Justifying intellectual property / Robert P. Merges.

Format:

Book

Author/Creator:

Merges, Robert P.

Language:

English

Subjects (All):

Intellectual property--Philosophy.

Intellectual property.

Intangible property.

Physical Description:

1 online resource (422 p.)

Edition:

1st ed.

Place of Publication:

Cambridge, MA : Harvard University Press, 2011.

Language Note:

English

Summary:

Why should a property interest exist in an intangible item? In recent years, arguments over intellectual property have often divided proponents-who emphasize the importance of providing incentives for producers of creative works- from skeptics who emphasize the need for free and open access to knowledge.In a wide-ranging and ambitious analysis, Robert P. Merges establishes a sophisticated rationale for the most vital form of modern property: IP rights. His insightful new book answers the many critics who contend that these rights are inefficient, unfair, and theoretically incoherent. But Merges' vigorous defense of IP is also a call for appropriate legal constraints and boundaries: IP rights are real, but they come with real limits.Drawing on Kant, Locke, and Rawls as well as contemporary scholars, Merges crafts an original theory to explain why IP rights make sense as a reward for effort and as a way to encourage individuals to strive. He also provides a novel explanation of why awarding IP rights to creative people is fair for everyone else in society, by contributing to a just distribution of resources. Merges argues convincingly that IP rights are based on a solid ethical foundation, and-when subject to fair limits-these rights are an indispensable part of a well-functioning society.

Contents:

Frontmatter

Contents

Preface

Chapter One. Introduction

Part One. FOUNDATIONS

Chapter Two. Locke

Chapter Three. Kant

Chapter Four. Distributive Justice and IP Rights

Part Two. PRINCIPLES

Chapter Five. Midlevel Principles of IP Law

Chapter Six. The Proportionality Principle

Part Three. ISSUES

Chapter Seven. Creative Professionals, Corporate Ownership, and Transaction Costs

Chapter Eight. Property in the Digital Era

Chapter Nine. Patents and Drugs for the Developing World

Chapter Ten. Conclusion

Notes

Index

Notes:

Includes index.

ISBN:

9780674266087

0674266080

9780674061125

0674061128

OCLC:

754841328