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Brett M. Frischmann, Michael J. Madison, and Katherine J. Strandburg

Print publication date: 2014

Print ISBN-13: 9780199972036

Published to Oxford Scholarship Online: November 2014

DOI: 10.1093/acprof:oso/9780199972036.001.0001

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How War Creates Commons:

How War Creates Commons:

General McNaughton and the National Research Council, 1914–1939

Chapter:
(p.391) 12 How War Creates Commons
Source:
Governing Knowledge Commons
Author(s):

S. Tina Piper

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199972036.003.0013

This chapter discusses how familiar aspects of present-day commons strategies were implemented during World War I and World War II to quickly channel collective invention and disseminate innovations. This chapter explores four interrelated themes: first, how the realities of war inspired the creation of commons-like intellectual property (IP) mechanisms; second, how the structure of the military and its professional mores fostered commons-based approaches to IP; third, using a critical legal pluralist framework, the chapter considers the commons-commitments evident in the career of General Andrew McNaughton, a prolific inventor and decorated military man, as he moved from the military to become second president of the (Canadian) National Research Council (NRC); fourth, how war and McNaughton influenced the adoption of commons-like mechanisms in licensing practices at the NRC and created Canada’s first major technology transfer institution.

Keywords:   Commons, military, technology transfer, World War I, nonexclusive licensing, public interest, profession, National Research Council, critical legal pluralism

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