Two ethical frameworks have dominated the discussion of organ donation for long: that of property rights and that of gift-giving. However, recent years have seen a drastic rise in the number of philosophical analyses of the meaning of giving and generosity, which has been mirrored in ethical debates on organ donation and in critical sociological, anthropological and ethnological work on the gift metaphor in this context. In order to capture the flourishing of this field, this article distinguishes between (...) four frameworks for thinking about bodily exchanges in medicine: those of property rights, heroic gift-giving, sacrifice, and gift-giving as aporia. These frameworks represent four different ways of making sense of donation of organs as well as tissue, gametes and blood, draw on different conceptions of the relations between the self and the other, and bring out different ethical issues as core ones. The article presents these frameworks, argues that all of them run into difficulties when trying to make sense of reciprocity and relational interdependence in donation, and shows how the three gift-giving frameworks (of heroism, sacrifice and aporia) hang together in a critical discussion about what is at stake in organ donation. It also presents and argues in favour of an alternative intercorporeal framework of giving-through-sharing that more thoroughly explicates the gift metaphor in the context of donation, and offers tools for making sense of relational dimensions of live and post mortem donations. (shrink)

Much of today’s international trade is conducted according to trade agreements that involve substantial and uniform protections of intellectual property rights. Intellectual property rights are a socio‐economic tool that create a temporary monopoly for inventor firms and enable such firms to charge prices for their innovations that are many times higher than the marginal cost of production of the innovations. This allows the inventor firms to salvage their research‐costs and secure a profit on their innovations. A (...) large body of contemporary philosophical and interdisciplinary literature suggests that intellectual property rights give rise to a number of ethical problems. This review paper seeks to give an overview of what these problems are. It also offers an outline of proposals as to how these problems might be alleviated, and it briefly explains the two classical defenses of the ethical permissibility of intellectual property rights. The ethical issues surrounding intellectual property rights are most pertinent when it is socially valuable goods that are given intellectual property protection. The discussions in this paper revolve around just one product type in order to bring out the broader ethical issues surrounding intellectual property rights. In line with much contemporary literature on the ethical dimensions of intellectual property rights, the product type in question is life‐saving medicines. (shrink)

This paper contributes to the computer ethics debate on software ownership protection by examining the ontological, methodological, and ethical problems related to property right infringement that should come prior to any legal discussion. The ontological problem consists in determining precisely what it is for a computer program to be a copy of another one, a largely neglected problem in computer ethics. The methodological problem is defined as the difficulty of deciding whether a given software system is a (...) copy of another system. And the ethical problem corresponds to establishing when a copy constitutes, or does not constitute, a property right infringement. The ontological problem is solved on the logical analysis of abstract machines, and the latter are argued to be the appropriate level of abstraction for software at which the methodological and the ethical problems can be successfully addressed. (shrink)

In this paper, we critique the emergent international normative framework of growth – the knowledge economy. We point out that the standardized character of knowledge economy's flagship – intellectual property rights (IPRs) – has an adverse impact on women in emerging economies, such as India. Conversely, this impact on women, a significant consumer segment, has a feedback effect in terms of market growth. Conceptually, we analyze the consequences of knowledge economy and standardized IPR through a feminist lens. We (...) extend the analyses by pointing to various contradictions surrounding growth norms; for example, there are inherent contradictions between established "formal" legalistic interpretation ofIPR, "soft law" norms of corporate social responsibility, a fluid situation of moral claims of human rights, and different institutional capabilities at the international and domestic level. Consequently, we are able to demonstrate how standard IPR laws fail to deliver equity for all. We argue our case through exploring the growth aspects of the agricultural sector in India and the adverse impact of standard biopatenting on women farmers' rights (as producers and consumers) and preservation of environment. We suggest that desired gendered equity is better achieved when there is a constellation of actors – private–sector business, the state, and civil-society leaders – working together to ensure a balanced development through tailoring of IPR to local needs. (shrink)

Since the 1980s, developed countries, led by the United States and the countries of the European Union, have sought to incorporate intellectual property rights provisions into global trade agreements. These countries successfully negotiated the World Trade Organization's 1994 Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), which required developing countries to adopt intellectual property provisions comparable to developed countries. In this manuscript, we review the policy controversy surrounding TRIPS and examine the two main ethical (...) arguments articulated in its support — a theory of natural rights and a utilitarian argument. We contend that these theories provide insufficient bases for an intellectual property rights regime that compromises access to essential medicines in the developing world. While the policy community has engaged in active debate around the policy effects of TRIPS, scholars have not thoroughly considered the full ethical underpinnings of those policy arguments. We believe that a more robust understanding of the ethical implications of the agreement should inform policy discussions in the future. (shrink)

Most papers included in this special issue were presented at the Fifth International Bioethics Conference, “The Ethics of Intellectual Property Rights and Patents,” held in Warsaw, Poland on 23–24 April, 2004.

