Defenders of intellectual property rights argue that these rights are justified because creators and inventors deserve compensation for their labour, because their ideas and expressions are their personal property and because the total amount of creative work and innovation increases when inventors and creators have a prospect of generating high income through the exploitation of their monopoly rights. This view is not only widely accepted by the general public, but also enforced through a very effective international legal (...) framework. And it is endorsed by most academic researchers and commentators in this field. In this essay, I will show that the classical arguments for the justification of private intellectual property rights can be contested, and that there are many good reasons to abolish intellectual property rights completely in favour of an intellectual commons where every person is allowed to use every cultural expression and invention in whatever way he wishes. I will first give a short overview of the classical arguments for the justification of intellectual property as they are usually stated. We will then discuss the question of whether the creator or inventor deserves his de jure monopoly, by using John Christman’s categories of income and control rights to analyse property rights. The aim here is to show that it does not make sense to create control rights for abstract objects, as they are not scarce, and that there is no logical connection between the surplus which may be generated through income rights and the labour which has been put into a cultural artefact or an invention, and therefore it is not justified to grant monopoly rights on the basis of Lockean natural rights arguments for self-ownership and the just appropriation of worldly resources. As it is possible to reject Christman’s property rights categories, I will then go on to show on the basis of Richard Dawkins’ postulation of the ‘meme’ and Ludwik Fleck’s theory of the ‘thought collective’ that creative processes should be interpreted as interpersonal or collective processes, and therefore it is not justified to grant intellectual property rights to individuals on the basis of the idea that the individual who has put labour into the creative work or the invention should be the one to whom the contents of the work belong exclusively. As it is still possible to postulate the utilitarian argument that intellectual property rights are just because they increase the amount of creative works and inventions, I will argue in the last chapter that, from a libertarian as well as from an egalitarian point of view, the justification of intellectual monopoly rights on utilitarian grounds cannot be maintained. Therefore it is time to abolish the current global intellectual property law regime in favour of an intellectual commons for the good of all human beings and societies. (shrink)

An argument for the elective abolition of Intellectual Property Rights (IPR). The premise is that IPR law is a form of slavery to Capital, for authors and for artists. The ontological reduction of IPR is part and parcel of the "Proof of Concept" phase for a PhD dissertation project, dating to September 2021, entitled Works for Works: "No Rights".

The new frontiers in the philosophy of intellectual property lie squarely in territories belonging to moral and political philosophy, as well as legal philosophy and philosophy of economics – or so this collection suggests. Those who wish to understand the nature and justification of intellectual property may now find themselves immersed in philosophical debates on the structure and relative merits of consequentialist and deontological moral theories, or disputes about the nature and value of privacy, or the (...) relationship between national and global justice. Conversely, the theoretical and practical problems posed by intellectual property are increasingly relevant to bioethics and philosophy and public policy, as well as to more established areas of moral and political philosophy. Perhaps this is just to say that the philosophy of intellectual property is coming into its own as a distinct field of intellectual endeavour, providing a place where legal theorists and philosophers can have the sorts of discussions - neither reducible to questions about what the law is, nor wholly divorced from contemporary legal problems - which typify debates about freedom of expression, discrimination and human rights. These are all areas in which legal and philosophical ideas influence each other at the level of method as well as of substance. My hope is that this collection of essays will appeal to those who, whatever their professional specialty or training, share an interest in the philosophy of intellectual property, and that it will build upon and advance existing interdisciplinary dialogue and research in this complex, fascinating, and important area. Authors include John Christman, Stephen Munzer, Alex Rosenberg, Geert Demunijck, Laura Biron, James Wilson . (shrink)

This paper delves into the nature of intellectual property rights in aesthetic creations, particularly works of visual art and literary works. The discussion focuses on copyrights interests, but there are also implications for trademark and patent rights. The argument assumes a fairly conventional definition of "property," namely, the set of legal relations between the owner and all other persons relating to the use, enjoyment and disposition of a tangible thing. The problem with such a definition as applied (...) to aesthetic creations is that no ordinary tangible thing necessarily embodies a creation which can exist in multiple copies, so the paper takes the transcendent view that the tangible thing subject to legal relations is the entire terra firma or material universe being shaped in the image, sounds or words of the aesthetic creation. Therefore, the paradigm suggested for intellectual property is a monopoly on shaping the entire physical universe, thus the Worldmaking concept. It then follows that intellectual property in an aesthetic creation enables the owner to stop plagiarists from using any part of the material world to recreate in the audience the imaginative experiences first created by the protected work. (shrink)

Are intellectual property rights for talented people justified by Rawls’ criteria of justice? In this paper, I argue that Rawls’ theory of justice is ill-equipped to answer this question. Tailored for rival goods and, as a result, centred on the distribution of benefits, it tends to restate questions of justice about unequal rights as questions about economic inequalities. Therefore, it lacks the tools necessary to distinguish among different forms of incentives for talented people. Once social and economic (...) inequalities observe equality of opportunity and improve the least advantaged, the theory is indifferent as to whether talented people are allowed to compete for monopoly rights or for direct financial reward. (shrink)

