Ethical Theory and Moral Practice 11 (1):37-60 (2008)

Authors
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 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 Philosophy   Ontology   Political Philosophy   Ethics
Categories (categorize this paper)
DOI 10.1007/s10677-007-9084-4
Options
Edit this record
Mark as duplicate
Export citation
Find it on Scholar
Request removal from index
Revision history

Download options

PhilArchive copy


Upload a copy of this paper     Check publisher's policy     Papers currently archived: 62,242
External links

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

The Concept of Law.Hla Hart - 1961 - Oxford University Press.
Two Treatises of Government.John Locke - 1988 - Cambridge University Press.

View all 12 references / Add more references

Citations of this work BETA

Add more citations

Similar books and articles

A Pluralistic Account of Intellectual Property.D. B. Resnik - 2003 - Journal of Business Ethics 46 (4):319-335.
The Ontology of Cyberspace.David Richard Koepsell - 1997 - Dissertation, State University of New York at Buffalo
Could There Be a Right to Own Intellectual Property?James Wilson - 2009 - Law and Philosophy 28 (4):393 - 427.

Analytics

Added to PP index
2009-01-28

Total views
43 ( #247,065 of 2,444,856 )

Recent downloads (6 months)
1 ( #457,287 of 2,444,856 )

How can I increase my downloads?

Downloads

My notes