In recent decades, advances in information technology have given rise to a post-industrial society in which emphasis on the manufacture of material goods has been supplanted by the creation of intellectual property. Indeed, this new “knowledge economy” can be tracked by the exponential growth in patented products across a range of sectors since the 1980s. According to the United States Patent and Trademark Office, the number of annual patent applications submitted grew from 112,379 to 520,277 over the past three (...) decades, a 464% increase.The transformation in the industrial markets has been accompanied by the rise of a new, global institution for coordinating intellectual property rights : the World Trade Organization. (shrink)

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. This paper examines the sources of this problem from the standpoint of traditional Chinese social and political philosophy (specifically Neo-Confucianism). It points out that the basic assumptions about the nature of intellectual property, which arose during the 17th and 18th centuries in Europe, are fundamentally at odds with the traditional Chinese view of the role of intellectuals in society. It suggests that policies which do not take these differences into account, but which attempt to transfer Western legal concepts without the underlying social constructs are responsible for much of the lack of success in the area of intellectual property rights. (shrink)

Eighty percent of (commercial) genetically engineered seeds (GES) are designed only to resist herbicides. Letting farmers use more chemicals, they cut labor costs. But developing nations say GES cause food shortages, unemployment, resistant weeds, and extinction of native cultivars when “volunteers” drift nearby. While GES patents are reasonable, this paper argues many patent policies are not. The paper surveys GE technology, outlines John Locke’s classic account of property rights, and argues that current patent policies must be revised to (...) take account of Lockean ethical constraints. After answering a key objection, it provides concrete suggestions for implementing its ethical conclusions. (shrink)

The primary theme of this paper is the normative case against ownership of one's genetic information along with the source of that information (usually human tissues samples). The argument presented here against such “upstream” property rights is based primarily on utilitarian grounds. This issue has new salience thanks to the Human Genome Project and “bio-prospecting” initiatives based on the aggregation of genetic information, such as the one being managed by deCODE Genetics in Iceland. The rationale for ownership is (...) twofold: ownership will protect the basic human rights of privacy and autonomy and it will enable the data subjects to share in the tangible benefits of the genetic research. Proponents of this viewpoint often cite the principle of genetic exceptionalism, which asserts that genetic information needs a higher level of protection than other kinds of personal information such as financial data. We argue, however, that the recognition of such ownership rights would lead to inefficiency along with the disutility of genetic discoveries. Biomedical research will be hampered if property rights in genes and genetic material are too extensive. We contend that other mechanisms such as informed consent and strict confidentiality rules can accomplish the same result as a property right without the liabilities of an exclusive entitlement. (shrink)

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 intellectual property we will present another model. IP is almost always a result of a long history of scientific or technological development and numbers of networks of creativity, not the act of a single person or a group of people at one moment in time. Thus thinking about and evaluating IP requires thinking about IP as shared rights. A network approach to IP challenges a traditional model of IP. It follows that the owner of those rights has some obligations to share that information or its outcomes. If that conclusion is applied to the distribution of antiretroviral drugs, what pharmaceutical companies are ethically required to do to increase access to these medicines in the developing world will have to be reanalyzed from a more systemic perspective. (shrink)

In “Property Rights and the Resource Curse” Leif Wenar argues that the purchase and sale of resources from certain countries constitutes a violation of property rights, and the priority in reforming global trade should be on protecting these property rights. Specifically, Wenar argues that the U.S. and other western liberal democracies should not be complicit in the trade of so-called cursed resources, and the extant legal system can be used to end the trade in (...) cursed resources by prohibiting the importation of cursed resources, litigating against companies that operate in resource-cursed countries, and imposing trade tariffs on third party countries’ exports if they trade in cursed resources. In this paper, I show that while Wenar is correct that the trade in cursed resources is morally objectionable and therefore creates additional moral obligations for participants in that trade, his normative assessment fails to take account of the complexity of the resource curse and his prescriptive proposal for clean trade will not reduce harm in resource-cursed countries. I suggest that the reduction of harm, rather than the enforcement of property rights, should be the normative and practical focus in evaluating and reforming trade in natural resources. (shrink)