The scope and type of property rights recognized over the effectiveness of antibiotics have a direct effect on how those claiming ownership engage in the exploitation and stewardship of this scarce resource. We examine the different property claims and rights the four major interest groups are asserting on antibiotics: (i) the inventors, (ii) those demanding that the resource be treated like any other transferable commodity, (iii) those advocating usage restrictions based on good stewardship principles and (iv) those considering (...) the resource as common heritage of humankind. (shrink)

This essay examines the metaphysical foundation of Leibniz’s theory of space against the backdrop of the subtantivalism/relationism debate and at the ontological level of material bodies and properties. As will be demonstrated, the details of Leibniz’ theory defy a straightforward categorization employing the standard relationism often attributed to his views. Rather, a more careful analysis of his metaphysical doctrines related to bodies and space will reveal the importance of a host of concepts, such as the foundational role of (...) God, the holism of both geometry and the material world’s interconnections, and the viability and adequacy of a property theory in characterizing his natural philosophy of space. (shrink)

: Decisions about funding health services are crucial to controlling costs in health care insurance plans, yet they encounter serious challenges from intellectual property protection—e.g., patents—of health care services. Using Myriad Genetics' commercial genetic susceptibility test for hereditary breast cancer (BRCA testing) in the context of the Canadian health insurance system as a case study, this paper applies concepts from social contract theory to help develop more just and rational approaches to health care decision making. Specifically, Daniels's (...) and Sabin's "accountability for reasonableness" is compared to broader notions of public consultation, demonstrating that expert assessments in specific decisions must be transparent and accountable and supplemented by public consultation. (shrink)

Sensibility, in any of its myriad realms – moral, physical, aesthetic, medical and so on – seems to be a paramount case of a higher-level, intentional property, not a basic property. Diderot famously made the bold and attributive move of postulating that matter itself senses, or that sensibility (perhaps better translated ‘sensitivity’ here) is a general or universal property of matter, even if he at times took a step back from this claim and called it a “supposition.” (...) Crucially, sensibility is here playing the role of a ‘booster’: it enables materialism to provide a full and rich account of the phenomena of conscious, sentient life, contrary to what its opponents hold: for if matter can sense, and sensibility is not a merely mechanical process, then the loftiest cognitive plateaus are accessible to materialist analysis, or at least belong to one and the same world as the rest of matter. This was noted by the astute anti-materialist critic, the Abbé Lelarge de Lignac, who, in his 1751 Lettres à un Amériquain, criticized Buffon for “granting to the body [la machine, a common term for the body at the time] a quality which is essential to minds, namely sensibility.” This view, here attributed to Buffon and definitely held by Diderot, was comparatively rare. If we look for the sources of this concept, the most notable ones are physiological and medical treatises by prominent figures such as Robert Whytt, Albrecht von Haller and the Montpellier vitalist Théophile de Bordeu. We then have, or so I shall try to sketch out, an intellectual landscape in which new – or newly articulated – properties such as irritability and sensibility are presented either as an experimental property of muscle fibers, that can be understood mechanistically (Hallerian irritability, as studied recently by Hubert Steinke and Dominique Boury) or a property of matter itself (whether specifically living matter as in Bordeu and his fellow montpelliérains Ménuret and Fouquet, or matter in general, as in Diderot). I am by no means convinced that it is one and the same ‘sensibility’ that is at issue in debates between these figures (as when Bordeu attacks Haller’s distinction between irritability and sensibility and claims that ‘his own’ property of sensibility is both more correct and more fundamental in organic beings), but I am interested in mapping out a topography of the problem of sensibility as property of matter or as vital force in mid-eighteenth-century debates – not an exhaustive cartography of all possible positions or theories, but an attempt to understand the ‘triangulation’ of three views: a vitalist view in which sensibility is fundamental, matching up with a conception of the organism as the sum of parts conceived as little lives (Bordeu et al.); a mechanist, or ‘enhanced mechanist’ view in which one can work upwards, step by step from the basic property of irritability to the higher-level property of sensibility (Haller); and, more eclectic, a materialist view which seeks to combine the mechanistic, componential rigour and explanatory power of the Hallerian approach, with the monistic and metaphysically explosive potential of the vitalist approach (Diderot). It is my hope that examining Diderot in the context of this triangulated topography of sensibility as property sheds light on his famous proclamation regarding sensibility as a universal property of matter. (shrink)

Theories of justice and intellectual property are vast topics in their own right. The contributions to this volume examine how they relate. How do our justifications for protecting intellectual property fare from an ethical perspective? Any attempt to tackle this question in a relatively short chapter like this one will have to be restricted in scope. My claims are limited in four ways. First, I concentrate on one kind of intellectual property protection, namely patents. (...) Second, the claims of justice put forward concentrate on one context of justice, namely the distribution of health goods. Third, the discussion of distributive issues concerning health is limited further in that I single out the distribution of drugs rather than, for instance, access to doctors or hospital services. Finally, I adopt a cosmopolitan perspective, emphasising inequalities in the access to drugs at the international rather than at the national level. (shrink)

