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Two Challenges to the Idea of Intellectual Property

Biron, Laura R (2010) Two Challenges to the Idea of Intellectual Property. Monist, 93 (3). pp. 382-394. ISSN 0026-9662. (doi:10.5840/monist201093322) (The full text of this publication is not currently available from this repository. You may be able to access a copy if URLs are provided) (KAR id:40633)

The full text of this publication is not currently available from this repository. You may be able to access a copy if URLs are provided. (Contact us about this Publication)
Official URL
http://dx.doi.org/10.5840/monist201093322

Abstract

Although the expression 'intellectual property' is widely used, it could be argued that the very idea of intellectual property is incoherent. After all, ideas are not like land, houses or clothing; surely they are not the sorts of things that can be owned? I shall examine two arguments - one ontological, one jurisprudential - that put pressure on the coherence of the idea of intellectual property, both leading to the conclusion that intellectual property rights are not genuine property rights, but rights to monopolies. In setting up and responding to the first argument, I discuss the applicability of the type/ token distinction to intellectual property law; a distinction I also appeal to as a way of clarifying my response to the second argument.

Item Type: Article
DOI/Identification number: 10.5840/monist201093322
Additional information: number of additional authors: 0;
Subjects: B Philosophy. Psychology. Religion > B Philosophy (General)
Divisions: Faculties > Humanities > School of European Culture and Languages > Philosophy
Depositing User: Stewart Brownrigg
Date Deposited: 07 Mar 2014 00:05 UTC
Last Modified: 29 May 2019 12:28 UTC
Resource URI: https://kar.kent.ac.uk/id/eprint/40633 (The current URI for this page, for reference purposes)
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