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Intellectual Property and Theories of Justice by A. Gosseries,A. Marciano,A. Strowel Pdf
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?
A Philosophy of Intellectual Property by Peter Drahos Pdf
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.
Intellectual Property Law by Anne Flanagan,Maria Lillƒ Montagnani Pdf
Professors Flanagan and Montagnani have assembled a volume of essays recognizing that in a global information age, intellectual property is not merely a business asset, but a social phenomenon. The contributors marry consideration of fairness with exploration of efficiency, examination of economics with analysis of equity, drawing upon expertise and examples from both European and American law. The resulting collection will be an invaluable resource on both sides of the Atlantic, and around the globe. Dan L. Burk, University of California, Irvine, School of Law, US Intellectual Property Law examines emerging intellectual property (IP) issues through the bifocal lens of both economic analysis and individual or social justice theories. This study considers restraints on IP rights both internal and external to IP law and explores rights disequilibria from the perspective of both the rationale of IP law and the interface with competition law. The expert contributors discuss the phenomenon in various contexts of patent, trade secret; and copyright, each a tool to incentivize the growth of knowledge beyond innovation and creativity. This timely book will strongly appeal to academics, scholars, and postgraduate and PhD students interested in where and how the balance to intellectual property law is, should or could be set. Policymakers will also find this insightful resource invaluable.
Justifying Intellectual Property by Robert P. Merges Pdf
Why should a property interest exist in an intangible item? In recent years, arguments over intellectual property have often divided proponents—who emphasize the importance of providing incentives for producers of creative works— from skeptics who emphasize the need for free and open access to knowledge. In a wide-ranging and ambitious analysis, Robert P. Merges establishes a sophisticated rationale for the most vital form of modern property: IP rights. His insightful new book answers the many critics who contend that these rights are inefficient, unfair, and theoretically incoherent. But Merges’ vigorous defense of IP is also a call for appropriate legal constraints and boundaries: IP rights are real, but they come with real limits. Drawing on Kant, Locke, and Rawls as well as contemporary scholars, Merges crafts an original theory to explain why IP rights make sense as a reward for effort and as a way to encourage individuals to strive. He also provides a novel explanation of why awarding IP rights to creative people is fair for everyone else in society, by contributing to a just distribution of resources. Merges argues convincingly that IP rights are based on a solid ethical foundation, and—when subject to fair limits—these rights are an indispensable part of a well-functioning society.
Providing new insight into the ideas surrounding one of the longest running and hotly debated governmental issues – the global access to healthcare challenge – Louise Bernier develops an original theoretical framework that builds upon cosmopolitan liberal theory. This groundbreaking analysis offers a useful justification for engaging in a global and more equitable redistribution of health-related resources. The author examines if and how this theory of distribution translates into positive law and analyzes the barriers to legal compliance and global distributive justice in health. Other topics analyzed in this book include: intellectual property and international human rights, and the extent to which the philosophy and structure of each of these normative systems furthers the goal of distributing benefits equitably and globally; the use of strong and original normative landmarks to justify relying on a cosmopolitan approach to global justice based on health needs; and the social, political, economic and legal obstacles and opportunities resulting from the commercialization of the quickly evolving field of genetics. Ultimately, the book exemplifies the groundwork needed to initiate policy discussions and to eventually undertake concrete changes to achieve international redistribution of the resources emerging from genetics. As such, it will be of great value to students and scholars interested in health, law, human rights and intellectual property.
A law professor draws from social and cultural theory to defend her idea that that intellectual property law affects the ability of citizens to live a good life and prohibits people from making and sharing culture.
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.
Intellectual Property Rights in a Networked World by Richard A. Spinello,Herman T. Tavani Pdf
Annotation Intellectual Property Rights in a Networked World: Theory and Practice is a collection of contributions offering fresh perspectives on the scope and future of intellectual property rights. Part 1 consists of a single essay that provides a broad overview of the main themes in intellectual property scholarship. The second section of this book presents several essays that are intended to deepen the reader's understanding of intellectual property theory and show how it can help us to grapple with the proper allocation of property rights in cyberspace.
