Formally, ownership of ideas is legally impossible, and can never be globally secured. Yet, in very real and significant ways these limits have been undone. In principle, ideas cannot be owned, yet, undoing the distinction between ideas and tangible manifestations, the distinction which underpins the principle, allows the principle to hold even whilst its meaning is hollowed out.
Post-Cold War global network capitalism is premised upon regulatory structures designed to enforce deregulation in global markets and production, but at the same time to enforce global regulation of property and intellectual property in particular. However, this roll-out has not been without resistance and limitations. Globalization, the affordances of digital networks, and contradiction within capitalism itself – between private property and free markets – promote and undo global IP expansion.
In this book David and Halbert map the rise of global IP protectionism, debunk the key justifications given for IPRs, dismiss the arguments put forward for global extension and harmonization; and suggest that roll-back, suspension, and even simply the bi-passing of IP in practice offer better solutions for promoting innovation and meeting human needs.
表中的内容
Key Concepts and Why they Matter so much Today
Origins, History and Globalization of Intellectual Property
Copyright Controversies Today
Patents and Traditional Knowledge
Trademark, Designs and Identifiers in Question
Conclusions and Paradoxes
关于作者
Debora J. Halbert is a Professor of political science at the University of Hawaii at Manoa. She teaches futures studies, public policy, and law and society. Her academic interests include the study of law and policy with a focus on intellectual property. Along with numerous articles in peer reviewed journals and law reviews, she has published three books, Intellectual Property in the Information Age: the politics of expanding rights (Quorum 1999), Resisting Intellectual Property (Routledge, 2005) and The State of Copyright (Routledge 2014). Additionally, she has recently co-edited The SAGE Handbook of Intellectual Property (2015) with Professor Matthew David, and has completed a second co-authored piece with Professor David for the SAGE Swifts series, Owning the World of Ideas (SAGE, 2015).
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