ABSTRACT:A key factor in the decision to convert a publicly owned company to private status is the expectation that value will be created, providing the firm with rent. These rents have implications regarding the property rights of the firm’s capital-contributing constituencies. We identify and analyze the types of rent associated with the newly private firm. Compared to public firms, going private allows owners the potential to partition part of the residual risk to bond holders and employees, rendering them (...) to be co-residual risk bearers with owners. We propose that new promotion-based contracts with bond holders and employees, reflecting their particular investments, be negotiated as the firm migrates from public to private status. These contracts should acknowledge the firm’s intent to maximize shareholder value and its need to take the risks necessary to do so, but support that the firm’s survival not be undermined due to its possibly opportunistic owners. (shrink)

‘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 of Information Studies at Charles Sturt University, PO Box 588, Wagga Wagga, NSW 2650 Australia; tel 61 69 33 2372; fax 61 69 33 2733; email [email protected] wishes to acknowledge the contribution to this paper of Douglas Adeney of the University of Melbourne. (shrink)

Most papers included in this special issue were presented at the Fifth International Bioethics Conference, “The Ethics of Intellectual Property Rights and Patents,” held in Warsaw, Poland on 23–24 April, 2004.

There is a common view, dating back at least to Hume, that property rights presuppose scarcity. This paper is a critical examination of that thesis. In addition to questioning the thesis, the paper highlights the need to divorce the debate over this thesis from the debate over Intellectual Property (IP) rights (the area where it is most frequently applied). I begin by laying out the thesis’ major line of defense. In brief, the argument is that (1) (...) property rights are legitimate only when necessary, (2) necessary only to avoid injury resulting from one party’s use or possession of a good over others’, and (3) that such injury is possible only where there is scarcity. While I accept (1) (at least for the sake of argument), I argue that each of three prominent theories of the justification of property rights cast doubt on (2) and (3). As it turns out, at the theoretical level, there are a number of different ways of dealing with this conflict. However, I argue, no matter which theoretical path one takes, it turns out that the practical implications of the relationship between property rights and scarcity have been woefully misconstrued. Finally, I recount an independent argument for the thesis under consideration and argue that, whether or not it is successful against IP, it does not extend as an argument against ownership of non-scarce goods in general. This serves to further highlight the need to distinguish arguments for the thesis under consideration from arguments against IP. (shrink)

Corporate property rights present an interesting challenge to the liberal conception of property rights, for it is unclear that the self-respect of individuals is promoted by the existence of a system of property rights for corporations. I argue that it is difficult even to identify who the individuals are who are the owners of large corporations, and why these individuals should be given the same claims, protections and immunities as other property rights (...) holders since the liabilities of corporate property rights holders are not the same as of those, for instance, who own their own homes. In this paper I first try to understand who it is who owns the large corporation. Secondly, I show that the limited liability of these corporate property owners makes the justification of corporate property rights quite difficult, from the classical liberal perspective. I end with a few brief remarks on changes in legal policy which would be consistent with my arguments on the nature and justification of corporate property rights. (shrink)

This paper applies aspects of Hugo Grotius's theologically informed theory of property to contemporary issues concerning access to the human DNA sequence and patenting practices. It argues that Christians who contribute to public debate in these areas might beneficially employ some of the concepts with which he worked--notably "common right," the "right of necessity," and "use right." In the seventeenth century, wars were fought over trading rights and access to the sea. In the twenty-first century, information and intellectual (...) property are the issues of the day. Grotius's writings serve to correct the overemphasis in modern liberalism on individual rights, and have practical application to the debate concerning the reduction of the human genome to the status of private property. (shrink)

