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Governing Knowledge Commons$
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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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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2022. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use.date: 27 January 2022

How War Creates Commons:

How War Creates Commons:

General McNaughton and the National Research Council, 1914–1939

(p.391) 12 How War Creates Commons
Governing Knowledge Commons

S. Tina Piper

Oxford University Press

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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