Intellectual property for humanity: a manifesto

Li, Phoebe (2021) Intellectual property for humanity: a manifesto. In: Gervais, Daniel J (ed.) The future of intellectual property. ATRIP Intellectual Property series . Edward Elgar, Cheltenham, UK, pp. 9-36. ISBN 9781800885332

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Abstract

This chapter considers the challenge posed by Peter Drahos’ work on the ‘duties of privilege’, and provides a normative analysis of an intellectual property (IP) regime by articulating IP duties as a lens for defining the optimal scope of IP monopolies. It builds on a correlative duty-based approach as a parameter to better approximating dignitarian thoughts in IP. A paradigm shift to a balanced framework incorporating the duty approach would reconfigure the imbalance and redress the undesirable consequences of inequality. A duty-based approach is not advocating a dichotomy regime separating rights from duties or replacing rights with duties, but a binary one taking full advantage of the extant IP flexibilities by embedding a sense of belonging, connectedness, honour and respect in a community of IP rights. A duty-based approach will work towards a collaborative humanitarian discourse and serve as a nuanced underpinning to the interface of IP power and competition where impacts will benefit society. Internal and external forces are identified for regulating IP following a comprehensive study on the philosophies of ownership. It concludes by proposing the primary waves of IP duties: a duty to self-moderation; a duty to benefit sharing; a duty to open innovation, and a duty to dissemination.

Item Type: Book Section
Additional Information: This is a draft chapter. The final version is available in The Future of Intellectual Property edited by Daniel J. Gervais, published in 2021, Edward Elgar Publishing Ltd https://doi.org/10.4337/9781800885349 The material cannot be used for any other purpose without further permission of the publisher, and is for private use only.
Keywords: Intellectual property duties, humanity, patents, Sustainable Development Goals (SDGs), intellectual property philosophies, Socially Valued Inventions (SVIs)
Schools and Departments: School of Law, Politics and Sociology > Law
Research Centres and Groups: Centre for Global Health Policy
SWORD Depositor: Mx Elements Account
Depositing User: Mx Elements Account
Date Deposited: 12 Nov 2020 10:43
Last Modified: 23 Aug 2021 09:58
URI: http://sro.sussex.ac.uk/id/eprint/94996

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