Public goods, as well as commercial commodities, are affected by exclusive arrangements secured by intellectual property (IP) rights. These rights serve as an incentive to invest human and material capital in research and development. Particularly in the life sciences, IP rights regulate objects such as food and medicines that are key to securing human rights, especially the right to adequate food and the right to health. Consequently, IP serves private (economic) and public interests. Part of (...) this charge claims that the current IP regime is privatizing the very building blocks of research and development – that used to be part of the commons. The public domain, in contrast to the private domain, may be the locus of much more diverse forms of creativity that at the same time ensures a wider plurality of productive traditions. An IP regime must support a sense of public morality because it is dependent upon civil support. This inevitably prompts questions of what are “good” exclusive rights and what are “bad” exclusive rights, and how shall such IP rights be developed. We argue that the democratization of the current IP regimes is an important first step to respond to these issues. (shrink)

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 prices. Given (...) this, responding ethically to global climate change is highly unlikely. I argue that this apparent dilemma – which I call ‘the patent dilemma in global climate change’ – should be taken seriously. I discuss a number of possibilities for resolving it, and I argue that any acceptable strategy must satisfy the criteria of near-term feasibility and non-paternalism. Finally, I propose a multi-pronged, multi-tiered strategy that meets these conditions. (shrink)

Social contract thought has always contained multiple and mutually conflicting lines of argument; the minimalist contractarianism so influential today represents the weaker of two main constellations of claims. I make the case for a Kantian contract theory that emphasizes the bedrock principle of consent of the governed instead of the mere heuristic device of the exit from the state of nature. Such a shift in emphasis resolves two classic difficulties: tradi- tional contract theory’s ahistorical presumption of a pre-political settlement, and (...) its impossibly high demands on citizens seeking to practice self-rule. Kant’s solutions to these problems of property rights and citizenship are found in his political works, rather than the ethical works through which Kant’s political theory is usually interpreted. (shrink)

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 of the patent mechanism. I argue that the positions of privilege established through both the patent and the copyright mechanisms are positions that do not “allow the most extensive liberty compatible with a like liberty for all.” They do not “benefit the least advantaged.” Nor are they “open to all under conditions of fair equality of opportunity.” In making this argument I critically assess the utilitarian defense of intellectual property rights and find it insufficient to respond to the injustices manifest in our current arrangement for the protection of intellectual property rights. (shrink)

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 (...) domestic UK law in respect of employee inventions, and the second are the economic and moral rights recognised by European and international law in respect of authorial works. In the argument made, both of these species of IP right may suggest more appropriate models of sui generis protection for detached human body parts than patent rights because of their capacity better to accommodate the relevant public and private interests in respect of the same. (shrink)

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 the establishment of zones of autonomy. Such commitments have clear applications pertaining to the use and ownership of created ideas. I argue that each of these commitments require intellectual property rights to be substantially limited in scope, strength and duration. In this way the core mechanisms of natural rights thinking ensure a robust public domain and categorically rule out strong intellectual property rights. (shrink)

Dying before one’s time has been a prominent theme in classic literature and poetry. Catherine Linton’s youthful death in Wuthering Heights leaves behind a bereft Heathcliff and generations of mourning readers. The author herself, Emily Brontë, died young from tuberculosis. John Keats’ Ode on Melancholy captures the transitory beauty of 19th century human lives too often ravished by early death. Keats also died of tuberculosis, aged 25. “The bloom, whose petals nipped before they blew, died on the promise of the (...) fruit” is how Percy Bysshe Shelley expressed his grief over Keats’ death. Emily Dickinson wrote So Has a Daisy Vanished, being driven into depression by the early loss of loved ones from typhoid and tuberculosis. (shrink)

The failure of the Canadian pharmaceutical company Biolyse Pharma to obtain authorization under Canada’s Access to Medicines Regime to produce 15 million badly needed doses of a generic copy...

The argument in this essay is twofold. (1) Procedural justice requires,in particular cases, that we restrict property rights in natural resources, e.g., California agricultural land or Appalachian coal land. (2) Conditions imposed by Locke's political theory and by dense population require,in general, that we restrict property rights in finite or non-renewable natural resources such as land. If these arguments are correct, then we have a moral imperative to use land-use controls (such as taxation, planning, zoning, and (...) acreage limitations) to restructure land ownership and land use in a far more radical way than has ever been accomplished in the past. (shrink)

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. (shrink)