In this pioneering book Madhavi Sunder calls for a richer understanding of the effects ofintellectual property law on social and cultural life. Although most scholarship on intellectual property considers this law as it relates to economics, it is first and foremost a tool for promoting innovative products, from iPods to R2D2. More than incentivizing the production of more goods, intellectual property law fundamentally affects the ability of citizens to live a good life. It governs the abilities of human beings to make and share culture, and to profit from this enterprise in a global Knowledge economy. This book turns to social and cultural theory to more fully explore the deep connections between cultural production and human freedom.
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.
Foundations of Intellectual Property by Robert P. Merges,Jane C. Ginsburg Pdf
This book is meant to provide a ... collection of commentaries on the topic of intellectual property. [The] goal has been to bring together ... influential writings on patent, copyright, trademark and design protection, beginning with early material from the seventeenth century and continuing into the contemporary law review literature. -Pref.
The Cambridge Handbook of Intellectual Property and Social Justice by Steven D. Jamar,Lateef Mtima Pdf
Protection for intellectual property has never been absolute; it has always been limited in the public interest. The benefits of intellectual property protection are meant to flow to everyone, not just a limited population of creators and the corporations that represent them. Given this social-utility function, intellectual property regimes must address issues of access, inclusion, and empowerment for marginalized and excluded groups. This handbook defines an approach to considering social justice in intellectual property law and regulation. Top scholars in the field offer surveys of social justice implementation in patents, copyright, trademarks, trade secrets, rights of publicity, and other major IP areas. Chapters define Intellectual Property Social Justice theory and include recommendations for reforming aspects of IP law and administration to further social justice by providing better access, more inclusion, and greater empowerment to marginalized groups.
Trademark Law and Theory by Graeme B. Dinwoodie,Mark D. Janis Pdf
Boasting an impressive list of contributors, this first edition of Trademark Law and Theory brings together a compilation of well-written and powerfully argued works by leading international academics. The book is certainly one of the most extensive and thought provoking overviews of contemporary trademark law and theory yet to be published. . . Whilst all the contributions share in common their examination of the rapidity of change within trademark systems, the editors should be commended on their generous seasoning of other cross cutting themes throughout the Handbook. . . This fascinating compendium enriches our understanding of the shape, substance, and form of trademark law and theory. . . this Handbook is perhaps a rare exception to the adage that no book can be all things to all men . Its broad sweep approach and cross cutting themes enable a range of interested parties, such as policymakers; academics in the fields of marketing, business, consumer psychology; in addition to the usual suspects; to dip in and out of the Handbook as they wish. . . a unique and erudite collection of essays concerning trademark law and theory. . . Odette Hutchinson, Communications Law Trademarks is an area of vital, practical everyday concern, and the idea of producing a volume that brings together the perspectives of 19 thoughtful and experienced legal scholars is a bold and exciting initiative. The present volume does not disappoint and the two editors are to be congratulated on orchestrating an ensemble that simultaneously informs and stimulates. The title is apt: it is truly contemporary and is highly theoretical and doctrinal in character, while the interesting choice of the word handbook suggests clearly that this is a work in progress, a snapshot at a particular time of the challenging lines of individual research that each contributor to the volume is undertaking. It is a fine addition to a larger series of research handbooks in intellectual property published by Edward Elgar under the series editorship of Jeremy Phillips. . . The editors have done a fine job in presenting this material in such a clear and coherent fashion. . . this is an excellent and rewarding volume of readings that will be of interest to anyone working in the area of trademarks, whether as an academic or as a practitioner. Indeed, for the practitioner it will be of particular value, in that it contains, and opens up, many areas of inquiry that may not always be apparent when working at the coalface of a particular problem. . . For both kinds of readers, the real value of the volume is to have so many different kinds of perspectives brought together within the space of a single volume. . . this is a handsome production: the publishers and editors are to be commended on the clarity and cleanness of the typeface and headings, the thoroughness of the index, and the