, which we describe in For the Win.

Right. I see games are important in that they are big business and a big part of many folks’ lives. Let’s talk a little more about motivation. Is this approach a sort of applied behavioral economic one? Someone identifies levers and then builds systems to nudge or indeed shift the way others engage and behave?

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Robots for Relief: Disaster Robot Challenge

With Sandy upon the U.S. Eastern coast, DARPA’s “Robotics Challenge” could not come fast enough. As NPR reports, robots were used after Fukushima, but the need for robots anyone can use and especially for disaster operations is high. The contest will be a “junkyard-wars-style competition next year. The robots will have to open a blocked door, operate a valve, climb a ladder. And perhaps the toughest: get into and drive a vehicle.” As my friend Brett Kennedy of JPL notes in the piece, JPL’s RoboSimian has many advantages but may not do so well with car driving as yet.

This challenge offers $2 million to the winner, but the real prize maybe like the self-driving car challenge. Great technology is developed, industry sees it potential, and a whole new industry blossoms. There are some questions about what technology can be proprietary when the core was from government funds. Peter Lee’s work on this point comes to mind. Nonetheless, I dig this approach and the goals. Cylons to help us in nasty places and nasty jobs, oops, did I say cylons? Seriously, I hope we don’t need these sorts of options for Sandy or other disasters, but the odds are we will. So working on finding better ways to deal with the aftermath of such events is great and smart in my view.

The video below is from the Drexel project, Hubo, I believe.

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Gamification – Kevin Werbach and Dan Hunter’s new book

Gamification? Is that a word? Why yes it is, and Kevin Werbach and Dan Hunter want to tell us what it means. Better yet, they want to tell us how it works in their new book For the Win: How Game Thinking Can Revolutionize Your Business (Wharton Press). The authors get into many issues starting with a refreshing admission that the term is clunky but nonetheless captures a simple, powerful idea: one can use game concepts in non-game contexts and achieve certain results that might be missed. As they are careful to point out, this is not game theory. This is using insights from games, yes video games and the like, to structure how we interact with a problem or goal. I have questions about how well the approach will work and potential downsides (I am after all a law professor). Yet, the authors explore cases where the idea has worked, and they address concerns about where the approach can fail. I must admit I have only an excerpt so far. But it sets out the project while acknowledging possible objections that popped to mind quite well. In short, I want to read the rest. Luckily the Wharton link above or if you prefer Amazon Kindle are both quite reasonably priced. (Amazon is less expensive).

If you wonder about games, play games, and maybe have thought what is with all this badging, point accumulation, leader board stuff at work (which I did while I was at Google), this book looks to be a must read. And if you have not encountered these changes, I think you will. So reading the book may put you ahead of the group in understanding what management or companies are doing to you. The book also sets out cases and how the process works, so it may give you ideas about how to use games to help your endeavor and impress your manager. For the law folks out there, I think this area raises questions about behavioral economics and organizations that will lay ahead. In short, the authors have a tight, clear book that captures the essence of a movement. That alone merits a hearty well done.

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Because It’s Cool, Time Lapse from Space

I sometimes suggest that folks, especially lawyer folks, should look up and remember the coolness of the world. This post of star trails and city lights looks down, down at the Earth from the ISS. It’s sort of 2001 updated. According to Wired, “Photographer Christoph Malin from Austria created the stunning film by stacking image sequences taken by astronauts aboard the International Space Station.”

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One step closer to Star Trek, painless injections

Remember the syringe looking device that made a hiss and allowed Dr. McCoy to sedate folks? It looks like we might be avoiding needles and using lasers (so maybe Dr. Evil is happy somewhere) to deliver medicines. And it may be pain-free.

A series of very short laser pulses, lasting no more than 250 millionths of a second each, generates a vapor bubble inside the driving fluid. The bubble creates a pressure or elastic strain on the membrane, which forces the drug to be ejected through the tiny nozzle as a narrow jet no more than 150 micrometers (millionths of a meter) wide, or slightly thicker than a human hair.

Yoh explains that the jet pressure is higher than the tensile strength of skin, so it penetrates smoothly into the targeted depth underneath, causing no splashback.

The team has tested the device on guinea pig skin. This showed the jet drives the drug up to several millimeters under the skin, without damaging surrounding tissue.

The speed and narrowness of the jet should be enough to make the procedure painless, says Yoh. But just the fact they are aiming for the epidermal layer just under the surface of the skin, about 500 micrometers down, where there are no nerve endings, should already ensure it is “completely pain-free”.

The hope is that the device may be developed so that it could be used for mass vaccinations.