Duty, Consequences, & Intellectual Property
University of Wisconsin Law School
April 30, 2013
University of St. Thomas Law Journal, Vol. 10, No. 3, 2013
Univ. of Wisconsin Legal Studies Research Paper No. 1225
Drawing on Amartya Sen's discussion of The Bhagavad Gita and Hindu concepts of justice (niti and nyaya), this paper examines ethical issues related to the construction of intellectual property policy. The author analyzes deontic, or duty based, and consequentialist theories of law within the context of the debate between Arjuna and Krishna in The Gita. With respect to intellectual property, the author proposes a consequentialist theory of intellectual property based on the duties owed by an owner to other persons. This ethical theory is illustrated through the legal treatment of patents on medical diagnostics (Prometheus v Mayo) as well as on through the doctrines of fair use and first sale. This paper was prepared for a symposium on IP & Religious Thought at University of St Thomas Law School (Minnesota), held April 5, 2013.
Number of Pages in PDF File: 17
Keywords: Intellectual Property, Ethics, Consequentialism, Hindu Religious Thought
JEL Classification: K11
Date posted: May 2, 2013 ; Last revised: May 22, 2014
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