Results for 'Intellectual property '

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  1.  12
    From Conflict to Confluence of Interest.Intellectual Property Rights - 2010 - In Thomas H. Murray & Josephine Johnston (eds.), Trust and integrity in biomedical research: the case of financial conflicts of interest. Baltimore: Johns Hopkins University Press.
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  2.  27
    Set to take place from March 21-24, at the glorious Queensland Gold Coast, LAWASIAdownunder2005 will undoubtedly be the leading legal conference for Asia and the Pacific in 2005. [REVIEW]Intellectual Property Law - forthcoming - Ethos: Journal of the Society for Psychological Anthropology.
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  3. Intellectual Property and Pharmaceutical Drugs: An Ethical Analysis.of Intellectual Property - 2008 - In Tom L. Beauchamp, Norman E. Bowie & Denis Gordon Arnold (eds.), Ethical Theory and Business. Pearson/Prentice Hall.
     
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  4. Intellectual Property, Globalization, and Left-Libertarianism.Constantin Vică - 2015 - Symposion: Theoretical and Applied Inquiries in Philosophy and Social Sciences 2 (3):323–345.
    Intellectual property has become the apple of discord in today’s moral and political debates. Although it has been approached from many different perspectives, a final conclusion has not been reached. In this paper I will offer a new way of thinking about intellectual property rights (IPRs), from a left-libertarian perspective. My thesis is that IPRs are not (natural) original rights, aprioric rights, as it is usually argued. They are derived rights hence any claim for intellectual (...)
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  5. Natural Intellectual Property Rights and the Public Domain.Hugh Breakey - 2010 - Modern Law Review 73 (2):208-239.
    No natural rights theory justifies strong intellectual property rights. More specifically, no theory within the entire domain of natural rights thinking – encompassing classical liberalism, libertarianism and left-libertarianism, in all their innumerable variants – coherently supports strengthening current intellectual property rights. Despite their many important differences, all these natural rights theories endorse some set of members of a common family of basic ethical precepts. These commitments include non-interference, fairness, non-worsening, consistency, universalisability, prior consent, self-ownership, self-governance, and (...)
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  6.  28
    Weighing intellectual property: Can we balance the social costs and benefits of patenting?Mario Biagioli - 2019 - History of Science 57 (1):140-163.
    The scale is the most famous emblem of the law, including intellectual property (IP). Because IP rights impose social costs on the public by limiting access to protected work, the law can be justified only to the extent that, on balance, it encourages enough creation and dissemination of new works to offset those costs. The scale is thus a potent rhetorical trope of fairness and objectivity, but also an instrument the law thinks with – one that is constantly (...)
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  7.  59
    Intellectual Property Rights and Chinese Tradition Section: Philosophical Foundations.John Alan Lehman - 2006 - Journal of Business Ethics 69 (1):1-9.
    Western attempts to obtain Chinese compliance with intellectual property rights have a long history of failure. Most discussions of the problem focus on either legal comparisons or explanations arising from levels of economic development (based primarily on the example of U.S. disregard for such rights during the 18th and 19th centuries). After decades of heated negotiation, intellectual property rights is still one of the major issues of misunderstanding between the West and the various Chinese political entities. (...)
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  8.  3
    Food, philosophy, and intellectual property: fifty case studies.Enrico Bonadio & Andrea Borghini - 2024 - New York, NY: Routledge. Edited by Andrea Borghini.
    This is a book about food, philosophy, and intellectual property rights. Taken separately, these are three well-known subjects; but it is uncommon to consider them together. Delivering a rich field of disputes, the book is comprised of 50 case studies, organized around eight themes: images; genericity and descriptiveness; language traps; procedures; menus, recipes, and creativity; boundaries; biotech; and empowerment. The introductory chapter frames the selection of cases and encourages readers to look beyond them, envisaging new lenses to look (...)
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  9. Are intellectual property rights compatible with Rawlsian principles of justice?Darryl J. Murphy - 2012 - Ethics and Information Technology 14 (2):109-121.
    This paper argues that intellectual property rights are incompatible with Rawls’s principles of justice. This conclusion is based upon an analysis of the social stratification that emerges as a result of the patent mechanism which defines a marginalized group and ensure that its members remain alienated from the rights, benefits, and freedoms afforded by the patent product. This stratification is further complicated, so I argue, by the copyright mechanism that restricts and redistributes those rights already distributed by means (...)