The moral justification of intellectual property is often called into question when placed in the context of pharmaceutical patents and global health concerns. The theoretical accounts of both John Rawls and Robert Nozick provide an excellent ethical framework from which such questions can be clarified. While Nozick upholds an individuals right to intellectual property, based upon its conformation with Lockean notions of property and Nozicks ideas of just acquisition and transfer, Rawls emphasizes the importance of (...) basic liberties, such as an individuals right to health, superceding such secondary rights as intellectual property rights. From a policy perspective, patent protection for pharmaceutical products necessarily entails the balancing of corporate intellectual property interests and public interests in healthcare. The moral dilemma that occurs when these two interests clash is not easily resolved. Aside from corporate and public interests, the state maintains an interest in creating and preserving policies that regulate the moral dilemma itself. This paper analyzes the economic and ethical factors surrounding the production and distribution of the anti-HIV medication, AZT. Potential policy implications and recommendations are also discussed. (shrink)

Supporters of the Evaluative Judgment Theories of Emotion mainly explore emotions from the perspective of cognitive evaluation and advocate that emotions are evaluative judgments. The Perceptual Theories of Emotion have made some modifications to the evaluative judgment of emotions, attempting to propose better theories. The Perceptual Theories of Emotion advocate verifying the similarities between emotions and perceptions through analogical reasoning. However, the Perceptual Theories of Emotion also have their problems. Compared to the Evaluative Judgment Theories of Emotion and the Perceptual (...) Theories of Emotion, the Embodied Emotion Theory has significant advantages, mainly reflected in avoiding the drawbacks of over-intellectualize emotions by evaluative judgments; infants and animals can also understand emotions through non-conceptualized ways of self-awareness and understanding of social rules and norms; the core relational property of emotions revealed in the embodied emotion theory demonstrates the action orientation of emotions, connects the organism’s body and external environment, and integrates both biological and social aspects, further clarifying the complexity and diversity of emotions. (shrink)

Intellectual property has become the apple of discord in today’s moral and political debates. Although it has been approached from many different perspectives, a final conclusion has not been reached. In this paper I will offer a new way of thinking about intellectual property rights (IPRs), from a left-libertarian perspective. My thesis is that IPRs are not (natural) original rights, aprioric rights, as it is usually argued. They are derived rights hence any claim for intellectual (...) property is weaker than the correlative duties attached to self-ownership and world-ownership rights, which are of crucial importance in any left-libertarian view. Moreover, IPRs lack priority in front of these two original rights and should be overridden by stronger claims of justice. Thus, as derived rights, IPRs should not benefit of strong enforcement like any original rights especially if it could be in the latters’ detriment. (shrink)

Some of our beliefs are institutional; that is, beliefs whose content is to a large extent shaped by institutions, such as beliefs about intellectual property, trade policy, or traffic rules. In this chapter, we propose a novel account of institutional beliefs, as we call them. In particular, we argue that institutional beliefs are primarily attributable to social entities, such as groups or collectives, and only secondarily to individual agents. This is because institutional beliefs respond to specific problems that, (...) in principle, only collectives face. However, existing methodology in behavioural science primarily relies on eliciting beliefs through individual choice data, which presents challenges for empirically modelling our proposed concept of institutional beliefs. To address this challenge, we propose to speak of institutional beliefs attributable to individual agents as ‘qua beliefs’. That is, institutional beliefs attributable to individual agents acting qua members of certain institutionally shaped groups. Within this framework, individuals’ qua actions occur in a shared realm of problems that can only be addressed through collective efforts. The relationship between individuals and their groups can be rendered tractable under formalised conditions. Under these conditions, choice data collected from individuals need not obstruct the elicitation of institutional beliefs for empirical study at both the collective and the individual level. We refer to these conditions as “IS conditions”, which are developed based on the synthesis between an interpretationist understanding of mental states and standard models of revealed preference theory as used in experimental economics. For an illustration of how this approach can be operationalised experimentally, we direct our readers to chapter 10 of this volume, where an experimental study applied our account of institutional beliefs. (shrink)

Intellectual property (IP) can internalize positive externalities associated with the creation and discovery of ideas, thereby increasing investment in efforts to create and discover ideas. However, IP law also causes negative externalities. Strict IP rights raise the transaction costs associated with consuming and building on existing ideas. This causes a tragedy of the anticommons, in which valuable resources are underused and underdeveloped. By disincentivizing creative projects that build on existing ideas, IP protection, even if it increases original innovation, (...) can inadvertently reduce the rate of iterative innovation. The net effect of IP law on innovation and welfare depends on the relative magnitude of these positive and negative externalities. We argue that the current regime probably suffers from excessive, and excessively rigid, IP protection. This motivates the search for institutional alternatives and complements. We suggest that a monocentric IP rights regime may not be the only, or the most efficient, way to internalize the positive externalities of innovation. The knowledge economy supports the emergence of diverse, polycentric forms of bottom-up self-governance, both market and community led, that entail the citizen coproduction of the norms and practices of intellectual creation and discovery. (shrink)

