Results for 'intellectual property'

929 found
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  1. Intellectual Property and Pharmaceutical Drugs: An Ethical Analysis.of Intellectual Property - 2008 - In Tom L. Beauchamp, Norman E. Bowie & Denis Gordon Arnold (eds.), Ethical Theory and Business. New York: Pearson/Prentice Hall.
     
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  2.  14
    From Conflict to Confluence of Interest.Intellectual Property Rights - 2010 - In Thomas H. Murray & Josephine Johnston (eds.), Trust and integrity in biomedical research: the case of financial conflicts of interest. Baltimore: Johns Hopkins University Press.
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  3.  30
    Set to take place from March 21-24, at the glorious Queensland Gold Coast, LAWASIAdownunder2005 will undoubtedly be the leading legal conference for Asia and the Pacific in 2005. [REVIEW]Intellectual Property Law - forthcoming - Ethos: Journal of the Society for Psychological Anthropology.
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  4. Intellectual Property.Seana Valentine Shiffrin - 1996 - In Robert E. Goodin, Philip Pettit & Thomas Winfried Menko Pogge (eds.), A Companion to Contemporary Political Philosophy. Oxford: Wiley-Blackwell. pp. 653–668.
    Intellectual property theory grapples with intriguing questions about the political and personal significance of our mental labour and creativity, the metaphysics of art and expression, the justifications for private property, and conflicts between property and free expression rights. This chapter begins with an introduction to the nature of intellectual property, comparing intellectual property to physical property. It continues with an overview of some arguments for, and criticisms of, the legal protection of (...)
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  5. Natural Intellectual Property Rights and the Public Domain.Hugh Breakey - 2010 - Modern Law Review 73 (2):208-239.
    No natural rights theory justifies strong intellectual property rights. More specifically, no theory within the entire domain of natural rights thinking – encompassing classical liberalism, libertarianism and left-libertarianism, in all their innumerable variants – coherently supports strengthening current intellectual property rights. Despite their many important differences, all these natural rights theories endorse some set of members of a common family of basic ethical precepts. These commitments include non-interference, fairness, non-worsening, consistency, universalisability, prior consent, self-ownership, self-governance, and (...)
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  6. Intellectual Property and the Prisoner's Dilemma: A Game Theory Justification of Copyrights, Patents, and Trade Secrets.Adam Moore - 2018 - Fordham Intellectual Property, Media and Entertainment Law Journal 28.
    Setting aside various foundational moral entanglements, I will offer an argument for the protection of intellectual property based on individual self-interest and prudence. In large part, this argument will parallel considerations that arise in a prisoner’s dilemma game. After sketching the salient features of a prisoner’s dilemma, I will briefly examine the nature of intellectual property and how one can view content creation, exclusion, and access as a prisoner’s dilemma. In brief, allowing content to be unprotected (...)
     
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  7.  11
    Intellectual Property Theory and Practice: A Critical Examination of China's TRIPS Compliance and Beyond.Wenwei Guan - 2014 - Berlin, Heidelberg: Imprint: Springer.
    This book explains China's intellectual property perspective in the context of European theories, through a critical examination of intellectual property theory and practice focused on China's compliance with the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). The author's critical review of contemporary intellectual property philosophy suggests that justifying intellectual property protection through Locke or Hegel's property theories internalizes a theoretical paradox. "Professor Wenwei Guan's treatment of intellectual (...)
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  8.  79
    Intellectual property and biotechnology: The U.s. Internal experience--part I.Baruch A. Brody - 2006 - Kennedy Institute of Ethics Journal 16 (1):1-37.
    : In the development of biotechnology in the United States, many questions were raised about the appropriateness of applying to this area a traditional robust system of intellectual property rights. Despite these hesitations, the U.S. rejected suggested modifications. This was a mistake, and there is a need to develop a modified system that promotes more of the relevant ethical values.
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  9.  18
    Intellectual Property: Moral, Legal, and International Dilemmas.John P. Barlow, David H. Carey, James W. Child, Marci A. Hamilton, Hugh C. Hansen, Edwin C. Hettinger, Justin Hughes, Michael I. Krauss, Charles J. Meyer, Lynn Sharp Paine, Tom C. Palmer, Eugene H. Spafford & Richard Stallman - 1997 - Rowman & Littlefield Publishers.