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  10.  77
    Intellectual property and global health: from corporate social responsibility to the access to knowledge movement.Cristian Timmermann & Henk van den Belt - 2013 - Liverpool Law Review 34 (1):47-73.
    Any system for the protection of intellectual property rights (IPRs) has three main kinds of distributive effects. It will determine or influence: (a) the types of objects that will be developed and for which IPRs will be sought; (b) the differential access various people will have to these objects; and (c) the distribution of the IPRs themselves among various actors. What this means to the area of pharmaceutical research is that many urgently needed medicines will not be developed (...)
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  11. Intellectual Property.Seana Valentine Shiffrin - 2007 - In Robert E. Goodin, Philip Pettit & Thomas Pogge (eds.), A Companion to Contemporary Political Philosophy. Oxford, UK: Blackwell. pp. 653–668.
    Intellectual property theory grapples with intriguing questions about the political and personal significance of our mental labour and creativity, the metaphysics of art and expression, the justifications for private property, and conflicts between property and free expression rights. This chapter begins with an introduction to the nature of intellectual property, comparing intellectual property to physical property. It continues with an overview of some arguments for, and criticisms of, the legal protection of (...)
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  12.  48
    Intellectual property, plant breeding and the making of Mendelian genetics.Berris Charnley & Gregory Radick - 2013 - Studies in History and Philosophy of Science Part A 44 (2):222-233.
    Advocates of “Mendelism” early on stressed the usefulness of Mendelian principles for breeders. Ever since, that usefulness—and the favourable opinion of Mendelism it supposedly engendered among breeders—has featured in explanations of the rapid rise of Mendelian genetics. An important counter-tradition of commentary, however, has emphasized the ways in which early Mendelian theory in fact fell short of breeders’ needs. Attention to intellectual property, narrowly and broadly construed, makes possible an approach that takes both the tradition and the counter-tradition (...)
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  13.  58
    Intellectual Property and Theories of Justice.Axel Gosseries, Alain Marciano & Alain Strowel (eds.) - 2008 - Basingstoke & N.Y.: Palgrave McMillan.
    In this volume, fourteen philosophers, economists and legal scholars and one computer scientist address various facets of the same question: under which conditions (if any) can intellectual property rights be fair? This general question unfolds in a variety of others: What are the parallels and differences between intellectual and real property? Are libertarian theories especially sympathetic to IP rights? Should Rawlsian support copyright? How can a concern for incentives be taken into account by each of the (...)
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  14.  17
    Intellectual Property: Moral, Legal, and International Dilemmas.John P. Barlow, David H. Carey, James W. Child, Marci A. Hamilton, Hugh C. Hansen, Edwin C. Hettinger, Justin Hughes, Michael I. Krauss, Charles J. Meyer, Lynn Sharp Paine, Tom C. Palmer, Eugene H. Spafford & Richard Stallman - 1997 - Rowman & Littlefield Publishers.
    As the expansion of the Internet and the digital formatting of all kinds of creative works move us further into the information age, intellectual property issues have become paramount. Computer programs costing thousands of research dollars are now copied in an instant. People who would recoil at the thought of stealing cars, computers, or VCRs regularly steal software or copy their favorite music from a friend's CD. Since the Web has no national boundaries, these issues are international concerns. (...)
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  15. Justifying intellectual property.Edwin C. Hettinger - 1989 - Philosophy and Public Affairs 18 (1):31-52.
  16. Locke, intellectual property rights, and the information commons.Herman T. Tavani - 2005 - Ethics and Information Technology 7 (2):87-97.
    This paper examines the question whether, and to what extent, John Locke’s classic theory of property can be applied to the current debate involving intellectual property rights (IPRs) and the information commons. Organized into four main sections, Section 1 includes a brief exposition of Locke’s arguments for the just appropriation of physical objects and tangible property. In Section 2, I consider some challenges involved in extending Locke’s labor theory of property to the debate about IPRs (...)
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  17. Intellectual Property and the Pharmaceutical Industry: A Moral Crossroads Between Health and Property.Rivka Amado & Nevin M. Gewertz - 2004 - Journal of Business Ethics 55 (3):295-308.
