Intellectual Property for Humanity: A Manifesto

Daniel Gervais (ed.) The Future of Intellectual Property, ATRIP Research Handbook in Intellectual Property (Edward Elgar 2021)

21 Pages Posted: 19 Jan 2021 Last revised: 26 Feb 2021

See all articles by Phoebe Li

Phoebe Li

University of Sussex Law School

Date Written: November 10, 2020

Abstract

This chapter considers the challenge posed by Peter Drahos’ work on the ‘duties of privilege’, and provides a normative analysis of an intellectual property (IP) regime by articulating IP duties as a lens for defining the optimal scope of IP monopolies. It builds on a correlative duty-based approach as a parameter to better approximating dignitarian thoughts in IP. A paradigm shift to a balanced framework incorporating the duty approach would reconfigure the imbalance and redress the undesirable consequences of inequality.

A duty-based approach is not advocating a dichotomy regime separating rights from duties or replacing rights with duties, but a binary one taking full advantage of the extant IP flexibilities by embedding a sense of belonging, connectedness, honour and respect in a community of IP rights. A duty-based approach will work towards a collaborative humanitarian discourse and serve as a nuanced underpinning to the interface of IP power and competition where impacts will benefit society. Internal and external forces are identified for regulating IP following a comprehensive study on the philosophies of ownership. It concludes by proposing the primary waves of IP duties: a duty to self-moderation; a duty to benefit sharing; a duty to open innovation, and a duty to dissemination.

Keywords: Intellectual property duties; humanity; patents; Sustainable Development Goals (SDGs); intellectual property philosophies; Socially Valued Inventions (SVIs)

JEL Classification: K

Suggested Citation

Li, Phoebe, Intellectual Property for Humanity: A Manifesto (November 10, 2020). Daniel Gervais (ed.) The Future of Intellectual Property, ATRIP Research Handbook in Intellectual Property (Edward Elgar 2021) , Available at SSRN: https://ssrn.com/abstract=3727764

Phoebe Li (Contact Author)

University of Sussex Law School ( email )

Falmer
Brighton BN1 9QN
United Kingdom

HOME PAGE: http://www.sussex.ac.uk/profiles/305243

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