    As the expansion of the Internet and the digital formatting of all kinds of creative works move us further into the information age, intellectual property issues have become paramount. Computer programs costing thousands of research dollars are now copied in an instant. People who would recoil at the thought of stealing cars, computers, or VCRs regularly steal software or copy their favorite music from a friend's CD. Since the Web has no national boundaries, these issues are international concerns. (...)
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  10.  45
    Intellectual Property Rights and Chinese Tradition Section: Philosophical Foundations.John Alan Lehman - 2006 - Journal of Business Ethics 69 (1):1-9.
    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. (...)
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  11. Intellectual Property, Globalization, and Left-Libertarianism.Constantin Vică - 2015 - Symposion: Theoretical and Applied Inquiries in Philosophy and Social Sciences 2 (3):323–345.
    Intellectual property has become the apple of discord in today’s moral and political debates. Although it has been approached from many different perspectives, a final conclusion has not been reached. In this paper I will offer a new way of thinking about intellectual property rights (IPRs), from a left-libertarian perspective. My thesis is that IPRs are not (natural) original rights, aprioric rights, as it is usually argued. They are derived rights hence any claim for intellectual (...)
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  12.  59
    Intellectual property and biotechnology: The U.s. Internal experience--part II.Baruch A. Brody - 2006 - Kennedy Institute of Ethics Journal 16 (2):105-128.
    : Continuing the discussion begun in the March 2006 issue of the Kennedy Institute of Ethics Journal, this paper further documents the failure of the United States to adequately consider possible modifications in the traditional robust system of intellectual property rights as applied to biotechnology. It discusses concrete suggestions for alternative disclosure requirements, for exemptions for research tools, and for improved access to clinical advances. In each of these cases, the modifications might be more responsive to the full (...)
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  13.  18
    Intellectual property meets transdisciplinary co-design: prioritizing responsiveness in the production of new AgTech through located response-ability.Karly Ann Burch, Dawn Nafus, Katharine Legun & Laurens Klerkx - 2022 - Agriculture and Human Values 40 (2):455-474.
    This paper explores the complex relationship between intellectual property (IP) and the transdisciplinary collaborative design (co-design) of new digital technologies for agriculture (AgTech). More specifically, it explores how prioritizing the capturing of IP as a central researcher responsibility can cause disruptions to research relationships and project outcomes. We argue that boundary-making processes associated with IP create a particular context through which responsibility can, and must, be located and cultivated by researchers working within transdisciplinary collaborations. We draw from interview (...)
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  14.  35
    Growth via Intellectual Property Rights Versus Gendered Inequity in Emerging Economies: An Ethical Dilemma for International Business.Pallab Paul & Kausiki Mukhopadhyay - 2010 - Journal of Business Ethics 91 (3):359-378.
    In this paper, we critique the emergent international normative framework of growth – the knowledge economy. We point out that the standardized character of knowledge economy's flagship – intellectual property rights (IPRs) – has an adverse impact on women in emerging economies, such as India. Conversely, this impact on women, a significant consumer segment, has a feedback effect in terms of market growth. Conceptually, we analyze the consequences of knowledge economy and standardized IPR through a feminist lens. We (...)
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  15.  22
    Intellectual Property Law as an Internal Limit on Intellectual Property Rights and Autonomous Source of Liability for Intellectual Property Owners.Elizabeth F. Judge - 2007 - Bulletin of Science, Technology and Society 27 (4):301-313.
    This article considers the interplay between intellectual property rights and classic property rights raised by Hoffman v. Monsanto (2005) and advances the idea that intellectual property law can serve as an autonomous source of liability for intellectual property owners. The article develops the conceptual advantages of demarcating physical and intellectual properties and allocating rights and responsibilities based on the respective property sphere. It introduces a theoretical Hohfeldian framework, in which the grant (...)
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  16.  35
    Intellectual Property Rights and Global Climate Change: Toward Resolving an Apparent Dilemma.Justin B. Biddle - 2016 - Ethics, Policy and Environment 19 (3):301-319.
