Liberalism and Intellectual Property Rights

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Title Liberalism and Intellectual Property Rights
Author Breakey, Hugh Edmond
Journal Name Politics, Philosophy & Economics
Year Published 2009
Place of publication United Kingdom
Publisher Sage Publications
Abstract Justifications for intellectual property rights are typically made in terms of utility or natural property rights. In this article, I justify limited regimes of copyright and patent grounded in no more than the rights to use our ideas and to contract, conjoined at times with a weak right to hold property in tangibles. I describe the Contracting Situation plausibly arising from vesting rational agents with these rights. I go on to consider whether in order to provide the best protection for the voluntary activities and consensual interactions occurring within the Contracting Situation, it might be appropriate or even necessary to move to institutions qualitatively similar to copyright and patent. I conclude that in at least some circumstances limited regimes of copyright and patent may be defendable solely on the basis of these very basic rights.
Peer Reviewed Yes
Published Yes
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Copyright Statement Copyright 2009 SAGE Publications. This is the author-manuscript version of the paper. Reproduced in accordance with the copyright policy of the publisher. Please refer to the journal's website for access to the definitive, published version.
Volume 8
Issue Number 3
Page from 329
Page to 349
ISSN 1470-594X
Date Accessioned 2011-06-20
Language en_AU
Research Centre Key Centre for Ethics, Law, Justice and Governance
Faculty Arts, Education and Law
Subject Ethical Theory
Publication Type Journal Articles (Refereed Article)
Publication Type Code c1x

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