Managing the Intellectual Property Sprawl

Abstract

This paper, prepared for a May 2012 workshop at University of San Diego Law School on the Law & Philosophy of Intellectual Property, uses Robert Merges' Justifying Intellectual Property to develop a field of Intellectual Property Use, modeled on Land Use. Framing the argument around the elements of Merges' book, the author explains that intellectual property law and policy has overlooked he interests of users in favor of those of owners. The author examines Lockean, Kantian and Rawlsian theories of IP ownership to identify how users' interests can be recognized. The article ends with what a user centered approach to intellectual property would look like and a conclusion that intellectual property management will be an important focus for intellectual property scholarship and practice in the future.

Keywords: Intellectual Property, Property Theory, Law and Philosophy

JEL Classification: K2