Legal issues for the knowledge economy in the twenty‐first century
| Published date | 01 January 2006 |
| Date | 01 January 2006 |
| DOI | https://doi.org/10.1108/03055720610667327 |
| Pages | 17-26 |
| Author | Cynthia M. Gayton |
| Subject Matter | Information & knowledge management |
LEGAL ASPECTS OF KNOWLEDGE
MANAGEMENT
Legal issues for the knowledge
economy in the twenty-first
century
Cynthia M. Gayton
School of Engineering and Applied Sciences, George Washington University,
Washington, DC, USA
Abstract
Purpose – The purpose of this paper is to examine legal opportunities to develop creativity and
innovation in a knowledge-based economy.
Design/methodology/approach – This paper approaches legal issues from the perspective of the
knowledge holder who is, more often than not, an individual in possession of some creative output that
may potentially be of interest to a knowledge acquirer that is, more often than not, a business. The
scope is limited to legal constraints and control mechanisms currently in use that restrict or discourage
knowledge holders from achieving full creative potential, with the hope of encouraging further
research on how to achieve the promise of a knowledge-based economy. It is also limited, from a legal
perspective, to US laws, with reference to a few international treaties.
Findings – While conducting research for this paper, it was found that, although there is a plethora
of technological means that attempt to codify and harness innovation and encourage creativity, some
legal mechanisms may be out-moded and cumbersome. This is not to say that existing regimes, like
intellectual property law, are useless, but that they are designed to take advantage of brick and mortar
inventions that have little in common with the products and services being considered for the future.
Originality/value – It is anticipated that there will be a sea-change in traditional thought about laws
relating to knowledge and rights management. Historically, knowledge holders have been at a
disadvantage when negotiating with knowledge acquirers. Now that the commodity is knowledge,
knowledge holders have a unique opportunity to reveal, or not, to their own advantage. The goal of
this paper is to identify alternative scenarios to encourage the flow of information to the benefit of
knowledge holders as well as knowledge acquirers.
Keywords Knowledge management, Knowledge economy,Innovation
Paper type General review
1. Introduction
“What we know is ours; everything else depends on fortune” says Marsilio Ficino, a
fifteenth century Florentine philosopher. Whether he meant “ours” in the singular or
collective sense, is a question for the ages. What is of interest here is delineating what
knowledge is “ours” in a legal sense. This article will explore the legal tensions
between an individual’s, or in some cases, a community’s possession of personal
knowledge (the “knowledge holder” (KH)), or tacit knowledge, and the interest of others
(“knowledge acquirer” (KA)) who seek to control that knowledge, whether it is
rendered explicit or not.
The current issue and full text archive of this journal is available at
www.emeraldinsight.com/0305-5728.htm
Knowledge
economy
17
VINE: The journal of information and
knowledge management systems
Vol. 36 No. 1, 2006
pp. 17-26
qEmerald Group Publishing Limited
0305-5728
DOI 10.1108/03055720610667327
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