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Personality-Based, Rule-Utilitarian, and Lockean Justifications of Intellectual Property

Page history last edited by Riela Isabel Antonio 15 years, 1 month ago

 

Chapter: Personality-Based, Rule-Utilitarian, and Lockean Justifications of Intellectual Property

Quote:

In terms of “justification,” modern Anglo-American systems of intellectual property are typically modeled as rule-utilitarian.21 It is argued that adopting the systems of copyright, patent, and trade secret, leads to an optimal amount of intellectual works being produced and a corresponding optimal amount of social utility. These systems or institutions are not comprised by mere rules of thumb. In particular cases, conferring rights to authors and inventors over their intellectual products may lead to bad consequences. Justification, in terms of social progress, occurs at the level of the system or institution. Granting a copyright to Smith and Jones, for example, may not maximize overall social utility, but the system as a whole may yield a better outcome when compared to other systems.

What I expect to learn:

To define justification in intellectual property

Review:                    

Intellectual property is taking ownership something we thought of which is actually granted already knowing that you are the person who thought of it, thus, made you the owner. If in  case you did not get my point, this is what the good old Wikipedia stated as its definition: Intellectual property (IP) are legal property rights over creations of the mind, both artistic and commercial, and the corresponding fields of law. Under intellectual property law, owners are granted certain exclusive rights to a variety of intangible assets, such as musical, literary, and artistic works; ideas, discoveries and inventions; and words, phrases, symbols, and designs. Common types of intellectual property include copyrights, trademarks, patents, and trade secrets. The majority of intellectual property rights provide creators of original works economic incentive to develop and share ideas through a form of temporary monopoly. While credited with significant contributions to modern economic growth, some have criticised the expansion in nature and scope of IP laws. Although many of the legal principles governing intellectual property have evolved over centuries, it was not until the 19th century[citation needed] that the term intellectual property began to be used as a unifying concept.

What I learned:

·         Definition of intellectual property

·         PERSONALITY-BASED JUSTIFICATIONS OF INTELLECTUAL PROPERTY

·         Problems for Personality-Based Justifications of Intellectual Property

·         The Personality Theorists’ Rejoinder

·         THE RULE-UTILITARIAN INCENTIVES BASED ARGUMENT FOR INTELLECTUAL PROPERTY

·         Problems for the Rule-Utilitarian Incentives Based Argument

·         Alternatives to Patents

·         Alternatives to Copyrights

·         Trade Secret and Social Utility

·         Long-Term Benefits

·         The Utilitarian Rejoinder

·         THE LOCKEAN JUSTIFICATION OF INTELLECTUAL PROPERTY

·         A Pareto-Based Proviso

·         Bettering, Worsening, and the Baseline Problem

Integrative Questions:            

1.    What is an intellectual property?

2.    Can you sell intellectual property?

3.    What is rule-utilitarian?

4.    What are the alternatives to patents?

5.    What are the alternatives to copyright?

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