David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Journal of Business Ethics 69 (1):1 - 9 (2006)
Western attempts to obtain Chinese compliance with intellectual property rights have a long history of failure. Most discussions of the problem focus on either legal comparisons or explanations arising from levels of economic development (based primarily on the example of U.S. disregard for such rights during the 18th and 19th centuries). After decades of heated negotiation, intellectual property rights is still one of the major issues of misunderstanding between the West and the various Chinese political entities. This paper examines the sources of this problem from the standpoint of traditional Chinese social and political philosophy (specifically Neo-Confucianism). It points out that the basic assumptions about the nature of intellectual property, which arose during the 17th and 18th centuries in Europe, are fundamentally at odds with the traditional Chinese view of the role of intellectuals in society. It suggests that policies which do not take these differences into account, but which attempt to transfer Western legal concepts without the underlying social constructs are responsible for much of the lack of success in the area of intellectual property rights.
|Keywords||China intellectual property rights Neo-Confucianism confucian ethics Chinese ethics copyright|
|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
David Ackerman, Jing Hu & Liyuan Wei (2009). Confucius, Cars, and Big Government: Impact of Government Involvement in Business on Consumer Perceptions Under Confucianism. [REVIEW] Journal of Business Ethics 88 (3):473 - 482.
Betty Yung (2009). Reflecting on the Common Discourse on Piracy and Intellectual Property Rights: A Divergent Perspective. [REVIEW] Journal of Business Ethics 87 (1):45 - 57.
David Orozco & Latha Poonamallee (2014). The Role of Ethics in the Commercialization of Indigenous Knowledge. Journal of Business Ethics 119 (2):275-286.
Similar books and articles
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.
Darryl J. Murphy (2012). Are Intellectual Property Rights Compatible with Rawlsian Principles of Justice? Ethics and Information Technology 14 (2):109-121.
Hugh Breakey (2009). Liberalism and Intellectual Property Rights. Politics, Philosophy and Economics 8 (3):329-349.
Peter Lewin (2007). Creativity or Coercion: Alternative Perspectives on Rights to Intellectual Property. [REVIEW] Journal of Business Ethics 71 (4):441 - 455.
Shaheen E. Lakhan & Meenakshi K. Khurana (2008). Intellectual Property, Copyright, and Fair Use in Education. Cogprints.
D. B. Resnik (2003). A Pluralistic Account of Intellectual Property. Journal of Business Ethics 46 (4):319 - 335.
Hugh Breakey (2010). Natural Intellectual Property Rights and the Public Domain. Modern Law Review 73 (2):208-239.
Added to index2009-01-28
Total downloads16 ( #118,650 of 1,681,726 )
Recent downloads (6 months)3 ( #78,882 of 1,681,726 )
How can I increase my downloads?