Intellectual property (IP) rights like copyrights, patents and trademarks are given to scientists and authors to reward them for their contributions to the arts and sciences. These exclusive rights allow them to monetize their work. But piracy and the sale of goods that infringe IP rights are steadily increasing. From 2000 to 2007, trade in counterfeit and pirated products increased 7.6% among all globally-traded commodities – and this number excludes all electronic piracy. In the European Union alone, customs agents intercepted almost 40 million infringing articles trying to be imported into the member states in 2012. Yet, despite the profit loss that undoubtedly comes with infringement, scientists and artists continue to create signalling that (1) economic incentives are not the only driving force behind innovation, and (2) laws outside IP are supporting this innovation.
On Sunday, March 30th, the Information Society Project (ISP)  at Yale Law School hosted the Innovation Law Beyond IP conference to explore these issues. The event brought together some of the most reputable scholars in IP to discuss how the law can be used to promote innovation outside the context of private IP rights. The discussion centered around the trends of innovation already occurring without IP protection and looked to develop areas of law that can play a positive role in supporting innovation beyond the domain of IP law. Wikimedia Legal Fellow Manprit Brar followed this discussion to think about what lessons can be learned for Wikimedia’s legal work.
Yale Law School Professor Amy Kapczynski opened the conference by framing the discussion of innovation law as having no one focus. She discussed the many alternative areas of law to IP that are used to help sustain and encourage innovation, including: