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Lockean justifications of intellectual property

In Axel Gosseries, Alain Marciano & Alain Strowel (eds.), Intellectual Property and Theories of Justice. Basingstoke & N.Y.: Palgrave McMillan. pp. 29--56 (2008)

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  1. Agrobiodiversity Under Different Property Regimes.Cristian Timmermann & Zoë Robaey - 2016 - Journal of Agricultural and Environmental Ethics 29 (2):285-303.
    Having an adequate and extensively recognized resource governance system is essential for the conservation and sustainable use of crop genetic resources in a highly populated planet. Despite the widely accepted importance of agrobiodiversity for future plant breeding and thus food security, there is still pervasive disagreement at the individual level on who should own genetic resources. The aim of the article is to provide conceptual clarification on the following concepts and their relation to agrobiodiversity stewardship: open access, commons, private property, (...)
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  • On Water Drinkers and Magical Springs: Challenging the Lockean Proviso as a Justification for Copyright.Maxime Lambrecht - 2015 - Ratio Juris 28 (4):504-520.
    Does intellectual property satisfy the requirements of the Lockean proviso, that the appropriator leave “enough and as good” or that he at least not “deprive others”? If an author's appropriation of a work he has just created is analogous to a drinker “taking a good draught” in the flow of an inexhaustible river, or to someone magically “causing springs of water to flow in the desert,” how could it not satisfy the Lockean proviso?
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  • Is the Non-rivalrousness of Intellectual Objects a Problem for the Moral Justification of Economic Rights to Intellectual Property?Jukka Varelius - 2015 - Science and Engineering Ethics 21 (4):895-906.
    It is often argued that the fact that intellectual objects—objects like ideas, inventions, concepts, and melodies—can be used by several people simultaneously makes intellectual property rights impossible or particularly difficult to morally justify. In this article, I assess the line of criticism of intellectual ownership in connection with a central category of intellectual property rights, economic rights to intellectual property. I maintain that it is unconvincing.
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  • Limiting and facilitating access to innovations in medicine and agriculture: a brief exposition of the ethical arguments.Cristian Timmermann - 2014 - Life Sciences, Society and Policy 10 (1):1-20.
    Taking people’s longevity as a measure of good life, humankind can proudly say that the average person is living a much longer life than ever before. The AIDS epidemic has however for the first time in decades stalled and in some cases even reverted this trend in a number of countries. Climate change is increasingly becoming a major challenge for food security and we can anticipate that hunger caused by crop damages will become much more common. -/- Since many of (...)
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  • The Type-Token Distinction and Four Problems with Propertarian IP Justifications.Wojciech Gamrot - 2022 - Axiomathes 32 (6):1047-1059.
    Propertarian justifications of intellectual property postulate the appropriation of various entities, often called patterns, designs, or technologies. These must be immaterial and should not be confused with material structures that embody them. Hence two classes of objects are distinguished. It is convenient to refer to them as types and tokens. The type must involve a condition defining which material structures should be considered its tokens. For an IP regime to be economically meaningful one must necessarily appropriate types in a way (...)
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  • Property rights of personal data and the financing of pensions.Francis Cheneval - 2021 - Critical Review of International Social and Political Philosophy 24 (2):253-275.
    Property rights of personal data have been advocated for some time. From the perspective of economics of law some argued that they could lower transaction costs for contracts involving personal data. This may be the case, but new transaction costs are introduced by propertization and the issue has not been settled. In this paper, I focus on a different and potentially more important aspect. In the actual situation, data collectors externalize costs and internalize benefits. An ownership regime that enables every (...)
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  • Property Rights in Non‐rival Goods.Bryan Cwik - 2016 - Journal of Political Philosophy 24 (4):470-486.
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  • On (the Burdens of) Securing Rights to Access Information.Jonathan Trerise - 2014 - Journal of Information Ethics 23 (1):42-54.
    Some might argue that a right to access information is problematic, as it requires too much from others. Being a "positive right," the possession of which foists upon others a duty to provide something, an RAI might be thought to contrast with a "negative right," such as the right not to be harmed. Here, other people have duties only to refrain from performing certain actions. The critics this paper is concerned with continue that positive rights are problematic, where negative rights (...)
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  • Is the Expiration of Intellectual Property Rights a Problem for Non-consequentialist Theories of Intellectual Property?Jukka Varelius - 2014 - Res Publica 20 (4):345-357.
    The expiration of intellectual property rights has been seen to amount to a problem for non-consequentialist theories of intellectual property. In this article, I assess whether the difficulty is real. I maintain that, as things are at least, there is no sufficient reason to believe that the termination of intellectual property rights is an insurmountable problem for non-consequentialist theories of intellectual property rights.
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  • Alienation from the Objectives of the Patent System: How to Remedy the Situation of Biotechnology Patent.Li Jiang - 2019 - Science and Engineering Ethics 25 (3):791-811.
    Some fundamental biotechnologies hold unprecedented potential to eradicate many incurable diseases. However, in absence of regulations, the power of patent makes the future use of some important biotechnology in few institution’s hands. The excessive patents restrict researcher access to the fundamental technologies. It generates concerns and complaints of deteriorating the public health and social welfare. Furthermore, intellectual curiosities, funding, respect among colleagues etc., rather than patents, are the real motivations driving a major ground-breaking discoveries in biotechnology. These phenomena reveal that (...)
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