Intellectual Property: General Theories

Abstract

This chapter surveys and synthesizes the deepening and widening theoretical landscape of intellectual property. Not surprisingly, the principal philosophical theory applied to the protection of utilitarian works - that is, technological inventions - has been utilitarianism. Utilitarian theorists generally endorse the creation of intellectual property rights as an appropriate means to foster innovation. Non-utilitarian theorists emphasize creators’ moral rights to control their work. Many of these scholars draw upon multiple philosophical strands in constructing their analyses.

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