The expansion and restructuring of intellectual property and its implications for the developing world
Ethical Theory and Moral Practice 11 (1):37 - 60 (2008)
|Abstract||In this paper we begin with a reference to the work of Hernando de Soto The Mystery of Capital: Why Capitalism Triumphs in the West and Fails Everywhere Else, and his characterization of the Western institution of formal property . We note the linkages that he sees between the institution and successful capitalist enterprise. Therefore, given the appropriateness of his analysis, it would appear to be worthwhile for developing and less developed countries to adjust their systems of ownership to conform more closely to the Western system of formal property. However, we go on to point out that property relationships within the Western system have become subject to redefinition through the expansion of Intellectual Property (IP) rights in ways that ultimately work to the disadvantage of the developing and less developed countries. We point out that this restructuring has been given global application through the implementation of the TRIPS agreement by the WTO. In the final section of the paper I suggest ways in which IP rights and relevant institutions can be reformed in order to avoid the disadvantages to the developing and less developed countries.|
|Keywords||Intellectual property Ethical implications Developing countries World Trade Organization Income rights Development|
|Categories||categorize this paper)|
|Through your library||Configure|
Similar books and articles
Simon Butt & Timothy Lindsey, Trips, Intellectual Property Law Reform in Indonesia: Why Injunctions Aren't Stopping Piracy.
A. Adewole Asolo-Adeyeye (2005). New Global Business Moral Order and Business Activities in Developing Countries. International Corporate Responsibility Series 2:285-302.
D. B. Resnik (2003). A Pluralistic Account of Intellectual Property. Journal of Business Ethics 46 (4):319 - 335.
G. Collste (2011). Specifying Rights: The Case of TRIPS. Public Health Ethics 4 (1):63-69.
Sidney B. Williams (1991). There is Not a Conflict Between Intellectual Property Rights and the Rights of Farmers in Developing Countries. Journal of Agricultural and Environmental Ethics 4 (2):143-150.
Hope Shand (1991). There is a Conflict Between Intellectual Property Rights and the Rights of Farmers in Developing Countries. Journal of Agricultural and Environmental Ethics 4 (2):131-142.
P. A. Andanda (2008). Human-Tissue-Related Inventions: Ownership and Intellectual Property Rights in International Collaborative Research in Developing Countries. Journal of Medical Ethics 34 (3):171-179.
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.
Added to index2009-01-28
Total downloads17 ( #77,993 of 722,731 )
Recent downloads (6 months)1 ( #60,247 of 722,731 )
How can I increase my downloads?