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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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 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: 25 Feb 2022 13:23

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