Does IP improve the world? Technology and its impact on our planet
In: ‘Improving Intellectual Property - A Global Project’, edited by Susy Frankel, Margaret Chon, Graeme Dinwoodie, Barbara Lauriat, and Jens Schovsbo (Edward Elgar, 2023)
University of Cambridge Faculty of Law Research Paper No. 22/20203
10 Pages Posted: 31 Aug 2023
Date Written: August 1, 2023
Abstract
Utilitarian objectives for intellectual property (IP) rights as incentive mechanisms for innovative technologies are widely shared, even though significant debates remain on how to appropriately balance exclusivity and access. This utilitarian perspective is based on the assumption that new technologies and their deployment are in fact welfare enhancing. But is there a sound basis for this assumption? This contribution critically reviews how the technology incentivised by IP protection, as an expression of narratives of progress or ‘sustainable development’, has impacted on life on Earth. While recognising the immense benefits new technologies have brought humanity, it points to the equally severe consequences of technological progress – especially for the poor, for animals and plants. It also highlights our default reliance on technology as solution to our problems, and the un-even distribution of its benefits. Concluding with a brief analysis of the role the IP system, my main aim is to challenge conventional thinking that uncritically welcomes all technological innovation.
Keywords: Intellectual Property, Utilitarianism, Technology, Anthropocene, Climate Change
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