    This paper addresses an apparent dilemma that must be resolved in order to respond ethically to global climate change. The dilemma can be presented as follows. Responding ethically to global climate change requires technological innovation that is accessible to everyone, including inhabitants of the least developed countries. Technological innovation, according to many, requires strong intellectual property protection, but strong intellectual property protection makes it highly unlikely that patent-protected technologies will be accessible to developing countries at affordable (...)
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  17.  8
    Strategic intellectual property litigation, the right of publicity, and the attenuation of free speech: Lessons from the schwarzenegger bobblehead doll war (and peace).William T. Gallagher - manuscript
    This article is part of a Symposium that examines the legal and policy issues raised by the Schwarzenegger bobblehead doll litigation, in which a Hollywood star-turned-governor sued under California's right of publicity laws and under federal copyright law to stop a small Ohio company from selling a bobblehead doll depicting Schwarzenegger in a business suit, with a bandolier of bullets, and brandishing an assault rifle. The article contends that defendants' unauthorized use of the Schwarzenegger image on dolls and their accompanying (...)
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  18. Intellectual Property and Natural Law.Gary Chartier - 2011 - Australian Journal of Legal Philosophy 36:58-88.
    Explains why a natural law theory of property rights need not be hospitable to intellectual property.
     
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  19.  33
    Intellectual property, plant breeding and the making of Mendelian genetics.Berris Charnley & Gregory Radick - 2013 - Studies in History and Philosophy of Science Part A 44 (2):222-233.
    Advocates of “Mendelism” early on stressed the usefulness of Mendelian principles for breeders. Ever since, that usefulness—and the favourable opinion of Mendelism it supposedly engendered among breeders—has featured in explanations of the rapid rise of Mendelian genetics. An important counter-tradition of commentary, however, has emphasized the ways in which early Mendelian theory in fact fell short of breeders’ needs. Attention to intellectual property, narrowly and broadly construed, makes possible an approach that takes both the tradition and the counter-tradition (...)
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  20. Intellectual Property and the Pharmaceutical Industry: A Moral Crossroads Between Health and Property.Rivka Amado & Nevin M. Gewertz - 2004 - Journal of Business Ethics 55 (3):295-308.
    The moral justification of intellectual property is often called into question when placed in the context of pharmaceutical patents and global health concerns. The theoretical accounts of both John Rawls and Robert Nozick provide an excellent ethical framework from which such questions can be clarified. While Nozick upholds an individuals right to intellectual property, based upon its conformation with Lockean notions of property and Nozicks ideas of just acquisition and transfer, Rawls emphasizes the importance of (...)
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  21.  33
    Intellectual Property and Theories of Justice.Axel Gosseries, Alain Marciano & Alain Strowel (eds.) - 2008 - Basingstoke & N.Y.: Palgrave McMillan.
    In this volume, fourteen philosophers, economists and legal scholars and one computer scientist address various facets of the same question: under which conditions (if any) can intellectual property rights be fair? This general question unfolds in a variety of others: What are the parallels and differences between intellectual and real property? Are libertarian theories especially sympathetic to IP rights? Should Rawlsian support copyright? How can a concern for incentives be taken into account by each of the (...)
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  22.  13
    Constructing Intellectual Property.Alexandra George - 2012 - Cambridge University Press.
    What is 'intellectual property'? This book examines the way in which this important area of law is constructed by the legal system. It argues that intellectual property is a body of rules, created by the legal system, that regulate the documented forms of abstract objects, which are also defined into existence by the legal system. Intellectual property law thus constructs its own objects of regulation and it does so through the application of a collection (...)
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  23.  23
    Global Intellectual Property Governance.Margaret Chon - 2011 - Theoretical Inquiries in Law 12 (1):349-380.
    Top down as well as bottom-up models of regulation are shifting to a governance paradigm characterized by the greater interaction among public, private and civil society sectors, as well as potential increased flexibility of law. As applied to intellectual property, particularly in the international context, governance literature is emerging but still episodic. In this Article, I examine the World Intellectual Property Organization’s Development Agenda, currently being implemented through its Committee on Development and Intellectual Property. (...)