    The moral justification of intellectual property is often called into question when placed in the context of pharmaceutical patents and global health concerns. The theoretical accounts of both John Rawls and Robert Nozick provide an excellent ethical framework from which such questions can be clarified. While Nozick upholds an individuals right to intellectual property, based upon its conformation with Lockean notions of property and Nozicks ideas of just acquisition and transfer, Rawls emphasizes the importance of (...)
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  18. Intellectual Property and the Prisoner's Dilemma: A Game Theory Justification of Copyrights, Patents, and Trade Secrets.Adam Moore - 2018 - Fordham Intellectual Property, Media and Entertainment Law Journal 28.
    Setting aside various foundational moral entanglements, I will offer an argument for the protection of intellectual property based on individual self-interest and prudence. In large part, this argument will parallel considerations that arise in a prisoner’s dilemma game. After sketching the salient features of a prisoner’s dilemma, I will briefly examine the nature of intellectual property and how one can view content creation, exclusion, and access as a prisoner’s dilemma. In brief, allowing content to be unprotected (...)
     
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  19. The Intellectual Property Provisions of the United States-Jordan Free Trade Agreement: Template or Not Template.Bashar H. Malkawi - 2006 - Journal of World Intellectual Property 9:213-229.
    The objective of this article is to examine the implications of the intellectual property provisions in the US–Jordan Free Trade Agreement (US–JO FTA) and whether they serve as a template for other Arab countries who will be concluding free trade agreements with the USA. My claim in this article is that the intellectual property part of the US–JO FTA goes beyond the World Trade Organization Agreement and cannot form the right template for the proposed US–Middle East (...)
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  20.  97
    Intellectual Property and Pharmaceutical Drugs.Richard T. De George - 2005 - Business Ethics Quarterly 15 (4):549-575.
    The pharmaceutical industry has in recent years come under attack from an ethical point of view concerning its patents and thenon-accessibility of life-saving drugs for many of the poor both in less developed countries and in the United States. The industry has replied with economic and legal justifications for its actions. The result has been a communication gap between the industry on the one hand and poor nations and American critics on the other. This paper attempts to present and evaluate (...)
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  21.  53
    Intellectual Property and Pharmaceutical Drugs.Richard T. De George - 2005 - Business Ethics Quarterly 15 (4):549-575.
    The pharmaceutical industry has in recent years come under attack from an ethical point of view concerning its patents and thenon-accessibility of life-saving drugs for many of the poor both in less developed countries and in the United States. The industry has replied with economic and legal justifications for its actions. The result has been a communication gap between the industry on the one hand and poor nations and American critics on the other. This paper attempts to present and evaluate (...)
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  22.  21
    Intellectual Property Battles in a Technological Global Economy.David P. Schmidt - 2004 - Business Ethics Quarterly 14 (4):679-693.
    War has broken out in the technological global economy, principally in battles over intellectual property. A particularly fierce aspect ofthis battle sets people who guard proprietary software against hackers, who want information to be free. The key challenge today is to produce an adequate conceptual lens for seeing what ethically is at stake in this battle. Toward this end, this paper uses the just war tradition to analyze differences between proponents of Free Software and proponents of Open Source (...)
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  23.  31
    Intellectual Property Battles in a Technological Global Economy: A Just War Analysis.David P. Schmidt - 2004 - Business Ethics Quarterly 14 (4):679-693.
    War has broken out in the technological global economy, principally in battles over intellectual property. A particularly fierce aspect ofthis battle sets people who guard proprietary software against hackers, who want information to be free. The key challenge today is to produce an adequate conceptual lens for seeing what ethically is at stake in this battle. Toward this end, this paper uses the just war tradition to analyze differences between proponents of Free Software and proponents of Open Source (...)
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  24. Intellectual Property, the Non-Aggression Principle, and Pre-Propertarian Liberty: New-Paradigm Libertarian Replies to some Rothbardian Criticisms.J. C. Lester - 2016 - In Arguments for Liberty: A Libertarian Miscellany. Buckingham, England: The University of Buckingham Press. pp. 160-183.
