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Keeping the System in Balance: Exclusion and Access

Michael A. Gollin-2008-02-04-Cambridge University Press eBooks
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TL;DRAbstract

The chapter begins with an outline of the debate over the pros and cons of intellectual property laws. Eight arguments on each side are presented. Considering the points on both sides, we can see the need for IP laws to balance public access and private exclusivity. This leads to a critique of the term “public domain” and an effort to map a broader category of knowledge referred to as the accessible domain. Looking at IP rights in this way, we can find new ways to rebalance the international legal system. The tensions in the global IP system suggest such a rebalancing is underway. The chapter concludes by reviewing the possible future scenarios for IP laws, whether stronger, weaker, more uniform, or more diverse.

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The chapter begins with an outline of the debate over the pros and cons of intellectual property laws. Eight arguments on each side are presented. Considering the points on both sides, we can see the need for IP laws to balance public access and private exclusivity. This leads to a critique of the term “public domain” and an effort to map a broader category of knowledge referred to as the accessible domain. Looking at IP rights in this way, we can find new ways to rebalance the international legal system. The tensions in the global IP system suggest such a rebalancing is underway. The chapter concludes by reviewing the possible future scenarios for IP laws, whether stronger, weaker, more uniform, or more diverse.

Keywords

Intellectual propertyBalance (ability)Public domainLaw and economicsDomain (mathematical analysis)Political scienceProperty (philosophy)Law

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