The United States Fish and Wildlife Service in Alaska, USA, conducted a species status assessment for a petition to list the Alexander Archipelago wolf (Canis lupus ligoni) under the Endangered Species Act in 2020-2022. This federal undertaking could not be adequately prepared without including the knowledge of Indigenous People who have a deep cultural connection with the subspecies. Our objective is to communicate the authoritative expertise and voice of the Indigenous People who partnered on the project by demonstrating how their (...) knowledge contributed to the species status assessment. The Indigenous knowledge applied in the assessment is the cultural and intellectual property of those who have shared it. We employed rapid appraisal research to expeditiously develop a preliminary and qualitative understanding of Indigenous People's cultural and ecological knowledge of Alexander Archipelago wolves. We used semi-directed interviewing and inductive coding from grounded theory for text analysis. Indigenous knowledge contributed to the agency's understanding of the Alexander Archipelago wolf in Southeast Alaska and helped the agency with their classification decision. Indigenous research partners explained the rich cultural significance and position of wolves in Tlingit society and described human–wolf relationships and ecological interactions. The agency used a single-species assessment approach based in species ecology and conservation biology, whereas the Indigenous wolf experts applied a multi-species, community ecology approach based in a sociocultural context of balance and respect. The Indigenous wolf experts successfully addressed knowledge gaps identified by the agency. The partners were challenged by a short regulatory timeframe that did not allow for comprehensive study of Indigenous knowledge and constrained review and feedback by Indigenous experts. The United States Fish and Wildlife Service learned that its assessment framework was not designed to account for an Indigenous worldview. To level the playing field, the agency and Indigenous experts should discuss how to co-develop an assessment framework that equitably applies both perspectives. (shrink)

The objective of this article is to examine the implications of the intellectual property provisions in the US–Jordan Free Trade Agreement (US–JO FTA) and whether they serve as a template for other Arab countries who will be concluding free trade agreements with the USA. My claim in this article is that the intellectual property part of the US–JO FTA goes beyond the World Trade Organization Agreement and cannot form the right template for the proposed US–Middle East (...) FTA of 2013. The first section provides a brief introduction to the US–JO FTA. The second section provides a critical analysis of the FTA’s protection of trademarks, copyright and patents. The third and fourth sections discuss enforcement and implementation of the intellectual property provisions of the FTA. The final section provides a conclusion regarding the intellectual property provisions of the US–JO FTA and highlights an alternative template for the proposed US–Middle East FTA. (shrink)

The recent Covid-19 global health crisis not only brings into sharp relief the current problems afflicting the international intellectual property regime (IIPR) but also calls into question its legitimacy as an international authority. Against this backdrop, the article aims to launch an investigation into the legitimacy of the IIPR, as an international co-ordinative authority, designed to protect IP rights without prejudice to international trade norms. Drawing on Raz’s service conception of authority, it explores whether the IIPR lives up (...) to its promises by enabling co-ordination between states over IP rights without undermining the initial balance on which it is founded, struck between developing and developed countries, as well as between international protection of IP- cum-trade rights and domestic regulatory autonomy. It does so by classifying the historical evolution of the IIPR under three different phases: (i) its foundation, (ii) before, and (iii) after the TRIPS-plus. Upon showing the legitimacy challenges inherent in its undemocratic foundation, the article points to the success of the regime in finding a balance between conflicting interests before the TRIPS-plus era. Later, it underlines the many challenges that come with linking the IIPR to the investment regime and argues that the FTAs and frequent regime-shifting activities put further pressure on the authority and legitimacy of the regime. Stressing the importance of democratic participation for the legitimacy of any co-ordinative authority, the article casts doubt on the IIPR’s legitimacy and concludes by raising some points to overcome the ongoing legitimacy challenges. -/- . (shrink)

Andy Curzon replied (often quoting from the opening sections of Lester 2014, chapter 10) in an ongoing debate with Lee Waaks, which Mr Waaks forwarded (with approval) to the Libertarian Alliance Forum (27 February 2015). This response replies to the criticisms after directly quoting them (the indented text; except where Lester is occasionally quoted, as indicated). A few cuts have been made to avoid some repetition and irrelevance. However, just as Mr Curzon sometimes repeats his main points in slightly different (...) ways and contexts in the hope that some of them might prove cogent, so this reply does the same. The dialogue-like result seems to engage more directly and completely than producing a new stand-alone exposition. And some new arguments are even developed in the process. But the full nature of many of the criticisms and replies often only becomes clear as the “dialogue” proceeds. An addendum then rebuts two further brief critical responses in the same manner. (shrink)

A theory of property needs to give an account of the whole life-cycle of a property right: how it is initiated, transferred, and terminated. Economics has focused on the transfers in the market and has almost completely neglected the question of the initiation and termination of property in normal production and consumption (not in some original state or in the transition from common to private property). The institutional mechanism for the normal initiation and termination of (...) property is an invisible-hand function of the market, the market mechanism of appropriation. Does this mechanism satisfy an appropriate normative principle? The standard normative juridical principle is to assign or impute legal responsibility according to de facto responsibility. It is given a historical tag of being "Lockean" but the basis is contemporary jurisprudence, not historical exegesis. Then the fundamental theorem of the property mechanism is proven which shows that if "Hume's conditions" (no transfers without consent and all contracts fulfilled) are satisfied, then the market automatically satisfies the Lockean responsibility principle, i.e., "Hume implies Locke." As a major application, the results in their contrapositive form, "Not Locke implies Not Hume," are applied to a market economy based on the employment contract. It is shown the production based on the employment contract violates the Lockean principle (all who work in an employment enterprise are de facto responsible for the positive and negative results) and thus Hume's conditions must also be violated in the marketplace (de facto responsible human action cannot be transferred from one person to another—as is readily recognized when and employer and employee together commit a crime). (shrink)