    Andy Curzon replied (often quoting from the opening sections of Lester 2014, chapter 10) in an ongoing debate with Lee Waaks, which Mr Waaks forwarded (with approval) to the Libertarian Alliance Forum (27 February 2015). This response replies to the criticisms after directly quoting them (the indented text; except where Lester is occasionally quoted, as indicated). A few cuts have been made to avoid some repetition and irrelevance. However, just as Mr Curzon sometimes repeats his main points in slightly different (...)
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  25.  10
    Intellectual Property Theory and Practice: A Critical Examination of China's TRIPS Compliance and Beyond.Wenwei Guan - 2014 - Berlin, Heidelberg: Imprint: Springer.
    This book explains China's intellectual property perspective in the context of European theories, through a critical examination of intellectual property theory and practice focused on China's compliance with the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). The author's critical review of contemporary intellectual property philosophy suggests that justifying intellectual property protection through Locke or Hegel's property theories internalizes a theoretical paradox. "Professor Wenwei Guan's treatment of intellectual (...)
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  26.  12
    Intellectual property meets transdisciplinary co-design: prioritizing responsiveness in the production of new AgTech through located response-ability.Karly Ann Burch, Dawn Nafus, Katharine Legun & Laurens Klerkx - 2022 - Agriculture and Human Values 40 (2):455-474.
    This paper explores the complex relationship between intellectual property (IP) and the transdisciplinary collaborative design (co-design) of new digital technologies for agriculture (AgTech). More specifically, it explores how prioritizing the capturing of IP as a central researcher responsibility can cause disruptions to research relationships and project outcomes. We argue that boundary-making processes associated with IP create a particular context through which responsibility can, and must, be located and cultivated by researchers working within transdisciplinary collaborations. We draw from interview (...)
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  27.  8
    Intellectual Property Rights and Computer Software.John Weckert - 1997 - Business Ethics, the Environment and Responsibility 6 (2):101-109.
    ‘It is much more difficult than is often admitted to make a strong case for the ownership of computer software.’ This closely argued study of the strengths and weaknesses of the case for intellectual property rights and against software piracy is based on material contained in the author’s joint work with Douglas Adeney, Computer and Information Ethics, Greenwood Press, an imprint of Greenwood Publishing Group, INC., Westport, CT, forthcoming May, 1997. The author is a member of the School (...)
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  28.  29
    Intellectual Property Rights and Global Climate Change: Toward Resolving an Apparent Dilemma.Justin B. Biddle - 2016 - Ethics, Policy and Environment 19 (3):301-319.
    This paper addresses an apparent dilemma that must be resolved in order to respond ethically to global climate change. The dilemma can be presented as follows. Responding ethically to global climate change requires technological innovation that is accessible to everyone, including inhabitants of the least developed countries. Technological innovation, according to many, requires strong intellectual property protection, but strong intellectual property protection makes it highly unlikely that patent-protected technologies will be accessible to developing countries at affordable (...)
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  29.  29
    Intellectual Property: Moral, Legal, and International Dilemmas.Adam D. Moore (ed.) - 1997 - Rowman & Littlefield Publishers.
    As the expansion of the Internet and the digital formatting of all kinds of creative works move us further into the information age, intellectual property issues have become paramount. Computer programs costing thousands of research dollars are now copied in an instant. People who would recoil at the thought of stealing cars, computers, or VCRs regularly steal software or copy their favorite music from a friend's CD. Since the Web has no national boundaries, these issues are international concerns. (...)
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  30. Intellectual property.Adam Moore - forthcoming - Stanford Encyclopedia of Philosophy.
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  31.  39
    Intellectual property rights and computer software.John Weckert - 1997 - Business Ethics, the Environment and Responsibility 6 (2):101–109.
    ‘It is much more difficult than is often admitted to make a strong case for the ownership of computer software.’ This closely argued study of the strengths and weaknesses of the case for intellectual property rights and against software piracy is based on material contained in the author’s joint work with Douglas Adeney, Computer and Information Ethics, Greenwood Press, an imprint of Greenwood Publishing Group, INC., Westport, CT, forthcoming May, 1997. The author is a member of the School (...)
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  32.  12
    Constructing Intellectual Property.Alexandra George - 2012 - Cambridge University Press.
