Lighting the Way Ahead : The Use and Abuse of Property Rights

2014 ◽  
Keyword(s):  
Property Rights ◽  
The Way

scholarly journals Property rights revisited – are narratives the way forward?

2017 ◽  
Vol 9 (2) ◽  
pp. 94-107 ◽  
Author(s):  
Kevin Grecksch ◽  
Jessica Holzhausen
Keyword(s):  
Property Rights ◽  
Natural Resources ◽  
Immanuel Kant ◽  
John Locke ◽  
Adam Smith ◽  
Content Type ◽  
Nagoya Protocol ◽  
Resource Governance ◽  
Natural Resource Governance ◽  
The Way

Purpose This paper aims to show how property rights predominantly shape discussions about the governance of natural resources and thereby neglect questions of (collective) identities and alternative solutions to govern natural resources. The purpose is to introduce narratives as an alternative approach to the discussion about the governance of natural resources. Design/methodology/approach Guided by the question of how we acquire property and what that tells us about our understanding of to whom natural resources belong to, the paper reviews the history of property rights by looking into property theories starting from Thomas Hobbes, John Locke, Adam Smith, Immanuel Kant and Pierre-Joseph Proudhon. It then takes a closer look at The Economics of Ecosystems and Biodiversity (TEEB) study and the Nagoya Protocol with regard to property rights. Second, the paper introduces the concept of narratives surrounding property rights in the past and present. Findings Property rights are a social concept dominant in the industrialised world. This has strong implications when looking at the way indigenous people look at natural resources. Mostly, property rights are unknown to them or alternative concepts exist. Yet, documents such as the Nagoya Protocol or the TEEB study presuppose an understanding of property rights originating in European property concepts. A narrative approach to property rights introduces new ideas and looks beyond legislation and policies at the stories people tell about property and natural resources, at property stereotypes and identities and what this might entail for future natural resource governance. Originality/value The paper fulfils a need to find alternative approaches to govern natural resources against the background of global environmental challenges.

Property Rights of Ancient DNA: The Impact of Cultural Importance on the Ownership of Genetic Information

2009 ◽  
Vol 16 (2) ◽  
pp. 103-129 ◽  
Author(s):  
Lisa M. Elliott
Keyword(s):  
Property Rights ◽  
Genetic Information ◽  
Tissue Bank ◽  
Cultural Value ◽  
Cultural Artifact ◽  
Ancient Egyptian ◽  
Dead Bodies ◽  
Ownership Rights ◽  
The Impact ◽  
The Way

AbstractThis article examines the way property rights can be applied to DNA from ancient sources. In particular, it examines the ways in which the legal classification of a source as a “cultural artifact” can influence the assignment of property rights over genetic information. I explore the discrepancy between the legal ability to own ancient dead bodies but not nonancient dead bodies, illustrating how dead bodies with a perceived cultural value are legally distinct from those which are not considered to have cultural value. Second, I address the way such cultural preservation laws fail to influence ownership rights over genetic information. Finally, I propose a model for the best way to deal with genetic information from ancient sources, based on the policies of the International Ancient Egyptian Mummy Tissue Bank.

“You Have to Strike That Balance Between Sharing and Charging”

Ethnologies ◽  
2013 ◽  
Vol 33 (2) ◽  
pp. 181-201
Author(s):  
Ian Hayes
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Music Industry ◽  
Commercial Music ◽  
Financial Compensation ◽  
Cape Breton ◽  
The Individual ◽  
The Way

This article will discuss the concept of musical ownership and copyright in the Cape Breton fiddling tradition. Intellectual property rights have become an increasingly important issue in recent years and represent an intersection between the commercial music industry and vernacular tradition. As such, the way boundaries are constructed in regard to repertoire and ownership is subject to debate. On one hand, some discourses favor the rights of the individual, arguing that intellectual property should be protected, acknowledged and subject to financial compensation. Other perspectives favor the rights and needs of the community, valuing free exchange.

scholarly journals Functional Distribution, Land Ownership and Industrial Takeoff: The Role of Effective Demand

2008 ◽  
Vol 8 (1) ◽  
Author(s):  
Ennio Bilancini ◽  
Simone D'Alessandro
Keyword(s):  
Property Rights ◽  
Land Ownership ◽  
Effective Demand ◽  
Land Distribution ◽  
Firm Ownership ◽  
Functional Distribution ◽  
Aggregate Income ◽  
The Way ◽  
Land Property Rights

Abstract In this paper we analyse how the distribution of land property rights affects industrial takeoff and aggregate income through its impact on effective demand. We apply a modified version of the model provided in Murphy et al. (1989, QJE) which allows us to analyse the role of land distribution when it is independent of the distribution of firm ownership. We extend the result of Murphy et al. (1989, QJE) by showing that industrialization and income depend non-monotonically on the distribution of land and by demonstrating that this result is due to the way land distribution affects the distribution of profits among firms. Moreover, we show that there may be a tradeoff between industrialization and income, the latter being associated with a distribution of land which is more equal than that associated with maximum industrialization.