Revised and reprinted in Handbook of Philosophical Logic, volume 10, Dov Gabbay and Frans Guenthner (eds.), Dordrecht: Kluwer, (2003). -- Two sorts of property theory are distinguished, those dealing with intensional contexts property abstracts (infinitive and gerundive phrases) and proposition abstracts (‘that’-clauses) and those dealing with predication (or instantiation) relations. The first is deemed to be epistemologically more primary, for “the argument from intensional logic” is perhaps the best argument for the existence of properties. This argument is (...) presented in the course of discussing generality, quantifying-in, learnability, referential semantics, nominalism, conceptualism, realism, type-freedom, the first-order/higher-order controversy, names, indexicals, descriptions, Mates’ puzzle, and the paradox of analysis. Two first-order intensional logics are then formulated. Finally, fixed-point type-free theories of predication are discussed, especially their relation to the question whether properties may be identified with propositional functions. (shrink)

Many attempts to define privacy have been made over the last century. Early definitions and theories of privacy had little to do with the concept of information and, when they did, only in an informal sense. With the advent of information technology, the question of a precise and universally acceptable definition of privacy in this new domain became an urgent issue as legal and business problems regarding privacy started to accrue. In this paper, I propose a definition of informational privacy (...) that is simple, yet strongly tied with the concepts of information and property. Privacy thus defined is similar to intellectual property and should receive commensurate legal protection. (shrink)

Recently, the United Kingdom Supreme Court decided that only natural persons can be considered inventors. A year before, the United States Court of Appeals for the Federal Circuit issued a similar decision. In fact, so have many the courts all over the world. This Article analyses these decisions, argues that the courts got it right, and finds that artificial inventorship is at odds with patent law doctrine, theory, and philosophy. The Article challenges the intellectual property (IP) post-humanists, (...) exposing the analytical and normative perils of their argumentation, and recommends against getting rid of the nominally central place of humans in the law. This response to IP post-humanism rests in equal measure on patent doctrine, legal causation, and the mythology which creates and justifies the law. (shrink)

What is the research for in the society? We may imagine the professionals engaged in these activities, shall we say, university professors, researchers in the public and private institutions, and even the lay inventors at home or in the neighborhood. The research is related with some of knowledge or ideas, which, however, should be creative and original. It is the main function of those professionals, and can develop in dissemination of the findings produced by research. It frontiers the knowledge of (...) humans which enables a better view of world and generates the public welfare. The scholars are often those professionals who are required or in some cases, squeezed to produce an original contribution to the specific field of academy. As the society develops, we now require a scientific knowledge beyond the plain understanding of the nature and society. The scientific knowledge is qualified of some elements, i.e., evidence-based, universal frame to be applied, sense of understanding, pragmatic in comprehension or application, more persuasion on theory, paradigm, typologies, intersubjectivity, empirical relevance and so. It informs a philosophy of humans, makes them conscientious and knowledgeable, as well as enhances a professional performance for not only their field but also other disciplines. For example, the criminal justice system borrows the idea or information confirmed by other disciplines, psychology and sociology notably. What is the Durham rule in the excuse of culpability? The scope of rule could not enjoy a persuasion if not to be supported by the works of psychologists. The scientific knowledge perhaps could recourse its most salient dynamism in coupling with an economic exploitation. A cultivation of knowledge to serve the economic use and its industrialization reveals it’s competitive edge in the society. The kind of concepts, information age, e-technology, and intellectual property rights are leading the present time of narrative as we see routinely. Many new laws, and new concept of e-education or e-government, GMO products as well as the travel of universe in the near future also follow that the updated profile of scientific knowledge on the engineering and natural science contributed to expand our horizon of subsistence. With this crucial importance, the author attempts to file some thoughts on the research and society. (shrink)

What is the research for in the society? We may imagine the professionals engaged in these activities, shall we say, university professors, researchers in the public and private institutions, and even the lay inventors at home or in the neighborhood. The research is related with some of knowledge or ideas, which, however, should be creative and original. It is the main function of those professionals, and can develop in dissemination of the findings produced by research. It frontiers the knowledge of (...) humans which enables a better view of world and generates the public welfare. The scholars are often those professionals who are required or in some cases, squeezed to produce an original contribution to the specific field of academy. As the society develops, we now require a scientific knowledge beyond the plain understanding of the nature and society. The scientific knowledge is qualified of some elements, i.e., evidence-based, universal frame to be applied, sense of understanding, pragmatic in comprehension or application, more persuasion on theory, paradigm, typologies, intersubjectivity, empirical relevance and so. It informs a philosophy of humans, makes them conscientious and knowledgeable, as well as enhances a professional performance for not only their field but also other disciplines. For example, the criminal justice system borrows the idea or information confirmed by other disciplines, psychology and sociology notably. What is the Durham rule in the excuse of culpability? The scope of rule could not enjoy a persuasion if not to be supported by the works of psychologists. The scientific knowledge perhaps could recourse its most salient dynamism in coupling with an economic exploitation. A cultivation of knowledge to serve the economic use and its industrialization reveals it’s competitive edge in the society. The kind of concepts, information age, e-technology, and intellectual property rights are leading the present time of narrative as we see routinely. May new laws, and new concept of e-education or e-government, GMO products as well as the travel of universe in the near future also follow that the updated profile of scientific knowledge on the engineering and natural science contributed to expand our horizon of subsistence. (shrink)

This essay is intended to be a refutation of the main thesis in Against Intellectual Property, Kinsella 2008 (hereafter, K8). Points of agreement, relatively trivial disagreement, and irrelevant issues will largely be ignored, as will much repetition of errors in K8. Otherwise, the procedure is to go through K8 quoting various significantly erroneous parts as they arise and explaining the errors involved. It will not be necessary to respond at the same length as K8 itself.