    What is 'intellectual property'? This book examines the way in which this important area of law is constructed by the legal system. It argues that intellectual property is a body of rules, created by the legal system, that regulate the documented forms of abstract objects, which are also defined into existence by the legal system. Intellectual property law thus constructs its own objects of regulation and it does so through the application of a collection (...)
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  33.  5
    The Intellectual Property of Nations: Sociological and Historical Perspectives on a Modern Legal Institution.Laura R. Ford - 2021 - Cambridge University Press.
    Drawing on macro-historical sociological theories, this book traces the development of intellectual property as a new type of legal property in the modern nation-state system. In its current form, intellectual property is considered part of an infrastructure of state power that incentivizes innovation, creativity, and scientific development, all engines of economic growth. To show how this infrastructure of power emerged, Laura Ford follows macro-historical social theorists, including Michael Mann and Max Weber, back to antiquity, revealing (...)
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  34.  4
    Strategic intellectual property litigation, the right of publicity, and the attenuation of free speech: Lessons from the schwarzenegger bobblehead doll war (and peace).William T. Gallagher - manuscript
    This article is part of a Symposium that examines the legal and policy issues raised by the Schwarzenegger bobblehead doll litigation, in which a Hollywood star-turned-governor sued under California's right of publicity laws and under federal copyright law to stop a small Ohio company from selling a bobblehead doll depicting Schwarzenegger in a business suit, with a bandolier of bullets, and brandishing an assault rifle. The article contends that defendants' unauthorized use of the Schwarzenegger image on dolls and their accompanying (...)
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  35.  80
    Intellectual property and the commercialization of research and development.Vincent Norcia - 2005 - Science and Engineering Ethics 11 (2):203-219.
    Concern about the commercialization of research is rising, notably in testing new drugs. The problem involves oversimplified, polarizing assumptions about research and development (R&D) and intellectual property (IP). To address this problem this paper sets forth a more complex three phase RT&D process, involving Scientific Research (R), Technological Innovation (T), and Commercial Product Development (D) or the RT&D process. Scientific research and innovation testing involve costly intellectual work and do not produce free goods, but rather require IP (...)
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  36.  56
    Intellectual Property Rights, Moral Imagination, and Access to Life-Enhancing Drugs.Michael Gorman - 2005 - Business Ethics Quarterly 15 (4):595-613.
    Abstract:Although the idea of intellectual property (IP) rights—proprietary rights to what one invents, writes, paints, composes or creates—is firmly embedded in Western thinking, these rights are now being challenged across the globe in a number of areas. This paper will focus on one of these challenges: government-sanctioned copying of patented drugs without permission or license of the patent owner in the name of national security, in health emergencies, or life-threatening epidemics. After discussing standard rights-based and utilitarian arguments defending (...)
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  37.  88
    Against intellectual property.N. Stephan Kinsella - 2001 - Journal of Libertarian Studies 15 (2; SEAS SPR):1-54.
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  38. Intellectual Property and Natural Law.Gary Chartier - 2011 - Australian Journal of Legal Philosophy 36:58-88.
    Explains why a natural law theory of property rights need not be hospitable to intellectual property.
     
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  39.  66
    Intellectual Property and the Freedom Needed to Solve the Crisis of Resistant Infections.Gregory Salmieri - 2018 - George Mason Law Review 26 (1):215-229.
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  40.  50
    Intellectual property rights and detached human body parts.Justine Pila - 2014 - Journal of Medical Ethics 40 (1):27-32.
    This paper responds to an invitation by the editors to consider whether the intellectual property regime suggests an appropriate model for protecting interests in detached human body parts. It begins by outlining the extent of existing IP protection for body parts in Europe, and the relevant strengths and weaknesses of the patent system in that regard. It then considers two further species of IP right of less obvious relevance. The first are the statutory rights of ownership conferred by (...)
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  41.  9
    Intellectual Property Tools in Safeguarding Intangible Cultural Heritage: A Chinese Perspective.Yuchang le ChengYuan - 2020 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 34 (3):893-906.
    Intangible cultural heritage is an invaluable treasure for human being and China is a country endowed with rich ICH. Among all the measures of safeguarding ICH, intellectual property tools are effective while controversial. As China started relatively late in the legal protection of ICH, the gap between legislation and judiciary needs to be filled in. This study examines the IP protection of ICH in China based on the current laws and regulations and then provides a semiotic approach to (...)
