David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Business Ethics Quarterly 15 (4):595-613 (2005)
Although the idea of intellectual property (IP) rights—proprietary rights to what one invents, writes, paints, composes or creates—is firmlyembedded in Western thinking, these rights are now being challenged across the globe in a number of areas. This paper will focus on one of these challenges: government-sanctioned copying of patented drugs without permission or license of the patent owner in the name of national security, in health emergencies, or life-threatening epidemics. After discussing standard rights-based and utilitarian arguments defending intellectual property we will present another model. IP is almost always a result of a long history of scientific or technological development and numbers of networks of creativity, not the act of a single person or a group of people at one moment in time. Thus thinking about and evaluating IP requires thinking about IP as shared rights. A network approach to IP challenges a traditional model of IP. It follows that the owner of those rights has some obligations to share that information or its outcomes. If that conclusion is applied to the distribution of antiretroviral drugs, what pharmaceutical companies are ethically required to do to increase access to these medicines in the developing world will have to be reanalyzed from a more systemic perspective
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
Hugh Breakey (2010). Natural Intellectual Property Rights and the Public Domain. Modern Law Review 73 (2):208-239.
Joseph Millum (2008). Are Pharmaceutical Patents Protected by Human Rights? Journal of Medical Ethics 34 (11):e25-e25.
Darryl J. Murphy (2012). Are Intellectual Property Rights Compatible with Rawlsian Principles of Justice? Ethics and Information Technology 14 (2):109-121.
David Lea (2006). From the Wright Brothers to Microsoft: Issues in the Moral Grounding of Intellectual Property Rights. Business Ethics Quarterly 16 (4):579-598.
Gabriel J. Michael, Catholic Thought and Intellectual Property: Learning From the Ethics of Obligation.
Mônica Steffen Guise Rosina & Lea Shaver (2012). Why Are Generic Drugs Being Held Up in Transit? Intellectual Property Rights, International Trade, and the Right to Health in Brazil and Beyond. Journal of Law, Medicine & Ethics 40 (2):197-205.
Peter Lewin (2007). Creativity or Coercion: Alternative Perspectives on Rights to Intellectual Property. [REVIEW] Journal of Business Ethics 71 (4):441 - 455.
Anand Grover, Brian Citro, Mihir Mankad & Fiona Lander (2012). Pharmaceutical Companies and Global Lack of Access to Medicines: Strengthening Accountability Under the Right to Health. Journal of Law, Medicine & Ethics 40 (2):234-250.
John Alan Lehman (2006). Intellectual Property Rights and Chinese Tradition Section: Philosophical Foundations. [REVIEW] Journal of Business Ethics 69 (1):1 - 9.
Hugh Breakey (2009). Liberalism and Intellectual Property Rights. Politics, Philosophy and Economics 8 (3):329-349.
Paul Steidlmeier (1993). The Moral Legitimacy of Intellectual Property Claims: American Business and Developing Country Perspectives. [REVIEW] Journal of Business Ethics 12 (2):157 - 164.
Hugh Breakey (2010). User's Rights and the Public Domain. Intellectual Property Quarterly (3):312-23.
J. M. Elegido (1995). Intrinsic Limitations of Property Rights. Journal of Business Ethics 14 (5):411 - 416.
Rivka Amado & Nevin M. Gewertz (2004). Intellectual Property and the Pharmaceutical Industry: A Moral Crossroads Between Health and Property. [REVIEW] Journal of Business Ethics 55 (3):295 - 308.
Added to index2011-01-09
Total downloads16 ( #154,465 of 1,699,837 )
Recent downloads (6 months)9 ( #69,042 of 1,699,837 )
How can I increase my downloads?