A Philosophy Of Intellectual Property
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A Philosophy of Intellectual Property
Author | : Peter Drahos |
Publsiher | : Routledge |
Total Pages | : 383 |
Release | : 2016-12-05 |
Genre | : Law |
ISBN | : 9781351962087 |
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Are intellectual property rights like other property rights? More and more of the world’s knowledge and information is under the control of intellectual property owners. What are the justifications for this? What are the implications for power and for justice of allowing this property form to range across social life? Can we look to traditional property theory to supply the answers or do we need a new approach? Intellectual property rights relate to abstract objects - objects like algorithms and DNA sequences. The consequences of creating property rights in such objects are far reaching. A Philosophy of Intellectual Property argues that lying at the heart of intellectual property are duty-bearing privileges. We should adopt an instrumentalist approach to intellectual property and reject a proprietarian approach - an approach which emphasizes the connection between labour and property rights. The analysis draws on the history of intellectual property, legal materials, the work of Grotius, Pufendorf, Locke, Marx and Hegel, as well as economic, sociological and legal theory. The book is designed to be accessible to specialists in a number of fields as well as students. It will interest philosophers, political scientists, economists, legal scholars as well as those professionals concerned with policy issues raised by modern technologies and the information society.
A Philosophy of Intellectual Property
Author | : Peter Drahos |
Publsiher | : Applied Legal Philosophy |
Total Pages | : 272 |
Release | : 2016-10-31 |
Genre | : Law |
ISBN | : 1138254703 |
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Are intellectual property rights like other property rights? More and more of the world's knowledge and information is under the control of intellectual property owners. What are the justifications for this? What are the implications for power and for justice of allowing this property form to range across social life? Can we look to traditional property theory to supply the answers or do we need a new approach? Intellectual property rights relate to abstract objects - objects like algorithms and DNA sequences. The consequences of creating property rights in such objects are far reaching. A Philosophy of Intellectual Property argues that lying at the heart of intellectual property are duty-bearing privileges. We should adopt an instrumentalist approach to intellectual property and reject a proprietarian approach - an approach which emphasizes the connection between labour and property rights. The analysis draws on the history of intellectual property, legal materials, the work of Grotius, Pufendorf, Locke, Marx and Hegel, as well as economic, sociological and legal theory. The book is designed to be accessible to specialists in a number of fields as well as students. It will interest philosophers, political scientists, economists, legal scholars as well as those professionals concerned with policy issues raised by modern technologies and the information society.
A Critique of the Ontology of Intellectual Property Law
Author | : Alexander Peukert |
Publsiher | : Cambridge University Press |
Total Pages | : 219 |
Release | : 2021-05-20 |
Genre | : Law |
ISBN | : 9781108498326 |
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This book provides a comprehensive critique of the idea that 'intellectual property' exists as an object that can be owned.
New Frontiers in the Philosophy of Intellectual Property
Author | : Annabelle Lever |
Publsiher | : Cambridge University Press |
Total Pages | : 135 |
Release | : 2012-07-05 |
Genre | : Law |
ISBN | : 9781139536424 |
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Are intellectual property rights a threat to autonomy, global justice, indigenous rights, access to lifesaving knowledge and medicines? The essays in this volume examine the justification of patents, copyrights and trademarks in light of the political and moral controversy over TRIPS (the Agreement on Trade-Related Aspects of Intellectual Property Rights). Written by a distinguished international group of experts, this book draws on the latest philosophical work on autonomy, equality, property ownership and human rights in order to explore the moral, political and economic implications of property rights in ideas. Written with an interdisciplinary audience in mind, these essays introduce readers to the latest debates in the philosophy of intellectual property, whether their interests are in the restrictions that copyright places on the reproduction of music and printed words or in the morality and legality of patenting human genes, essential medicines or traditional knowledge.
Intellectual Liberty
Author | : Hugh Breakey |
Publsiher | : Routledge |
Total Pages | : 186 |
Release | : 2016-05-23 |
Genre | : Law |
ISBN | : 9781317115052 |
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Considering the steady increase in intellectual property rights in the last century, does it make sense to speak of ’user’s rights’ and can limitations on intellectual liberty be justified from a rights-based perspective? This book philosophically defends the importance of the public domain and user’s rights through the use of natural-rights thought. Utilizing primarily the work of John Locke, it contends that considerations of natural justice and human freedom impose powerful constraints on the proper reach and substance of intellectual property rights, especially copyright. It investigates both the internal and external natural-rights constraints on intellectual property, and argues in particular for the importance to human freedom of the right to intellectual liberty - the right to inform one’s actions by learning about the world. It concludes that respect for fundamental freedom-based interests require a balanced approach to the scope, strength and duration of intellectual property rights.
Justifying Intellectual Property
Author | : Robert P. Merges |
Publsiher | : Harvard University Press |
Total Pages | : 422 |
Release | : 2011-06-13 |
Genre | : Law |
ISBN | : 9780674049482 |
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In a sophisticated defense of intellectual property, Merges draws on Kant, Locke, and Rawls to explain how IP rights are based on a solid ethical foundation and make sense for a just society. He also calls for appropriate boundaries: IP rights are real, but they come with real limits.
Intellectual Property and Theories of Justice
Author | : A. Gosseries,A. Marciano,A. Strowel |
Publsiher | : Springer |
Total Pages | : 285 |
Release | : 2008-10-27 |
Genre | : Philosophy |
ISBN | : 9780230582392 |
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Fourteen philosophers, economists and legal scholars address the question 'Can intellectual property rights be fair?' What differentiates intellectual from real property? Should libertarians or Rawlsians defend IP rights? What's wrong with free-riding? How can incentives be taken into account by theories of justice?
Property Aspects of Intellectual Property
Author | : Ole-Andreas Rognstad |
Publsiher | : Unknown |
Total Pages | : 247 |
Release | : 2018-07-05 |
Genre | : Law |
ISBN | : 9781107072053 |
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Three property aspects of IP law -- Implications of the three aspects of property