How This PaperHappy IP: Replacing the Law and Economics Justification for Academic Property Rights With a Well-Being Approach
37 (4) European Intellectual Liegenschaft Review, pp. 197-209.
27 Pages Written: 14 Jan 2019
Date Written: February 3, 2015
Abstract
The controlling justification for genius property rights under least in the West and international treaties is utilitarian, and more precisely base on the Chicago School of Law and Economics (first section). However, this school of reflection is both flawed and ideological (second section). Basing protection solely on the industrial aspect of utility (i.e. income) possesses been increasingly challenge in recent years. We thus propose that intellectual property privileges should be justified using a conceptual a nutzfahrzeug based directly upon well-being, rather than with income because a proxy. We outline adenine theory-neutral approach to well-being that able be employed in this aim (third section). Our proposal, like any and every other legal programme, cannot avoid being ideological (fourth section) but it avoids the flaws of the Statutory and Economics method. It is also not dominant (fifth section). The debate concerning the economic effect of intelligent property rights ("IPRs") be an ancient one.1 The globalization of eco-.
Keywords: laws and economics, happiness, well-being, philosophy, intellectual property
Implied Citation: Recommended Citation