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  24.  41
    (1 other version)Intellectual property rights and computer software.John Weckert - 1997 - Business Ethics, the Environment and Responsibility 6 (2):101–109.
    ‘It is much more difficult than is often admitted to make a strong case for the ownership of computer software.’ This closely argued study of the strengths and weaknesses of the case for intellectual property rights and against software piracy is based on material contained in the author’s joint work with Douglas Adeney, Computer and Information Ethics, Greenwood Press, an imprint of Greenwood Publishing Group, INC., Westport, CT, forthcoming May, 1997. The author is a member of the School (...)
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  25.  72
    Is the Expiration of Intellectual Property Rights a Problem for Non-consequentialist Theories of Intellectual Property?Jukka Varelius - 2014 - Res Publica 20 (4):345-357.
    The expiration of intellectual property rights has been seen to amount to a problem for non-consequentialist theories of intellectual property. In this article, I assess whether the difficulty is real. I maintain that, as things are at least, there is no sufficient reason to believe that the termination of intellectual property rights is an insurmountable problem for non-consequentialist theories of intellectual property rights.
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  26.  45
    Intellectual property and practical reason.Eric R. Claeys - 2018 - Jurisprudence 9 (2):251-275.
    ABSTRACTIn scholarship on intellectual property, nonconsequentialist justifications for IP rights seem to suffer from one of two flaws. To some, such justifications seem indeterminate; they seem not to offer concrete guidance about how rights should be structured in practice. To others, such justifications seem dogmatic; they seem to mandate certain conclusions without letting decision makers consider the relevant context or consequences of different proposals to regulate IP. Both impressions neglect an important dimension of reasoning about rights—practical reason. In (...)
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  27.  81
    Intellectual property and global health: from corporate social responsibility to the access to knowledge movement.Cristian Timmermann & Henk van den Belt - 2013 - Liverpool Law Review 34 (1):47-73.
    Any system for the protection of intellectual property rights (IPRs) has three main kinds of distributive effects. It will determine or influence: (a) the types of objects that will be developed and for which IPRs will be sought; (b) the differential access various people will have to these objects; and (c) the distribution of the IPRs themselves among various actors. What this means to the area of pharmaceutical research is that many urgently needed medicines will not be developed (...)
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  28. Locke, intellectual property rights, and the information commons.Herman T. Tavani - 2005 - Ethics and Information Technology 7 (2):87-97.
    This paper examines the question whether, and to what extent, John Locke’s classic theory of property can be applied to the current debate involving intellectual property rights (IPRs) and the information commons. Organized into four main sections, Section 1 includes a brief exposition of Locke’s arguments for the just appropriation of physical objects and tangible property. In Section 2, I consider some challenges involved in extending Locke’s labor theory of property to the debate about IPRs (...)
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  29. Are intellectual property rights compatible with Rawlsian principles of justice?Darryl J. Murphy - 2012 - Ethics and Information Technology 14 (2):109-121.
    This paper argues that intellectual property rights are incompatible with Rawls’s principles of justice. This conclusion is based upon an analysis of the social stratification that emerges as a result of the patent mechanism which defines a marginalized group and ensure that its members remain alienated from the rights, benefits, and freedoms afforded by the patent product. This stratification is further complicated, so I argue, by the copyright mechanism that restricts and redistributes those rights already distributed by means (...)
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  30.  13
    Intellectual Property Tools in Safeguarding Intangible Cultural Heritage: A Chinese Perspective.Yuchang le ChengYuan - 2020 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 34 (3):893-906.
    Intangible cultural heritage is an invaluable treasure for human being and China is a country endowed with rich ICH. Among all the measures of safeguarding ICH, intellectual property tools are effective while controversial. As China started relatively late in the legal protection of ICH, the gap between legislation and judiciary needs to be filled in. This study examines the IP protection of ICH in China based on the current laws and regulations and then provides a semiotic approach to (...)
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  31.  34
    Weighing intellectual property: Can we balance the social costs and benefits of patenting?Mario Biagioli - 2019 - History of Science 57 (1):140-163.
