Title
Justifying Intellectual Property / Robert P. Merges.
ISBN
9780674061125
Published
Cambridge, MA : Harvard University Press, [2011]
Copyright
©2011
Language
English
Language Note
In English.
Description
1 online resource (422 p.) : 7 line illustrations, 2 graphs, 8 tables
Other Standard Identifiers
10.4159/harvard.9780674061125 doi
Dewey Decimal Classification
346.048 M263
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.
Access Note
Access limited to authorized users.
System Details Note
Mode of access: Internet via World Wide Web.
Digital File Characteristics
text file PDF
Source of Description
Description based on online resource; title from PDF title page (publisher's Web site, viewed 30. Aug 2021)
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