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  42.  71
    Intellectual property, copyright, and fair use in education.Shaheen E. Lakhan & Meenakshi K. Khurana - 2008 - Cogprints.
    As with other rights, such as liberty and organization, intellectual property (IP) rights are often overlooked or disregarded simply because they are intangible. Yet, IP rights are essential to the workings of our society, and upholding them means greater freedom to invent, create, and advance.
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  43.  55
    Intellectual Property Law and the Globalization of Indigenous Cultural Expressions: Māori Tattoo and the Whitmill versus Warner Bros. Case.Leon Tan - 2013 - Theory, Culture and Society 30 (3):61-81.
    From the time of British colonial settlement, innumerable taonga have been appropriated from the indigenous Māori population of Aotearoa/New Zealand, from cloaks, weapons, carvings and musical instruments to the practices and products of tā moko. This article focuses on the topic of cultural appropriation, homing in on a recent legal case, Whitmill v. Warner Bros., in which an artist sued Warner Bros. in a US court for pirating a ‘ Māori-inspired’ tattoo created for Mike Tyson, so as to tease out (...)
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  44.  76
    Intellectual property and biotechnology: The U.s. Internal experience--part I.Baruch A. Brody - 2006 - Kennedy Institute of Ethics Journal 16 (1):1-37.
    : In the development of biotechnology in the United States, many questions were raised about the appropriateness of applying to this area a traditional robust system of intellectual property rights. Despite these hesitations, the U.S. rejected suggested modifications. This was a mistake, and there is a need to develop a modified system that promotes more of the relevant ethical values.
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  45.  39
    Intellectual property and practical reason.Eric R. Claeys - 2018 - Jurisprudence 9 (2):251-275.
    ABSTRACTIn scholarship on intellectual property, nonconsequentialist justifications for IP rights seem to suffer from one of two flaws. To some, such justifications seem indeterminate; they seem not to offer concrete guidance about how rights should be structured in practice. To others, such justifications seem dogmatic; they seem to mandate certain conclusions without letting decision makers consider the relevant context or consequences of different proposals to regulate IP. Both impressions neglect an important dimension of reasoning about rights—practical reason. In (...)
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  46.  11
    Intellectual Property Right of Transgenic Crops and Right to Work: Bioethical Challenges in Rural Communities.Bahareh Heydari & Najmeh Razmkhah - 2014 - Bangladesh Journal of Bioethics 5 (2):49-60.
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  47.  17
    Intellectual property rights, compulsory licensing and the TRIPS agreement: Some ethical issues.Udo Schüklenk - 2003 - Monash Bioethics Review 22 (2):S63-S68.
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  48.  20
    Intellectual Property Law as an Internal Limit on Intellectual Property Rights and Autonomous Source of Liability for Intellectual Property Owners.Elizabeth F. Judge - 2007 - Bulletin of Science, Technology and Society 27 (4):301-313.
    This article considers the interplay between intellectual property rights and classic property rights raised by Hoffman v. Monsanto (2005) and advances the idea that intellectual property law can serve as an autonomous source of liability for intellectual property owners. The article develops the conceptual advantages of demarcating physical and intellectual properties and allocating rights and responsibilities based on the respective property sphere. It introduces a theoretical Hohfeldian framework, in which the grant (...)
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  49.  6
    Intellectual property and biotechnology: the European debate.Baruch B. Brody - 2007 - Kennedy Institute of Ethics Journal 17 (2):69.
    The European patent system allows for the introduction of moral issues into decisions about the granting of patents. This feature has.
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  50.  56
    Intellectual property and biotechnology: The U.s. Internal experience--part II.Baruch A. Brody - 2006 - Kennedy Institute of Ethics Journal 16 (2):105-128.
    : Continuing the discussion begun in the March 2006 issue of the Kennedy Institute of Ethics Journal, this paper further documents the failure of the United States to adequately consider possible modifications in the traditional robust system of intellectual property rights as applied to biotechnology. It discusses concrete suggestions for alternative disclosure requirements, for exemptions for research tools, and for improved access to clinical advances. In each of these cases, the modifications might be more responsive to the full (...)
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