- Feb 2014
The innate qualities of intellectual pr operty, however, in combination with INTELLECTUAL PROPERTY: POLICY FOR INNOVATION 15 strong economic motivations have led U.S. intellectual property policy to operate according to rights - based, non - utilitarian theory, possibly as a result of lobbying (capture theory).
Lobbying has led to a rights-based non-utilitarian theory copyright policy in the US at the present time (2014).
This is understatement to be sure, but the debate has been principally between two theories: a utilitarian policy theory, and a rights - based , non - utilitarian property theory (Long, 1995, n.pag.) .
The debate in intellectual property law has centered around utilitarian policy theory and a rights-based non-utilitarian property theory.
The U . S . Co nstitution firmly grounds the proper role of intellectual property policy as utilitarian .
Identify where/how this ground is established.
Keywords : anticommons, copyright, intellectual property, Lockean Proviso, patent, property rights, state of nature, trademark, utilitarian theory
- capture theory
- intellectual property
- global context
- US Constitution
- rights-based non-utilitarian theory
- Fairness Theory
- economic motivations
- non-utilitarian theory
- utilitarian theory
- state of nature
- property rights
- Lockean Proviso