Intellectual Property Theory and Practice

Author(s):  
Wenwei Guan
2003 ◽  
Vol 16 (2) ◽  
pp. 191-216 ◽  
Author(s):  
Adam D. Moore

In the most general terms, this article focuses on the tension between competing justifications of intellectual property. Section I examines the nature and definition of economic pragmatism and argues that, while economic pragmatism comes in many flavors, each is either unstable or self-defeating. Section II advances the view that Anglo-American systems of intellectual property have both theoretical and pragmatic features. In Section III a sketch of a theory is offered--a theory that may limit applications of economic pragmatism and provide the foundation for copyright, patent, and trade secret institutions. To be justified--to warrant coercion on a worldwide scale--systems of intellectual property should be grounded in theory. Intellectual property rights are, in essence, no different than our rights to life, liberty, and tangible property. Intellectual property rights are neither pure social constructions nor bargains without foundations.


Author(s):  
Matthew Schruers

Matt Schruers demonstrates that from their earliest days as delivery mechanisms for medicines, to the era of patent elixirs, to today’s resurgence of craft cocktails, alcoholic beverages have been fruitful ground for innovation. Although cocktail recipes are unprotected by copyright or patent law, new cocktail recipes are far from scarce, despite the fact that these inventions can be freely copied and used by competitors. While culinary creations are regulated through informal norms, innovation in the mixological arts is driven by market strategies, in particular by cross-financing the investments made in easily copied information. Cocktails are often devised and sold as services, rather than products, as well as promotion for the spirits they contain. As this chapter colorfully illustrates, classic intellectual property theory often fails to account for market-based innovation incentives.


Author(s):  
Colin Burrow

Imitating Authors analyses the theory and practice of imitatio (the imitation of one author by another) from early Greek texts right up to recent fictions about clones and artificial humans. At its centre lie the imitating authors of the English Renaissance, including Ben Jonson and the most imitated imitator of them all, John Milton. Imitating Authors argues that imitation is not simply a matter of borrowing words, or of alluding to an earlier author. Imitators learn practices from earlier writers. They imitate the structures and forms of earlier writing in ways that enable them to create a new style which itself could be imitated. That makes imitation an engine of literary change. Imitating Authors also shows how the metaphors used by theorists to explain this complex practice fed into works which were themselves imitations, how those metaphors changed, and how they have come to influence present-day anxieties about imitation human beings and artificial forms of intelligence. It explores relationships between imitation and authorial style, its fraught connections with plagiarism, and how emerging ideas of genius and intellectual property changed how imitation was practised. Imitating Authors includes detailed discussion of authors who imitated (notably Virgil, Lucretius, Petrarch, Cervantes, Ben Jonson, Milton, Pope, Wordsworth, Mary Shelley, and Kazuo Ishiguro) and of the theory of imitating authors in Plato, Cicero, Quintilian, Longinus, Castiglione, the Ciceronian controversies of the sixteenth century, in legal and philosophical discourses of the Enlightenment, and in recent discussions about computer-generated poems.


Author(s):  
N. A. Vitchkovskiy ◽  
◽  
V. A. Osipov ◽  

The growing importance of intellectual property as an economic asset raises the issue of the content of intellectual property in the scientific discussions and the identification of scientific prerequisites for the formation and development of the intellectual property theory. The paper aims at the improvement of the conceptual and theoretical views on the economic category of intellectual property through establishing the dialectical interrelation with the concept of property. The authors propose considering intellectual property as a materially expressed result of the mental (intellectual) activity of a person, which invests its creator (author) or legal entities with the exclusive right for it, and it is confirmed by the relevant officially issued protection documents (patents or certificates) or statutory prescribed copyright norms. The research revealed the dichotomous nature of intellectual property. The study of property and intellectual property categories allowed establishing their dialectical opposition in terms of materiality and possibility of copying a legal object, the urgency and territorial limitation of property rights, and, most important, the dynamics of value in the process of consumption. However, the property and intellectual property categories also have a dialectical unity, which is not noted in the scientific literature. It is expressed in the mechanism of origin of property rights (in both cases, they are related to the problem of limited resources resulting in the necessity to choose the variant of an asset use), and in the mechanism of application of these rights, associated with the presence of both the right and the restrictions of this right, as well as liabilities of a copyright holder.


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