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Intellectual property for humanity: a manifesto

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posted on 2023-06-09, 22:09 authored by Phoebe LiPhoebe Li
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.

Funding

CHNUK: Integrated platforms from science to policy in response to antibacterial resistance; G3055; MRC-MEDICAL RESEARCH COUNCIL

Biomodifying technologies: Governing converging research in the life sciences; G2501; LEVERHULME TRUST; RPG-2017-330

Biomodifying technologies and experimental space: organisational and regulatory implications for the translation and valuation of health research; G2291; ESRC-ECONOMIC & SOCIAL RESEARCH COUNCIL; ES/P002943/1

History

Publication status

  • Published

File Version

  • Accepted version

Journal

ATRIP Research Handbook in Intellectual Property

Publisher

Edward Elgar

Page range

9-36

Pages

384.0

Book title

The future of intellectual property

Place of publication

Cheltenham, UK

ISBN

9781800885332

Series

ATRIP Intellectual Property series

Department affiliated with

  • Law Publications

Research groups affiliated with

  • Centre for Global Health Policy Publications

Notes

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.

Full text available

  • Yes

Peer reviewed?

  • Yes

Editors

Daniel J Gervais

Legacy Posted Date

2020-11-12

First Open Access (FOA) Date

2021-11-21

First Compliant Deposit (FCD) Date

2020-11-11

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