accuracy of their proof reading. It has also been given a striking and evocative cover. Sam Ricketson, University of Melbourne Law School Australia, European Intellectual Property Review Trademark Law and Theory is a first-rate exploration of the issues that will dominate trademark law in the 21st century. Authors from five continents provide a truly global perspective on the present and future of trademark law. An exceptional collection of contributors and contributions. Robert Denicola, University of Nebraska, US This compendium is an excellent source of writing on all aspects of trademark law and practice by experts from Europe, the United States, South Africa, Singapore, New Zealand and Australia. It will be a stimulating read for lawyers, academics, students and policymakers alike on the present and developing trends in law and policy relating to trademarks as marketing tools and cultural artefacts. The editors deserve congratulation on their concept for the book and their judicious selection of material. David Vaver, University of Oxford, UK All students, young and older, in the burgeoni
Intellectual Commons and the Law by Antonios Broumas Pdf
‘With clarity and sophistication, Antonios Broumas presents a bold new theory of intellectual commons and powerful arguments for a new body of supportive law. This book not only reveals the misleading logic of intellectual property law in our time; it reveals the rich possibilities for constructive change that legally protected commoning can bring. Highly recommended!’ — David Bollier, Director, Reinventing the Commons Program, Schumacher Center for a New Economics. ‘Liberating the Intellectual Commons from the fetters of capital accumulation and appropriation, would give us a renaissance of creative energies and empowered communities: exactly what the world needs to move away from the social and ecological devastations of our times. This book is a thoughtful and compelling argument for making this possible through the works of the law and the redesign of public domain as a common space.’ — Massimo De Angelis, Professor of Political Economy and Social Change, Co-director of the Centre for Social Justice and Change, University of East London. ‘In this pioneering book, Antonios Broumas argues that philosophically, morally, politically and economically we are in urgent need of a new legal regime that recognizes the intellectual commons, peer production and sharing as the primary practices of intellectual production, distribution and consumption. I cannot imagine a more urgent task today. A legally protected intellectual commons will lead to greater scientific and cultural innovation and creativity and will lead to an urgently needed second Enlightenment. This book should be read by lawyers, critical theorists, economists and the many professionals of science, culture and the academy.’ — Costas Douzinas, Professor of Law, Birkbeck, University of London. ‘Antonios Broumas’ book is an excellent critical analysis of the cultural commons and a must-read for everyone interested in understanding what the commons, the cultural commons, and the digital commons are all about. This work brilliantly outlines the foundations of an empirically grounded critical theory of the commons and the cultural commons in the context of the interactions of law and society.’ — Christian Fuchs, Professor of Media and Communication Studies, author of Communication and Capitalism: A Critical Theory (2020). ‘Broumas takes us on a spellbinding tour of how and why the law could and should change to accommodate the creative multitude, which engages into an emerging mode of production. He tells a vibrant story that makes us shout: “Lawmakers of the world, unite!”’ — Vasilis Kostakis, Professor of P2P Governance, Tallinn University of Technology, Faculty Associate at Harvard Law School. At the cutting edge of contemporary wealth creation people form self-governed communities of collaborative innovation in conditions of relative equipotency and produce resources with free access to all. The emergent intellectual commons have the potential to commonify intellectual production and distribution, unleash human creativity through collaboration and democratise innovation with wider positive effects for our societies. Contemporary intellectual property laws fail to address this potential. We are, therefore, in pressing need of an institutional alternative beyond the inherent limitations of intellectual property law. This book offers an overall analysis of the moral significance of the intellectual commons and outlines appropriate modes for their regulation. Its principal thesis is that our legal systems are in need of an independent body of law for the protection and promotion of the intellectual commons, in parallel to intellectual property law. In this context, the author of the book proposes the reconstruction of the doctrine of the public domain and the exceptions and limitations of exclusive intellectual property rights into an intellectual commons law, which will underpin a vibrant non-commercial zone of creativity and innovation in intellectual production, distribution and consumption alongside commodity markets enabled by intellectual property law.
