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Intellectual Property Rights Evaluation Overview

Published May 13, 2012

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Assessment Overview

In March 2010, the Foundation engaged in an external examination of its “Intellectual Property (IP) and the Long-term Protection of the Public Domain” grantmaking initiative.  This initiative was intended to make grants to help society adapt to “technological progress while strengthening and advancing social, cultural and economic growth.”  This work was conducted at a time when emerging and evolving technologies were spurring new models of innovation and new consumer behaviors, which challenged laws and policies that had been adopted for an earlier age.  The Foundation saw a role for philanthropy in supporting research, analysis and public dialogue regarding the complex questions and issues posed by technology and the need to simultaneously advance policy and technology. 

This area of work began in 2002 and was originally intended to end after five years; however, the Foundation extended the original timeline by an additional two years.  The purpose of the evaluation was to examine the extent to which the grantmaking initiative had adhered to and fulfilled its stated goals. 

Methods

The evaluation’s purpose was to better understand the Foundation’s role in this emerging field, to assess the Foundation’s grantmaking and to examine the aggregate results of grantees’ projects.  Dr. Ruth Okediji, William L. Prosser Professional of Law, University of Minnesota Law School, was selected to do this work.  She reviewed over 12,000 pages of reports submitted by grantees; interviewed grantees and non-grantees, including leaders in the field; and, conducted independent research, including analyses of case law and policy discussions.

Findings 

The evaluation reported that this grantmaking initiative accomplished exactly what the Foundation set out to do.  Key findings demonstrate that the initiative:

  • Was “timely, necessary and helpful in restoring balance to the public debate about the nature, scope and role of intellectual property rights.” 
  • “Supported policy analysis, participation in international debate and demonstration projects, linking and coordinating efforts across disciplines and scholarly research.”
  • Motivated new research questions in economics, political science, law and computer science, generating a robust set of literature and empirical data.
  • Spurred a “field” dedicated to the cross-disciplinary analysis of the interaction between innovation and society at large.
  • Did not “undermine intellectual property rights or support any unauthorized distribution of content on line.”  Rather, grantees worked to give the public alternatives to the “hacker” culture. Moreover, the work of several grantees informed significant policy shifts domestically and internationally including, for example, licensing as well as patent and copyright reform.
  • Impacted global education, particularly in the developing and least developed countries, including a serious effort to educate the most impoverished communities around the world about the role of intellectual property policies in advancing human development.

As stated by the evaluator, “On close examination…the initiative was not merely about intellectual property rights, but instead about fundamental principles grounded in the explicit language and goal of the U.S. Constitution that the public welfare could and should be explicitly attended to in the design of laws that define the rights and interests of consumers and creators.” 

Next Steps

This grantmaking initiative ended in 2009 after seven years.  This evaluation served as a summative examination of this area of work.  Findings from the evaluation informed a fruitful conversation among the Board and Program staff that will contribute to future decisions about the Foundation’s work.