Intellectual Property and Immorality
Title | Intellectual Property and Immorality PDF eBook |
Author | Ned Snow |
Publisher | Oxford University Press, USA |
Pages | |
Release | 2021 |
Genre | Freedom of expression |
ISBN | 9780197614419 |
"This book argues that certain intellectual creations should not receive copyright or patent protection because they are harmful to society. It posits that the theories of intellectual property and the Intellectual Property Clause of the U.S. Constitution suggest this conclusion. The book responds to counterarguments: namely, that denying protection might increase the output of objectionable works, that other laws should address the moral problems; and that intellectual property functions better under a laissez-faire approach. After responding to these arguments, the book considers the roles of government actors in denying protection. It argues that courts should exercise their powers of equity to deny relief for works that are connected to unlawful acts of the rights-holder, and that courts should exercise their constitutional powers to deny protection for specific categories of harmful expressions and inventions. Next, the book considers whether Congress has constitutional authority to deny protection for works that it considers to be immoral. In concluding that Congress does have such authority, the book sets forth specific criteria that Congress should apply in exercising its moral discretion. Finally, the book considers whether denying intellectual property protection on moral grounds would violate the Free Speech Clause of the First Amendment. It concludes that principles of free speech afford Congress considerable discretion to deny patent protection but only narrow discretion to deny copyright protection. It also concludes that the Free Speech Clause is consistent with judicial denial of protection for the limited categories of works that fall outside the Intellectual Property Clause"--
Intellectual Property and Immorality
Title | Intellectual Property and Immorality PDF eBook |
Author | Ned Snow |
Publisher | Oxford University Press |
Pages | 361 |
Release | 2021 |
Genre | Law |
ISBN | 019761440X |
Introduction -- Moral limitations in IP theory -- Arguments against denying protection -- The problem of judicial moral discretion -- Works involving unlawful conduct -- Judicial history on unlawful works -- The progress provision as a limitation -- Progress, science, and useful arts -- Legislating morality -- Free speech -- Tying it all together.
The Moral Dimensions of Intellectual Property Rights
Title | The Moral Dimensions of Intellectual Property Rights PDF eBook |
Author | Steven Ang |
Publisher | Edward Elgar Publishing |
Pages | 334 |
Release | 2013-12-27 |
Genre | Law |
ISBN | 1782546685 |
In a globalized world with globalizing IPRs where culturally assumed norms must be re-examined, this work has an urgent and important contribution to make. Taking the main features of internationally mandated IPRs as a starting point it explores the mo
The Exclusion of Immoral and Illegal Subject Matter from Protection Under Intellectual Property Law
Title | The Exclusion of Immoral and Illegal Subject Matter from Protection Under Intellectual Property Law PDF eBook |
Author | David Tofic Kell |
Publisher | |
Pages | 0 |
Release | 1995 |
Genre | Genetic engineering |
ISBN |
The Exclusion of Immoral and Illegal Subject Matter from Protection Under Intellectual Property Law
Title | The Exclusion of Immoral and Illegal Subject Matter from Protection Under Intellectual Property Law PDF eBook |
Author | David Tofic Kell |
Publisher | |
Pages | 672 |
Release | 1995 |
Genre | Intellectual property |
ISBN |
Handbook of Intellectual Property Research
Title | Handbook of Intellectual Property Research PDF eBook |
Author | Irene Calboli |
Publisher | Oxford University Press |
Pages | 913 |
Release | 2021 |
Genre | Law |
ISBN | 0198826745 |
"The relevance of intellectual property (IP) law has increased dramatically over the last several years. Globalization, digitization, and the rise of post-industrial information-based industries have all contributed to a new prominence of IP law as one of the most important factors in driving innovation and economic development. At the same time, the significant expansion of IP rules has impacted many areas of public policy such as public health, the environment, biodiversity, agriculture, information, in an unprecedented manner. The growing importance of IP law has led to an exponential growth of academic research in this area. This Book offers a comprehensive overview of the methods and approaches that can be used to address and develop scholarly research questions related to IP law. In particular, this Book aims to provide a useful resource that can be used by IP scholars who are interested in expanding their expertise in a specific research method or seek to acquire an understanding of alternative lenses that could be applied to their research. Even though this Book does not claim to include all existing research methodologies, it represents one of the largest and most diverse compilations, which has been carried out to date. In addition, the authors of this Book comprise an equally diverse group of scholars from different jurisdictions, backgrounds, and legal traditions. This diversity, both regarding the topics and the authors, is a fundamental feature of the Book, which seeks to assist IP scholars worldwide in their research journeys." --
Research Handbook on Intellectual Property Rights and Inclusivity
Title | Research Handbook on Intellectual Property Rights and Inclusivity PDF eBook |
Author | Cristiana Sappa |
Publisher | Edward Elgar Publishing |
Pages | 539 |
Release | 2024-06-05 |
Genre | Law |
ISBN | 1803927267 |
This insightful Research Handbook discusses how exclusive intellectual property rights can affect inclusivity within individual, community and business contexts. It employs urban and rural frameworks to provide a multidimensional view of contemporary inclusivity and its relationship with intellectual property.