Guide Justifying Intellectual Property

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01c The utilitarian justification for Intellectual Property

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International Conference on the Law of Obligations, Zagreb, December The programme of the conference is available below. Please note that minor changes still might be possible, especially in relation to the lecture rooms for parallel sessions … more. Privacy Machine Lawyering: Digitally Reconceiving Contracting, Regulation and Property: Hong Kong, January The form, speed and nature of contracting, regulation and property are experiencing dramatic change through algorithmic processing of data.

The Justification for IPR Protection | SpringerLink

This confluence of technology and commerce has taken shape in Fintech, Regtech and more general forms of automation … more, call for papers. Equity and Trusts in the Digital Economy: University of Queensland, 20 February Although much of the modern digital space is subject to significant statutory regulation, equitable doctrines and remedies retain a significant role to play both as a source of protection for consumers and potentially also an area of unidentified legal risk for market participants … more.

Modern Studies in Property Law Conference: Northumbria University, April The conference will follow the pattern of previous Modern Studies in Property Law conferences with a mix of plenary, discussion and panel sessions, and will also incorporate the social and human side of property law through the consideration of emerging technologies and the involvement of spokespersons and presentations … more, call for expressions of interest. The dates include optional pre-conference field trips during the day and an evening reception on Thursday, May 21 … more, call for papers.

Empirical analysis is understood to encompass any systematic approach to quantitative or qualitative data analysis, including statistical analysis, machine learning, experiments, text-mining and network analysis techniques … more, call for papers. This essay provides an overview and assessment of the issues, arguments, and counterarguments on intellectual property.

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At the outset, it is important to distinguish the general issue of whether intellectual property is justified from the more specific issue of whether a particular body of intellectual property law e. Obviously, a particular body of law protecting intellectual property will not be justified if intellectual property protection is, as a general matter, unjustified, but the converse is not true. One can coherently and reasonably believe that content-creators have intellectual property rights that should be protected by law but believe also that many elements of existing copyright and patent law in Western nations are unjustified.


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The arguments in this essay are concerned primarily with the general issue and not with the more specific issue of whether the law of intellectual property hereinafter IP in Western industrialized nations is morally legitimate — though some of the more problematic features of existing law will be discussed briefly at the end of this essay.

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Robert Merges: Justifying intellectual property

UC Berkeley. Email Facebook Twitter. Abstract The issue of whether the state is morally justified in affording content-creators a legal right to exclude others from the content of their creations is a sharply contested issue in information ethics.

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