Weighing intellectual property: Can we balance the social costs and benefits of patenting?
| Autor: | Mario Biagioli |
|---|---|
| Rok vydání: | 2019 |
| Předmět: |
Balance
History cultural environmentalism patents ComputingMilieux_LEGALASPECTSOFCOMPUTING Intellectual property social costs and benefits of intellectual property History and Philosophy of Science Rhetorical question Historical Studies 0601 history and archaeology Objectivity (science) Legitimacy Law and economics Balance (metaphysics) patent policy 060102 archaeology patent law Scale (chemistry) Trope (philosophy) 06 humanities and the arts intellectual property Technology & Medicine patent bargain innovation quantification History of Science 060105 history of science technology & medicine Work (electrical) Business |
| Zdroj: | History of science, vol 57, iss 1 Biagioli, Mario. (2018). Weighing Intellectual Property: Can We Balance the Social Costs and Benefits of Patenting?. UC Davis: Retrieved from: http://www.escholarship.org/uc/item/3f4089qh |
| Popis: | The scale is the most famous emblem of the law, including intellectual property (IP). Because IP rights impose social costs on the public by limiting access to protected work, the law can be justified only to the extent that, on balance, it encourages enough creation and dissemination of new works to offset those costs. The scale is thus a potent rhetorical trope of fairness and objectivity, but also an instrument the law thinks with – one that is constantly invoked to justify or to question the extent of available IP protection. The balancing act that underlies the legitimacy of IP is, however, literally impossible to perform. Because we are unable to measure the benefits that IP has for inventors or the costs it has for the public, the scale has nothing to weigh. It conveys a clear sense that IP law can be balanced, but in fact propagates only a visible simulacrum of balance – one that is as empty as it is powerful. |
| Databáze: | OpenAIRE |
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