    The scale is the most famous emblem of the law, including intellectual property (IP). Because IP rights impose social costs on the public by limiting access to protected work, the law can be justified only to the extent that, on balance, it encourages enough creation and dissemination of new works to offset those costs. The scale is thus a potent rhetorical trope of fairness and objectivity, but also an instrument the law thinks with – one that is constantly (...)
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  32. Bootlegs. Intellectual property and popular culture.Anthony J. Graybosch - 2001 - Journal of Information Ethics 10 (1):35-50.
  33.  58
    Intellectual Property Law and the Globalization of Indigenous Cultural Expressions: Māori Tattoo and the Whitmill versus Warner Bros. Case.Leon Tan - 2013 - Theory, Culture and Society 30 (3):61-81.
    From the time of British colonial settlement, innumerable taonga have been appropriated from the indigenous Māori population of Aotearoa/New Zealand, from cloaks, weapons, carvings and musical instruments to the practices and products of tā moko. This article focuses on the topic of cultural appropriation, homing in on a recent legal case, Whitmill v. Warner Bros., in which an artist sued Warner Bros. in a US court for pirating a ‘ Māori-inspired’ tattoo created for Mike Tyson, so as to tease out (...)
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  34.  63
    Should intellectual property be disseminated by "forwarding" rejected letters without permission?V. K. Gupta - 1996 - Journal of Medical Ethics 22 (4):243-246.
    Substantive scientific letter writing is a cost-effective mode of complementing observational and experimental research. The value of such philosophically uncommitted and unsponsored well-balanced scientific activity has been relegated. Critical letter writing entails the abilities to: maintain rational scepticism; refuse to conform in order to explain data; persist in keeping common sense centre-stage; exercise logic to evaluate the biological significance of mathematical figures, including statistics, and the ability to sustain the will to share insights regarding disease mechanisms on an ostensibly lower (...)
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  35. Intellectual Property and Copyright Ethics.Mark Alfino - 1991 - Business and Professional Ethics Journal 10 (2):85-109.
    Philosophers have given relatively little attention to the ethical issues surrounding the nature of intellectual property in spite of the fact that for the past ten years the public policy debate over "fair use" of copyrighted materials in higher education has been heating up. This neglect is especially striking since copyright ethics are at stake in so many aspects of academic life: the photocopying of materials for classroom use and scholarly work, access to electronic texts, and the cost (...)
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  36. Intellectual property: Questions and answers.Johndan Johnson-Eilola - 1997 - Kairos: A Journal of Rhetoric, Technology, and Pedagogy 3 (1).
     
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  37.  16
    Intellectual Property and Agricultural Science and Innovation in Germany and the United States.Leland L. Glenna & Barbara Brandl - 2017 - Science, Technology, and Human Values 42 (4):622-656.
    In the 1950s and 1960s, prominent institutional economists in the United States offered what became the orthodox theory on the obstacles to commercializing scientific knowledge. According to this theory, scientific knowledge has inherent qualities that make it a public good. Since the 1970s, however, neoliberalism has emphasized the need to convert public goods to private goods to enhance economic growth, and this theory has had global impacts on policies governing the generation and diffusion of scientific research and innovation. We critique (...)
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  38.  17
    Intellectual property rights, the bioeconomy and the challenge of biopiracy.Chris Hamilton - 2008 - Genomics, Society and Policy 4 (3):1-19.
    The last several decades have seen the emergence of intellectual property rights (IPRs), especially patents, as a key issue in developments across the fields of law, the economy and the biosciences, and as part of the burgeoning "bioeconomy". This paper examines how the categories of nature and knowledge, so vital to IPR regimes that support bioeconomy-type projects, are challenged by the allegation of biopiracy. It reflects on the relationship between nature, IPR and the bioeconomy, and presents an example (...)
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  39.  6
    Economics for Intellectual Property Lawyers.Nicola Searle & Martin Brassell - 2016 - Oxford University Press UK.
    Intellectual property has traditionally been a matter for the legal professions, but with the shift to evidence-based policy, the global economic upheaval, and the advent of the digital age, intellectual property is increasingly informed by economic perspectives. This book provides a clear and practical guide to economic approaches to intellectual property, written for a legal audience. It introduces basic concepts in economics and finance that inform the law of intellectual property. Topics discussed (...)