Open science (OS) is considered the new paradigm for science and knowledge dissemination. OS fosters cooperative work and new ways of distributing knowledge by promoting effective data sharing (as early and broadly as possible) and a dynamic exchange of research outcomes, not only publications. On the other hand, intellectual property (IP) legislation seeks to balance the moral and economic rights of creators and inventors with the wider interests and needs of society. Managing knowledge outcomes in a new open (...) research and innovation ecosystem is challenging and should become part of the EU’s IP strategy, underpinning EU policies with the new open science–open innovation paradigm. (shrink)

This paper examines the claims that moral objections to the patenting of human genes are misplaced and rest on confusions about what a patent is, or what is patented by a human gene patent. It shows that theese objections rest on too simple a conception of property rights, and the connections betwteen familiar moral objections to private property and moral objections to the patenting of human genes. Above all, the paper claims, objections to HGPs often reflect worries about (...) the lack of democratic oversight, accountability and participation involved in grants of intellectual property. The paper claims that we should take these worries seriously, whether or not we think HGPs immoral. (shrink)

In a lengthy review article, C. Anthony Anderson criticizes the approach to property theory developed in Quality and Concept (1982). That approach is first-order, type-free, and broadly Russellian. Anderson favors Alonzo Church’s higher-order, type-theoretic, broadly Fregean approach. His worries concern the way in which the theory of intensional entities is developed. It is shown that the worries can be handled within the approach developed in the book but they remain serious obstacles for the Church approach. The discussion (...) focuses on: (1) the fine-grained/coarse-grained distinction, (2) proper names and definite descriptions, (3) the paradox of analysis and Mates’ puzzle, and (4) the logical, semantical, and intentional paradoxes. (shrink)

The lack of intellectual property (IP) awareness among school students is a pressing concern in today’s digital age. With the increasing importance of innovation and creativity, understanding intellectual property rights (IPR) at an early age is critical for fostering an informed generation. This paper presents the development of an interactive web application that educates school students about various aspects of IPR. The platform includes a series of educational modules, quizzes, and interactive features designed to engage students (...) in learning. This project highlights the growing need for early IPR education and provides a scalable, accessible solution for schools. The primary aim of the project is to create awareness and provide resources to help students understand the importance of intellectual property in safeguarding their innovations. The application also includes administrative functionalities for tracking student progress, offering a holistic learning experience. (shrink)

The purpose of this article is to examine the feasibility and working of the conciliatory means for settlement of intellectual property disputes in Jordan. Arbitration is the principal mechanism used.

For the past three years, Coronavirus-19 (Covid-19) has become one of the major global health problems. Unlike any previous virus in the past decades, Covid-19 has shown its unprecedented spreading speed, infection rate, fatality rate, etc. Under this urgent disease outbursting event, scientists around the globe, through the myriad of research and experiments, successfully developed effective vaccines. However, like many other medical innovations, Covid-19 vaccines are categorized as intellectual properties and a scarce resource. As a consequence, the citizens of (...) developed and developing countries face an imbalanced distribution of affordable vaccines. The formation of this issue is not only due to manufacturing, transportation, and other infrastructures, but also strongly correlated with aspects in the legal field, such as intellectual property rights (IPRs). With a humane common sense of vaccination many people, through comparative research method, this article aims to discuss the conflicts between the global crisis of Force Majeure and the interests of certain countries or corporations, possible solutions to resolve this conflict, and future coping strategies that ought to be published. (shrink)

The complexity and emergent autonomy of Generative AI systems introduce challenges in predictability and legal compliance. This paper analyses some of the legal and regulatory implications of such challenges in the European Union context, focusing on four areas: liability, privacy, intellectual property, and cybersecurity. It examines the adequacy of the existing and proposed EU legislation, including the Artificial Intelligence Act (AIA), in addressing the challenges posed by Generative AI in general and LLMs in particular. The paper identifies potential (...) gaps and shortcomings in the EU legislative framework and proposes recommendations to ensure the safe and compliant deployment of generative models. (shrink)

The property theory of musical works is the view that identifies works of music with properties as universals. The purpose of this article is to distinguish different versions of the property theory and argue that none of them can satisfy certain demands we expect from a successful theory of musical works. I conclude that although properties as universals are familiar and useful in other domains, we cannot rely on them to explain the ontological nature of (...) musical works. (shrink)

In this thesis we have examined the complex interaction between intellectual property rights, life sciences and global justice. Science and the innovations developed in its wake have an enormous effect on our daily lives, providing countless opportunities but also raising numerous problems of justice. The complexity of a problem however does not liberate society as a whole from moral responsibilities. Our intellectual property regimes clash at various points with human rights law and commonly held notions of (...) justice. (shrink)

