4 Matching Annotations
- Feb 2014
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s3.amazonaws.com s3.amazonaws.com
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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).
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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.
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The U . S . Co nstitution firmly grounds the proper role of intellectual property policy as utilitarian .
Identify where/how this ground is established.
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Keywords : anticommons, copyright, intellectual property, Lockean Proviso, patent, property rights, state of nature, trademark, utilitarian theory
Tags
- theory
- policy
- state of nature
- trademark
- grounding
- US Constitution
- lobbying
- capture theory
- conclusion
- copyright
- economic motivations
- global context
- patent
- summary
- property rights
- debate
- intellectual property
- Lockean Proviso
- copyx
- non-utilitarian theory
- Fairness Theory
- utilitarian theory
- rights-based non-utilitarian theory
- anticommons
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