Expression suggested by peter drahos in his book a philosophy of intellectual property, applied legal philosophy series, dartmouth, 1996, 676 although locke was concerned with the notion of property and paid scant attention to intellectual property, his general theory has been of such ov erwhelming importance that it is an appropriate. After colonization, indigenous people faced an extractive property rights regime for both their land and knowledge. Intellectual property law other bibliographies cite. Chapter 5 intellectual property rights in cyberspace. Drahos safely predicts that the increasing scope of private ownership of abstract. It is not simply a history of the philosophy of intellectual property, but presents drahos own understanding and model of an underlying philosophical framework.
Emancipating intellectual property from proprietarianism. Intellectual property ip is a category of property that includes intangible creations of the human intellect. Constructing intellectual property by alexandra george. Examining drahos quasigenealogy of ip in his book, a philosophy of intellectual property drahos2016, this.
A philosophy of intellectual property crc press book. It provides essays covering key issues including the international relations of global intellectual propertization, the trips agreement and the tying of intellectual property issues to international trade negotiations, contentions that global intellectual propertization is a form of postcolonial neoimperialism, globalizations effects on. Examining drahos quasigenealogy of ip in his book, a philosophy of intellectual property drahos2016, this paper demonstrates that, despite falling. Others explore the philosophy of intellectual property from reward and incentive, or even from a strict contractarian, perspective. The european unions intellectual property rights activism in australias and new zealands sphere of influence in p. Other readers will always be interested in your opinion of the books youve read. Dr georges analysis reveals that the term intellectual property is a metonym for the cultural and societal rules and norms including underexamined, even forgotten, assumptions that foster and reward human innovation. Next, the article highlights a key settlement in the history of intellectual property law and international trade. Examining drahos quasigenealogy of ip in his book, a philosophy of intellectual property drahos 1996 2016, this paper demonstrates that, despite falling short of foucauldian genealogy, drahos confirms the usefulness of such a genealogy as one of the tools in analyzing regimes beyond those which were the specific subject of study by. A search query can be a title of the book, a name of the author, isbn or anything else. He is professor of law and governance at the european university institute, florence. Justificatory theories for intellectual property viewed. A philosophy of intellectual property by peter drahos, applied.
Intellectual property, indigenous people and their knowledge. We should adopt an instrumentalist approach to intellectual property and reject a proprietarian approach an approach which emphasizes the. Brookfield, usa wikipedia citation please see wikipedias template documentation for further citation fields that may be required. Early precursors to some types of intellectual property existed in societies such as ancient rome. A philosophy of intellectual property by peter drahos. The development of the trips agreement on intellectual property is one story of nodal governance that blurs the line between public and private spheres and has global consequences. For a long time, international discussions about intellectual property have been based on a premise that protecting intellectual property rights is beneficial to economic development and social good. Aug 01, 2019 a philosophy of intellectual property drahos pdf this long awaited book by peter drahos is quite deliberately entitled a philosophy of intellectual property. The author argues that lying at the heart of intellectual property are dutybearing privileges. It also demonstrates why nodal governance is neither necessarily democratic nor a method that secures more goods than bads for the population as a whole. Intellectual property law thus constructs its own objects of regulation and it does so through the application of a collection of core concepts. The theoretical accounts of both john rawls and robert nozick provide an excellent ethical framework from which such questions can be clarified.
I do not remember signing the contract, but i suspect i paid little attention to its terms. This bibliography was generated on cite this for me on monday. Expression suggested by peter drahos in his booka philosophy of intellectual property, applied legal philosophy series, dartmouth, 1996, 676 although locke was concerned with the notion of property and paid scant attention to intellectual property, his general theory has been of such ov erwhelming importance that it is an appropriate. It argues that intellectual property is a body of rules, created by the legal system, that regulate the documented forms of abstract objects, which are also defined into existence by the legal system. A philosophy of intellectual property applied legal philosophy peter drahos download bok. Pdf a philosophy of intellectual property researchgate. In 1959 eleanor roosevelt asked why the us had suffered a decline in its stature and. Meaning and importance of intellectual property philosophy. A philosophy of intellectual property applied legal. Sep 15, 2019 it is not simply a history of the philosophy of. Drahos work from a foucauldian perspective, but also in pointing out potential responses to the high demands of strictly applying foucauldian genealogy. A philosophical analysis of intellectual property usf scholar. Intellectualism denotes the use, development, and exercise of the intellect.
A philosophy of intellectual property applied legal philosophy. Johnson, stephen, guide to intellectual property 2015 ebook drahos, peter, a philosophy of intellectual property 2016 ebook mcjohn, stephen m. Jul 28, 2005 the development of the trips agreement on intellectual property is one story of nodal governance that blurs the line between public and private spheres and has global consequences. The book is designed to be accessible to specialists in a number of fields. A philosophy of intellectual property 1st edition peter. A philosophy of intellectual property, peter drahos, aldershot, uk. Reference to lockes two treatises of government is almost obligatory in essays on the constitutional aspects of property. There are many types of intellectual property, and some countries recognize more than others. Peter drahos classic work on intellectual property, a philosophy of intellectual property is now available in digital format, free of charge from anu epress.
We should adopt an instrumentalist approach to intellectual property and reject a proprietarian approach an approach which emphasises the connection between labour and property rights. About a philosophy of intellectual property are intellectual property rights like other property rights. The south african approach 2012 sa merc lj 177193 epstein. Peter drahos, a philosophy of intellectual property, dartmouth pub co, 1996 6. Pdf a philosophy of intellectual property law researchgate. Peter drahos is an emeritus professor in the regulatory institutions network regnet, college of asia and the pacific, at the australian national university, canberra and holds a chair in intellectual property at queen mary, university of london.