"Theory of modus concipiendi in Richard Burthogge’s Epistemology" The paper focuses on the epistemology of Richard Burthogge, the lesser known seventeenth-century English philosopher and author, among other works, of the Organum Vetus & Novum (1678) and An Essay upon Reason and the Nature of Spirits (1694). Although his ideas had a minimal impact on the philosophy of his time, and have hitherto not been the subject of a detailed study, Burthogge’s writings contain a highly original concept of idealistic constructivism. (...) The most important claim of this approach is that the external objects are never presented to the mind directly, as they are in themselves, but always under the modus concipiendi, a particular form of conceiving or conceptualising, performed by the human cognitive powers (both intellectual and sensuous) in the manner and with the means determined by their structural and functional properties. Thus, Burthogge clearly anticipates Kant in claiming that the external world is unknowable in itself, being accessible to the human mind only through the phenomena that the mind itself co-produces. The paper provides an outline of the theory of modus concipiendi, including its historical context and idealistic consequences, preceded by the brief presentation of Burthogge’s epistemology. (shrink)

Abstract: The Present Article provides the Comprehensive Prudence behind the Intellectual Property Rights. In Indian sub-continent various Laws are enacted which grants Protection to the intellect. Intellectual Property has various domains and its kinds, it can be a Process, Product, Design, Literature, Music, Art, Computer programs or a Brand name. This Article covers the basic principles and the Rationality behind Intellectual Property Rights granted to the Proprietor by the Government.

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 (...) the challenges humanity faced in the past were overcome by inventive solutions coming from the life sciences, we are compelled to reconsider how we incentivize science and technology development so that those in need can benefit more broadly from scientific research. There is a huge portion of the world population that is in urgent need for medicines to combat diseases that are currently neglected by the scientific community and could immensely benefit from agricultural research that specifically targets their environmental conditions. At the same time efforts have to be made to make the fruits of current and future research more widely accessible. These changes would have to be backed by a range of moral arguments to attract people with diverging notions of global justice. This article explores the main ethical theories used to demand a greater share in the benefits from scientific progress for the poor. Since life sciences bring about a number of special concerns, a short list of conflictive issues is also offered. (shrink)

This chapter presents the meeting points and conflicts between Arthur Danto’s philosophy of art and George Dickie’s avowedly succeeding theory. Its focus is on the internalist-externalist debate on the ontology of the artwork as created and perceived within the artworld. It shows that both Danto and Dickie developed anti-formalist theories, that contributed to the demise of aesthetic modernism. Inverting the formalist distinction between internal and external properties of the artwork, they classified the sensuous properties of the artwork as secondary (...) in its essence and identity. Accordingly, Danto and Dickie’s definitions of art emerged from the challenge “to be consistent with art appearing in every possible way.” Both negated the Neo-Wittgensteinians’s proposal to forgo the project of defining art and found the then-new pluralism to be revealing of the essence of art, directing philosophy to art’s nonexhibited infrastructure – beyond the reach of the eye. Across from this, the chapter presents their opposing ideas as revealed through different analyses of the concept of the “artworld”: as an intellectual sphere by Danto versus an institutional one by Dickie. Danto’s internalist/intentionalist ontology begins with the mental and stretches to its embodying material. Opposing it, Dickie’s externalist ontology points to social practices as constituting the artwork, which is attributed with the status of “arthood” by agents in its social sphere. Accordingly, I claim, Danto’s ontology is more versatile than Dickie’s. -/- . (shrink)

A wide range of proposals to alleviate the negative effects of intellectual property regimes is currently under discussion. This article offers a critical evaluation of six of these proposals: the Health Impact Fund, the Access to Knowledge movement, prize systems, open innovation models, compulsory licenses and South-South collaborations. An assessment on how these proposals target the human rights affected by intellectual property will be provided. The conflicting human rights that will be individually discussed are the rights: (...) to benefit from one’s own scientific work, to benefit from the advancement of science, to participate in scientific enterprises and to self-determination. (shrink)

Thomas Pogge has argued that typical citizens of affluent nations participate in an unjust global order that harms the global poor. This supports his conclusion that there are widespread negative institutional duties to reform the global order. I defend Pogge’s negative duty approach, but argue that his formulation of these duties is ambiguous between two possible readings, only one of which is properly confined to genuinely negative duties. I argue that this ambiguity leads him to shift illicitly between negative and (...) positive duties, and ultimately to overstate the extent of the negative ones. I also argue that recognition of this ambiguity makes it possible to draw a meaningful distinction between the relevant positive and negative duties, and that Pogge’s analysis can therefore be revised in a way that reveals substantial negative institutional duties to the global poor, albeit less extensive ones than Pogge asserts. In order to demonstrate this, I discuss two aspects of the global order that Pogge has criticized: the system of intellectual property rights in pharmaceuticals and the rights of de facto rulers to dispose of a nation’s natural resources. In each case, although I do not specify the relevant negative institutional duties precisely, I try to identify intelligible questions whose answers would reveal genuinely negative duties and show that their likely answers are distinct from the conclusions asserted by Pogge and suggested by his analysis. (shrink)

