Michael Palmedo

This article describes the recently published Global Innovation Index and PIJIP’s ongoing research on copyright exceptions for research. It then presents the correlations between subsets of the Global Innovation Index data and the PIJIP copyright law categorization.

The Global Innovation Index

Last week, WIPO launched the Global Innovation Index (GII) 2022, which ranks 132 countries according to 81 innovation-related indicators. He finds that global R&D has continued to boom, but productivity growth has stagnated. But underneath the main results is a lot of interesting data on the inputs and outputs of innovation.

The 81 indicators are grouped into seven main “pillars”. They are Institutions; Human capital and research; Infrastructure; Market sophistication; Business sophistication; knowledge and technology products; and creative outings.

PIJIP Classification of Copyright Exceptions for GDT Research

For some years, PIJIP has been analyzing copyright exceptions for researchers in the copyright laws of each WIPO Member State. Specifically, we looked at the laws of over 200 countries to see to what extent they “have a research exception in their law that is open enough to allow the reproduction and communications of copyrighted works. necessary for academic text and data mining (TDM) research.”

In Finding Exceptions in Comparative Copyright Law, by Flynn et. (2022) we use this six-point scale to rank the opening of exceptions:

  1. Exception is fully open to all uses, works, users. Above all, it allows researchers both to reproduce works and to share their reproductions within teams of researchers;
  2. The exception permits reproduction (no other uses) of all works by all users;
  3. The exception permits reproduction or private use by individual users;
  4. The exception allows for institutional uses (i.e. libraries);
  5. The exception contains restrictions on the types of works covered by the exception;
  6. The exception allows the use of excerpts only (no legal text and data mining possible)

The document linked above describes this classification in more detail.

How PIJIP’s classification relates to GII rankings

If the strength of copyright exceptions for researchers is combined with other innovative inputs and outputs, then we should be able to see correlations between the classification of PIJIP countries’ laws and some of the pillars found in the GII.

The GII pillar “Human capital and research” is a grouped average of the following indicators which measure innovative inputs:

  • Education expenditure, as a percentage of GDP
  • Public funding/student, secondary, as a percentage of GDP per capita
  • School life expectancy, in years
  • PISA scales in reading, mathematics and science
  • Student-teacher ratio, secondary
  • Tertiary registration
  • Percentage of science and engineering graduates
  • Tertiary incoming mobility
  • Researchers: full-time employees per million inhabitants
  • Gross R&D expenditure, as a percentage of GDP
  • Global Corporate R&D Investors, Top 3, US$ Millions
  • QS university rankings, top 3

The GII ranks countries according to this pillar on pages 50-5 of the report, with Korea ranked No. 1. Figure 1 shows the positive correlation between the ranking of countries according to this pillar and the PIJIP classification of country research exceptions. This positive correlation implies that countries with more emphasis on education and more researchers tend to have copyright exceptions with a greater degree of openness.

Figure 1

The GII pillar “Knowledge and technological products” is a grouped average of the following indicators measuring the products of innovative processes:

  • Patents by origin per billion US dollars of GDP
  • PCT patents by origin per billion US dollars of GDP
  • Utility models by origin per billion dollars of GDP
  • Scientific and technical papers per billion US dollars of GDP
  • Citable documents: H-index
  • Labor productivity growth
  • New businesses per thousand inhabitants aged 15-64
  • Software spending as a percentage of GDP
  • ISO 9001 quality certificates per billion US dollars of GDP
  • High-tech manufacturing as a percentage of total manufacturing
  • Intellectual property revenue as a percentage of total trade
  • Complexity of production and export
  • High-tech exports as a percentage of total trade
  • Exports of ICT services as a percentage of total trade

Switzerland is the best-ranked country for this measurement of knowledge and technology production. As shown in Figure 2, the PIJIP categorization of country copyright exceptions for research is positively correlated with the GII ranking for this pillar. The association implies that countries with stronger copyright exceptions for researchers produce more innovative output (relative to total output) than countries with weaker exceptions.

Figure 2

Together, these correlations show that the way search exceptions are crafted is associated with real-world variables related to innovation.

As we develop this line of research, we plan to use the data in a series of empirical experiments. We are currently working with law students to track the evolution of countries’ copyright exceptions over time in order to produce more detailed studies that are better able to find causal relationships.