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Intellectual Property, Asian Philosophy and the Yin-Yang School

16 Pages Posted: 20 Nov 2015 Last revised: 22 Oct 2016

Peter K. Yu

Texas A&M University School of Law

Date Written: November 19, 2015

Abstract

Written for a special issue on intellectual property philosophy, this article begins by providing a brief discussion of the many different schools of Asian philosophy, including those in China and India. Although Confucianism has garnered considerable attention in intellectual property literature, the nexus between Asian philosophy and the notion of intellectual property rights remains largely understudied. Thus, instead of revisiting the debate on intellectual property and Confucianism, this article aims to introduce to the Western audience Yin-Yang, one of the six dominant ancient schools of Chinese philosophy. It argues that this school’s focus on contexts, relationships and adaptiveness and its high tolerance for contradictions have made it particularly well-equipped to address the ongoing intellectual property challenges concerning both emerging economies and the digital environment.

Suggested Citation

Yu, Peter K., Intellectual Property, Asian Philosophy and the Yin-Yang School (November 19, 2015). WIPO Journal, Vol. 7, pp. 1-15, 2015; Texas A&M University School of Law Legal Studies Research Paper No. 16-70. Available at SSRN: https://ssrn.com/abstract=2693420

Peter K. Yu (Contact Author)

Texas A&M University School of Law ( email )

1515 Commerce St.
Fort Worth, TX 76102
United States

HOME PAGE: http://www.peteryu.com/

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