19. The relationship between intellectual property rights and competition law

2021 ◽  
pp. 807-851
Author(s):  
Richard Whish ◽  
David Bailey
Keyword(s):  
Technology Transfer ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Competition Law ◽  
Controversial Subject ◽  
General Terms ◽  
The Relationship ◽  
Block Exemption ◽  
The Way

This chapter considers the relationship between intellectual property rights and competition law. After a brief introduction, it deals in general terms with the application of Article 101 to licences of intellectual property rights. The chapter proceeds to discuss the provisions of Regulation 316/2014, the block exemption for technology transfer agreements. It also considers the application of Article 101 to various other agreements concerning intellectual property rights such as technology pools and settlements of litigation. This is followed by a section on the application of Article 102 to the way in which dominant undertakings exercise their intellectual property rights, including an examination of the controversial subject of refusals to license intellectual property rights which are sometimes found to be abusive. The chapter concludes with a look at the position in UK competition law.

The Ideology of Fair Use: Xeroxing and Reproductive Rights

Hypatia ◽  
1992 ◽  
Vol 7 (2) ◽  
pp. 63-73
Author(s):  
Judith Roof
Keyword(s):  
Property Rights ◽  
Reproductive Rights ◽  
Copyright Law ◽  
Fair Use ◽  
Abortion Rights ◽  
The Way

Looking at the metaphorical similarities between abortion statutes and copyright law reveals reproductive laws’ stake in property ideologies. “Fair use” provisions in copyright law are analogous to abortion rights, delimiting the extent to which a non-owner (one who copies, a mother) can exert control over material “belonging” to another. The similarity suggests that the way to understand abortion fury is as a manifestation of property rights.

The Bill of Sale

2020 ◽  
pp. 3-28
Author(s):  
Sarah Gilbreath Ford
Keyword(s):  
Property Rights ◽  
American Dream ◽  
The South ◽  
American Gothic ◽  
Direct Target ◽  
Critical Conversation ◽  
Haunted Houses ◽  
The Way

The introduction explores how the American dream of being able to create one’s identity is entangled with the American nightmare of slavery where personhood is denied. Both the dream and the nightmare depend on the same system of property rights. The very first American narratives use gothic markers, such as ghosts or haunted houses, to question the American dream revealing anxieties about property and property rights, but those anxieties are magnified in narratives that depict slavery. While critics have long argued that American gothic works are driven by slavery, what is missing in the critical conversation is the more direct target of the gothic energy in the eleven texts this book examines: the way that slavery turns people into property. This chapter introduces the four key components of the book’s argument: the gothic, property, slavery, and the South.

scholarly journals Derechos de propiedad, compañías petroleras, Estado y renta en Venezuela

2010 ◽  
Vol 53 ◽  
Author(s):  
Jesús Mora Contreras
Keyword(s):  
Property Rights ◽  
Oil Industry ◽  
The State ◽  
Oil Companies ◽  
National Oil Companies ◽  
Doing Business ◽  
History Of ◽  
The Way

RESUMEN: Este artículo muestra que las compañías petroleras internacionales han estado haciendo negocios en Venezuela durante más de cuatro quintas partes de casi un siglo de historia de la industria petrolera en este país (1917-2009). Muestra también que lo que ha cambiado para ellas a lo largo del tiempo es la manera de hacer negocios en la industria petrolera venezolana, valga decir, los términos y condiciones de acceso a las actividades de exploración y producción que les ha impuesto el propietario del recurso natural, relacionados particularmente con el reparto de la renta petrolera internacional. El artículo, dividido en cuatro secciones, es una síntesis de la historia del derecho de propiedad del subsuelo, de las compañías petroleras, del Estado y de la renta petrolera internacional en Venezuela desde 1920 hasta el presente. ABSTRACT: This paper shows that in almost a century of history of the Venezuelan oil industry (1917-2009), International Oil Companies (IOCs) have been doing business in this country for just more than fourth fifth of this period (74/92 years). It shows too that during that time, what has been changing in this country for the oil companies, IOCs or National Oil Companies (NOCs), is the way of doing business in the upstream of the oil industry: the terms and conditions of the owner of the underground property rights. Terms and conditions mean in this context how much of the oil generated rents in the underground public and national property rights goes to the pockets of the oil companies and government. This paper summarizes the history of the underground property rights, oil companies, the State, and rent in Venezuela from 1920 up to the present.

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