Justifying Intellectual Property Review

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Justifying Intellectual Property ReviewAs the title claims, the purpose of this book is to provide a justification for intellectual property. In contrast to much of the work in this area, however, Justifying Intellectual Property does not build its case solely on economic or utilitarian grounds. Instead, the author attempts to make the ethical case for IP, arguing that these rights run deeper and are more fundamental than the conventional view of IP rights as policy tools to spur innovation. To support this contention, the author brings in a significant amount of material from Locke, Kant, and Rawls to build his case. The first chapters of this book deal with these somewhat dense philosophical questions, but the later chapters move toward what the author refers to as "mid-level principles", the principles that are more familiar to those acquainted with IP. These include efficiency and proportionality among others. The author, however, does not abandon the ethical foundation laid in the first chapters. He builds upon it, incorporating these mid-level principles into his model and then, in the final chapters, addressing more contemporary issues in IP.
The scope of this book is immense, and the first several chapters can be a bit daunting. If you have the requisite stamina though, the payoff is enormously satisfying, presenting a comprehensive and firmly rooted model for IP. In the end, the challenge to dig deeper for IP's foundations is perhaps the most important takeaway. I highly recommend it.Justifying Intellectual Property Overview

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