National library of australia cataloguinginpublication entry. To what extent can developing countries influence outcomes in the international intellectual property standardsetting. Hegels philosophy of right the following guidelines concerning the proper shape of an intellectualproperty system. These are the sources and citations used to research intellectual property law. In the field of philosophy, intellectualism occasionally is synonymous with rationalism, that is, knowledge mostly derived from reason and ratiocination.
A philosophy of intellectual property drahos pdf this long awaited book by peter drahos is quite deliberately entitled a philosophy of intellectual property. Examining intellectual property rights, innovation and technology within the caricom single market and economy by abiola inniss llm, demontfort university, 2007 dissertation submitted in partial fulfillment of the requirements for the degree of doctor of philosophy public policy and administration law and public policy walden university. Munzer ed, new essays in the legal and political theory of property, cambridge university press 2000 peter drahos, a philosophy of intellectual property, dartmouth publishing co. It is not simply a history of the philosophy of intellectual property, but presents drahos\u27 own understanding and model of. Professor peter drahos is an australian academic and researcher specializing in the areas of intellectual property and global business regulation amongst others. Dissertation submitted in partial fulfillment of the requirements for the degree of doctor of philosophy public policy and administration law and public policy walden university november 2017. He is the director of the centre for governance of knowledge and development and was formerly the head of program of the regulatory institutions network at the australian national university. 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.
A philosophy of intellectual property argues that lying at the heart of intellectual property are dutybearing. I argue that these approaches all fail on at least one of three counts. Peter drahos, a philosophy of intellectual property, dartmouth, aldershot, 1996, 257 pp. As the concept of intellectual property has gained importance even the concept of intellectual property protection has also gained importance. Zalerts allow you to be notified by email about the availability of new books according to your search query. Peter drahos regnet, research school of social sciences, australian national university. Developing countries and international intellectual. The moral justification of intellectual property is often called into question when placed in the context of pharmaceutical patents and global health concerns. Peter drahos, a philosophy of intellectual property, dartmouth.
Whether youve loved the book or not, if you give your honest and detailed thoughts then people will find new books that are right for them. Philosophy of intellectual property incentives, rights and duties. Buy a philosophy of intellectual property applied legal philosophy 1 by drahos, peter isbn. It is not simply a history of the philosophy of intellectual property, but presents drahos \u27 own understanding and model of an underlying philosophical framework. A philosophy of intellectual property download link. This long awaited book by peter drahos is quite deliberately entitled \u27a\u27 philosophy of intellectual property.
First, several wellsubscribed international treaties create international standards for what counts as intellectual property. Intellectual property articles and books moore, adam daniel intellectual property and information control 2001, 2004 by adam d. A philosophy of intellectual property peter drahos. The case against a moral right to intellectual property. As is generally the case with this kind of book it was priced for. Constructing intellectual property benefits from dr georges skilled, thoughtful, and clear approach to the subject. Intellectual property and public policy in historical.
Finally, there is a statutory right for databases which is based on the substantial investment made in them. Peter drahos, the universality of intellectual property rights. In determining whether the law of intellectual property reflects general theories of property, one should keep in mind what the theory of intellectual property should be, and determine from that what the law should be. It will interest philosophers, political scientists, and legal scholars. Nodal governance by scott burris, peter drahos, clifford. Translated by professor zhou lin of the chinese academy of social sciences. The consequences of creating property rights in such objects are farreaching. Intellectual property itself could be defined as new ideas and techniques, and new discoveries etc.
Developing countries and international intellectual property standardsetting peter drahos i. Origins and development, in intellectual property and human rights world intellectual property organization wipo office of. The publisher has given permission for electronic publication of this paper. I do not remember signing the contract, but i suspect i paid. Literature intellectual property is common property.
Perhaps this is just to say that the philosophy of intellectual property is. Chinese translation with a new introduction published by the commercial press, beijing, 2008. Intellectual property, indigenous people and their. Examples and explanations 2015 in open reserve area on the first floorcall no. While nozick upholds an individuals right to intellectual property, based upon its. The most wellknown types are s, patents, trademarks, and trade secrets. Introduction lying at the heart of this article is a simple question.
A philosophy of intellectual property argues that lying at the heart of intellectual property are dutybearing privileges. Drahos, places the property rights of creators and inventors at the forefront when offering a justification for iprs, when creating new laws. We should adopt an instrumentalist approach to intellectual property and reject a proprietarian approach an approach which emphasises the. Intellectual property and the pharmaceutical industry. For locke, property was a foundation for an elaborate vision that opposed an absolute and irresponsible monarchy. This book outlines that regime, and how the symbolic function of international intellectual property continues today to assist states to enclose indigenous peoples knowledge. Text, cases, and materials of private information, which has developed from the protection of confi dential information, and off ers a narrow privacy right. Justin hughes, the philosophy of intellectual property, 77 geo. Ciro t the scarcity of intellectual property 2005 jilt 121 drahos a philosophy of intellectual property drahos p a philosophy of intellectual property ashgate publishing aldershot 1996 du bois 2012 sa merc lj du bois m intellectual property as a constitutional property right. Examining intellectual property rights, innovation and. More and more of the worlds knowledge and information is under the control of intellectual property owners.
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