Decentralized Production: The Need for Social Norms-Based Intellectual Property?

Abstract

The objective of this paper is to explore the need for and possible benefits of social norms-based intellectual property systems in the context of the renaissance of decentralized production. Innovative engineering in addition to powerful information and communications technology enables a renaissance of decentralized production. A central form of such is co-engaging production. This renaissance can already be observed in small-scale 3D printing, microbreweries, small-scale food production in rooftop greenhouses, and small-scale electricity generation with solar panels installed by users of electricity. Individuals engaging in decentralized production typically have limited resources, which may hinder them from applying registration for industrial property rights. Therefore, social norms-based intellectual property can, in some cases, be more cost efficient in the case of decentralized production. In the case of cross-border groups, social norms-based intellectual property can evolve regardless of territorially restricted national legal-based intellectual property rights. The advantages of social norms may override their disadvantages when no great economic interests are involved and the production and the need of protection are short-term by nature. The decentralized characteristic of social norms-based intellectual property brings in new people as creators of creations for which intellectual property protections exist. This can enhance creativity by broadening the cognitive and cultural diversity of the creations. Social norms-based and legal norms-based intellectual property systems are not mutually exclusive and can exist side-by-side.

Additive manufacturing technologies and business models – a systematic literature review

“…Van Overwalle and Leys (2017), however, claims that patent law can co-exist with 3DP technology because such technology does not challenge the current requirements for patentable inventions even if it provokes the type/token dichotomy on which patent ontology is founded. Poesche et al (2019) analyses social norms-based IPR systems in relation to decentralized production. In small-scale 3DP printing businesses, a co-engaging production can arise such as the production phenomenon seen in industries like the microbrewery and small-scale food industries.…”

“…In these industries, with their limited resources, the use of social norms-based IPR can be more innovative because of the cultural diversity of the producers. Poesche et al (2019) suggests that social norms-based and legal norms-based IPR systems can co-exist; the use of one does not exclude the use of the other.…”