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 (...) and digital information. In Section 3, it is argued that even if the labor analogy breaks down, we should not necessarily infer that Locke’s theory has no relevance for the contemporary debate involving IPRs and the information commons. Alternatively, I argue that much of what Locke has to say about the kinds of considerations that ought to be accorded to the physical commons when appropriating objects from it – especially his proviso requiring that “enough and as good” be left for others – can also be applied to appropriations involving the information commons. Based on my reading of Locke’s proviso, I further argue that Locke would presume in favor of the information commons when competing interests (involving the rights of individual appropriators and the preservation of the commons) are at stake. In this sense, I believe that Locke offers us an adjudicative principle for evaluating the claims advanced by rival interests in the contemporary debate about IPRs and the information commons. In Section 4, I apply Locke’s proviso in my analysis of two recent copyright laws: the Copyright Term Extension Act (CTEA), and the Digital Millennium Copyright Act (DMCA). I then argue that both laws violate the spirit of Locke’s proviso because they unfairly restrict the access that ordinary individuals have previously had to resources that comprise the information commons. Noting that Locke would not altogether reject copyright protection for IPRs, I conclude that Locke’s classic property theory provides a useful mechanism for adjudicating between claims about how best to ensure that individuals will be able to continue to access information in digitized form, while at the same time also allowing for that information to enjoy some form of legal protection. (shrink)

This paper puts forward an argument for stakeholder rights. It begins by exploring two major answers to the question, 'in whose interests should the commercial company function?'. One claims parity for other stakeholders alongside the shareholder on the basis of a theory of property rights, and another on a theory of citizenship. Each of these answers, it is argued, fail to convince. The way forward is to recast the initial question, not asking in whose interest the company (...) should function, but which type of interest, potentially located in any sort of person, might the company serve. That interest is identified and distinguished from others that people affected by corporations might have. These distinctions then provide the basis for an argument in favour of enfranchising two sorts of individual: sovereign stakeholders, in charge of monitoring the formulation and revision of company objectives; and secondary stakeholders, who along with those in the first category monitor the means used to achieve those objectives.The paper concludes that these distinctions should lead us to reconsider other elements in the corporate governance debate, such as the nature of a director's fiduciary duty; and the difference between democracy in corporations and democracy in the wider society. (shrink)

International negotiations on anthropogenic climate change are far from running smoothly. Opinions are deeply divided on what are the respective responsibilities of developed and developing countries with regard to the reduction of greenhouse gas emissions and the alleviation of the negative effects of global warming. A major bone of contention concerns the role of intellectual property rights (especially patents) in the development and diffusion of climate-friendly technologies. While developing countries consider IPRs as a formidable barrier to the rapid (...) transfer and the widest possible diffusion of such technologies, developed countries, by contrast, see IPRs as a vital prerequisite for the development and transfer of these same technologies. This debate shows some similarity with the earlier debate on patents and access to lifesaving medicines, although there are also important differences. In our contribution we will explore both the analogies and the differences with this earlier debate. To provide a focus for our discussion, we will examine whether something similar to the Health Impact Fund (HIF), which has been proposed by philosopher Thomas Pogge as a reasonable solution to the ethical dilemmas of protection and accessibility in the field of pharmaceuticals, can also be elaborated for the development and diffusion of climate-friendly technologies. Thus the central question is how an analogous ‘Climate Impact Fund’ would look like and how it would work. This whole exercise will also yield a normative yardstick for assessing the various designs for a Green Climate Fund or a Technology Mechanism that are currently on the table of the international climate negotiations. (shrink)

This article attempts to answer two basic questions. First, can body parts be the subject of property rights? This requires us to start with a definition of property rights, and this is set out in the first section. In the second section, it will be argued that rights in relation to body parts can come within this definition of property rights. However, as explained in the third section, the fact that body parts can (...) be the subject of property rights does not mean that they should. To answer the question of whether body parts should be the subject of property rights we need to consider policy arguments. This article will develop an argument in favour of the recognition of property rights in body parts which focuses on the notion of scarcity of resources. (shrink)

Intellectual property Rights (IPRs) is protected by different systems of laws. Journals must choose a definitive form of systems. Some Blackwell journals use copyright system and some Blackwell use license from authors. Now a days online journals are using creative common licenses. Under creative common license journals are open access, allowed to download, copy, distribute, and display derivative works with proper attribution to author or owner for noncommercial purpose at a free cost. Education on IPRs will support to (...) comprehend ones rights, professional code of conduct and the doctrine of "fair use" in publication. One cannot do anything with once writing. Researchers, academic, editors and readers must have the basic knowledge on who owns the rights in a publication and what users can do with the publication by law. (shrink)