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  40. Intellectual property rights, access to life-enhancing drugs, and corporate moral responsibilities.P. Werhane & M. Gorman - 2006 - Business Ethics Q 16:233-45.
     
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  41.  61
    (1 other version)The Ethics of Intellectual Property Rights in an Era of Globalization.Aakash Kaushik Shah, Jonathan Warsh & Aaron S. Kesselheim - 2013 - Journal of Law, Medicine and Ethics 41 (4):841-851.
    Since the 1980s, developed countries, led by the United States and the countries of the European Union, have sought to incorporate intellectual property rights provisions into global trade agreements. These countries successfully negotiated the World Trade Organization's 1994 Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), which required developing countries to adopt intellectual property provisions comparable to developed countries. In this manuscript, we review the policy controversy surrounding TRIPS and examine the two main (...)
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  42. Property, intellectual property and ethics in public administration.Sara R. Jordan - 2020 - In Nicole M. Elias & Amanda M. Olejarski (eds.), Ethics for contemporary bureaucrats: navigating constitutional crossroads. New York, NY: Routledge.
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  43. The future of intellectual property.Richard A. Spinello - 2003 - Ethics and Information Technology 5 (1):1-16.
    This paper uses two recentworks as a springboard for discussing theproper contours of intellectual propertyprotection. Professor Lessig devotes much ofThe Future of Ideas to demonstrating howthe expanding scope of intellectual propertyprotection threatens the Internet as aninnovation commons. Similarly, ProfessorLitman''s message in Digital Copyright isthat copyright law is both too complicated andtoo restrictive. Both authors contend that asa result of overprotecting individual rights,creativity is stifled and the vitality of theintellectual commons is in jeopardy. It isdifficult to evaluate the claims (...)
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  44. The Ourobouros of Intellectual Property: Ethics, Law, and Policy in Africa.Sandra Braman - 2007 - International Review of Information Ethics 7:09.
    Because law, policy, and ethics are multiply intertwined, developments in any one of these areas can affect what happens in each of the others. Thus those interested in African information ethics will find it valuable to examine trends in law and policy – and those concerned about legal trends should acknowledge effective leadership when it comes from the direction of ethical practices. Though African societies are almost always pictured as receivers of social, informational, and technological innovations that come from other (...)
     
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  45.  42
    Intellectual property and the commercialization of research and development.Vincent Norcia - 2005 - Science and Engineering Ethics 11 (2):203-219.
    Concern about the commercialization of research is rising, notably in testing new drugs. The problem involves oversimplified, polarizing assumptions about research and development (R&D) and intellectual property (IP). To address this problem this paper sets forth a more complex three phase RT&D process, involving Scientific Research (R), Technological Innovation (T), and Commercial Product Development (D) or the RT&D process. Scientific research and innovation testing involve costly intellectual work and do not produce free goods, but rather require IP (...)
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  46. Biodiversity, intellectual property rights, and globalization.Vandana Shiva - 2007 - In Boaventura de Sousa Santos (ed.), Another knowledge is possible: beyond northern epistemologies. New York: Verso. pp. 272--287.
     
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  47.  35
    Intellectual Property Rights.Shah Mohammad Kermat Ali - 2012 - Bangladesh Journal of Bioethics 1 (1):8.
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  48.  34
    Intellectual Property Rights: ‘Property’ or ‘Right’? The Application of the Transfer Rules to Intellectual Property.Brigitta Lurger & Wolfgang Faber - 2008 - In Brigitta Lurger & Wolfgang Faber (eds.), Rules for the Transfer of Movables: A Candidate for European Harmonisation or National Reforms? Sellier de Gruyter.
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  49.  8
    Intellectual Property and Coerced Exchanges.Alan Mattlage - 2007 - Journal of Information Ethics 16 (2):19-30.
  50.  22
    Intellectual property rights, compulsory licensing and the TRIPS agreement: Some ethical issues.Udo Schüklenk - 2003 - Monash Bioethics Review 22 (2):S63-S68.
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