A Philosophy of Intellectual PropertyAre 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. |
Contents
Justifying Intellectual Property | |
Conclusion | |
Locke Labour and the Intellectual Commons | |
The Intellectual Commons | |
The State Civil Society and Intellectual | |
Conclusion | |
Marxs Story | |
Ideology Theory | |
The Tasks of Intellectual Property | |
Conclusion | |
Property Opportunity and Selfinterest | |
The Power of Abstract Objects | |
Creativity and the Intellectual | |
Conclusion | |
The Spirit of Intellectual Property | |
The Justice of Information | |
For Instrumentalism Against | |
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Common terms and phrases
abstract objects actors analysis argues argument Australian Cambridge capitalist chapter chose in action civil society claim common law competition concept context Copyright Law creative labour depends discussion distinction distribution duties economic example existence freedom function G.A. Cohen G.W.F. Hegel global Grotius Hegel human capital idea important individual institutions instrumentalism intellectual commons intellectual property law intellectual property rights interests invention John Locke Journal Karl Marx kind knowledge Law Review liberty Locke Locke's London Marx Marx's mechanism metaphysical monopoly moral natural law natural rights negative community negative liberty normative original position ownership Oxford patent system perfect competition personality Philosophy physical objects political positive community possible private property privilege problem production proprietarianism protection Pufendorf rational Rawls relations rights in abstract role Roman law social sovereignty strategy suggests theory of justice theory of property things threat power trade York