Qualitative and quantitative empirical methods are playing an increasingly important role in intellectual property law research. Hence it became the focus of collected edition, including a chapter by L C Druedahl and LML members Prof. Mateo Aboy and Prof. Timo Minnsen.
Empirical approaches, they argue, allow an understanding of how patent and trade secret laws operate in the real world, and this can be used to evaluate whether the law is working as intended. If not, it can also help advance proposals for law reform. This complements more traditional legal research methods, providing evidence-based recommendations for increasing the effectiveness, efficiency, beneficial impact, and sustainability of the IP system and the broader innovation ecosystem within which is operates.
The authors use the biotech and pharmaceutical sector as an example. Given the recent developments of rapidly evolving medical and information age technologies such as big data, AI, and quantum computing, new societal threats such as antimicrobial resistance, and the resulting reactions in public perceptions, the medicinal product and devices sector provides an excellent case study to illustrate the benefits of empirical research methods.
They acknowledge the challenges facing empirical research at the conceptual, methodological, and practical levels. But nevertheless they are confident to conclude that empirical legal research will enhance the utility of legal scholarship.
The full chapter can be read here.