This paper provides a critique of the contemporary notion of intellectual property based on the consequences of Wittgenstein's “private language argument”. The reticence commonly felt toward recent applications of patent law, e.g., sports moves, is held to expose erroneous metaphysical assumptions inherent in the spirit of current IP legislation. It is argued that the modern conception of intellectual property as a kind of natural right, stems from the mistaken internalist or Augustinian picture of language that Wittgenstein (...) attempted to diffuse. This view becomes persuasive once it is shown that a complete understanding of the argument against private language must include Wittgenstein's investigation of the role of the will in the creative process. It is argued that original thought is not born by decree of the will, but engendered by a public context of meaning and value. What marks a person as a genius is, therefore, according to Wittgenstein, not some sovereign capacity of conceptual world-making, but merely a propitious dose of intellectual courage. (shrink)

This book defines 'nanowares' as the ideas and products arising out of nanotechnology. Koepsell argues that these rapidly developing new technologies demand a new approach to scientific discovery and innovation in our society. He takes established ideas from social philosophy and applies them to the nanoparticle world. In doing so he breaks down the subject into its elemental form and from there we are better able to understand how these elements fit into the construction of a more complex system of (...) products, rules and regulations about these products. (shrink)

Since the 2008 financial crisis, the attempts to use Karl Polanyi's framework to make sense of current developments have multiplied, producing a noticeable and lively debate. This debate centres on the notion of double movement put forward by the Hungarian thinker in his masterpiece – The Great Transformation. The paper is a contribution to this debate. The first part addresses a series of questions that make the interpretations of the double movement advanced so far not very compelling. To this end, (...) a close reading of Polanyi's text, with the aim of dismantling and rearticulating its analytical structure, is carried out. The upshot is a dynamic and multistage picture of the double process as a recurrent and vortex-like attempt to progressively commodify natural and social resources against growing opposition. The second part employs this revised reading of the double movement to explain the collapse of the postwar consensus politics, the success of the neoliberal counterrevolution and the development of the knowledge economy. The claim put forward here is that, in addition to sustained efforts to deepen previous forms of commodification (land, labour and money), we are witnessing a fullblown attempt to turn knowledge into a new fictitious commodity. Building on the idea of digital Taylorism, the paper tries to show that information and computer technologies are being used to standardise and routinise a growing number of intellectual, professional and managerial activities which were able to escape previous attempts in this direction. Once again, at the forefront of this process there are powerful state actors, who are using New Public Management policies strategically to: support the enclosure of intangible cultural resources through the creation of intellectual property rights regimes, and undermine the counter-reaction of negatively affected societal actors by rising the collective action problems they face. (shrink)

Protection of emergent works is impossible. Without an author, there is no expression of ideas which can be original, and thus no copyrightable work. Indeed, the whole system of copyright law, its conceptual building blocks of idea-expression dichotomy, originality, authorship, and the concept of a protectable work operate in the notation of human creativity. Emergent works fall outside of copyright’s positive ontology, being akin to ideas, facts, or subject-matter predicated by technical considerations, rather than authorial creativity. In other words, they (...) do not exist as things in law and thus cannot as such be owned. Rather, like any idea, they can be transformed through creative expression of an author–– possibly becoming works, but also not being authorless or emergent anymore. This is argued as a matter of the U.S. and EU legal doctrines, the international framework, and copyright theory. (shrink)

The main objective of this dissertation is to philosophically assess how the use of informational concepts in the field of classical thermostatistical physics has historically evolved from the late 1940s to the present day. I will first analyze in depth the main notions that form the conceptual basis on which 'informational physics' historically unfolded, encompassing (i) different entropy, probability and information notions, (ii) their multiple interpretative variations, and (iii) the formal, numerical and semantic-interpretative relationships among them. In the following, I (...) will assess the history of informational thermophysics during the second half of the twentieth century. Firstly, I analyse the intellectual factors that gave rise to this current in the late forties (i.e., popularization of Shannon's theory, interest in a naturalized epistemology of science, etc.), then study its consolidation in the Brillouinian and Jaynesian programs, and finally claim how Carnap (1977) and his disciples tried to criticize this tendency within the scientific community. Then, I evaluate how informational physics became a predominant intellectual current in the scientific community in the nineties, made possible by the convergence of Jaynesianism and Brillouinism in proposals such as that of Tribus and McIrvine (1971) or Bekenstein (1973) and the application of algorithmic information theory into the thermophysical domain. As a sign of its radicality at this historical stage, I explore the main proposals to include information as part of our physical reality, such as Wheeler’s (1990), Stonier’s (1990) or Landauer’s (1991), detailing the main philosophical arguments (e.g., Timpson, 2013; Lombardi et al. 2016a) against those inflationary attitudes towards information. Following this historical assessment, I systematically analyze whether the descriptive exploitation of informational concepts has historically contributed to providing us with knowledge of thermophysical reality via (i) explaining thermal processes such as equilibrium approximation, (ii) advantageously predicting thermal phenomena, or (iii) enabling understanding of thermal property such as thermodynamic entropy. I argue that these epistemic shortcomings would make it impossible to draw ontological conclusions in a justified way about the physical nature of information. In conclusion, I will argue that the historical exploitation of informational concepts has not contributed significantly to the epistemic progress of thermophysics. This would lead to characterize informational proposals as 'degenerate science' (à la Lakatos 1978a) regarding classical thermostatistical physics or as theoretically underdeveloped regarding the study of the cognitive dynamics of scientists in this physical domain. (shrink)