"The constitution of intellectual property as an academic subject" Legal Studies, 2017 (original) (raw)
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Explores the complexities emanates from the notion of intellectual property law and its implications in the realm of academics. Dealing with issues from the different cultural perspectives and legal notions, McSherry examines the transition of the idea of university from its existence for the sake of the public domain to the modern concepts of university, which revolves around the propertization and commercialization of the education. This shift of the academy and university from the public domain to the public domain is what concerns the author to conceptually analyze the unattended arguments in the academia. Putting her arguments in legal, social and cultural points of view, she has provided the law's intervention acting upon the implementation of the IP law for the privatization of the knowledge. To understand this conflation of the intellectual property law and the university system, she has elaborated this crisis of coming together of two contradictions of self-disinterestedness of the traditional knowledge society and self-interestedness of the modern knowledge factory. The method she uses in the book is very interesting because of its interrogative interruptions which shake the foundations of the current knowledge-production. She dealt with question of ownership and authorship, public good and private good, nature of the property and non-property, knowledge production and knowledge owning. The book moves from the discourse of the educational realm of authorship and property into analysis of the inventorship and patent system. This book includes highly thought provoking introductory note and five chapters engaging with questions such as: Who owns the syllabus material? Who owns the lecture notes?, Who owns the invention?, and Who owns the data and findings?. This is an attempt to answer the complex questions, which she could do answer conducting interviews with academics, professors, students, researchers, administrators of the university, the faculty, the scientists, the courts, the judges and lawyers, and eventually she proved the quadrilateral relationship of power, knowledge, property and identity which helped to understand the connection of each to the other, thus providing the proper definitions, which is the work she has undertaken in the following chapters. In the first chapter, Building an Epistemic Regime, McSherry provides the reader conceptual backgrounds of the institutions which have primary role in the debate of intellectual property
The concept of property is both ever-present and elusive. In light of various definitional problems, it has been popular for some theorists to adopt the view that it is a mere ‘bundle of rights’ and then to say little more about it; moving on to questions about the justification of property that appear more pressing. However, as I argue in this paper, this ‘sophisticated’ legal conception of property has the potential to obscure ontological questions; questions, that is, about the nature of property-objects. In the case of the most commonplace objects of social wealth – land and other tangible resources – ontological questions may seem less important. But with regards to the classification of intellectual property as a type of property, there is a more obvious need for sharp, ontological distinctions to be made and, as I will point out, these distinctions have a bearing on the way in which we view the strength of the rights that govern intellectual objects; and indeed, the question of whether intellectual objects are really property-objects in the first place.
The place and role of intellectual property in education
Sinergija, 2020
Modern times place great emphasis on works created as a product of the intellectual work of individuals or groups. At the same time, there is an increasing abuse of both intellectual property rights and the degree of protection that intellectual property offers. The educational process as well as the scientific research work which is an integral part of the educational process in many cases form the basis for the emergence of new intellectual works. The acts thus created remain in most cases the intellectual property of the educational institutions within which they were created. The degree of protection introduced in this way is also a restriction for the people who worked to develop the work in question. It is for these reasons that the aim of this paper is to look at the position of intellectual property created in the education system, as well as the advantages and disadvantages of such works.
Introduction to NEW FRONTIERS IN THE PHILOSOPHY OF INTELLECTUAL PROPERTY
New Frontiers in the Philosophy of Intellectual Property (CUP, 2012)
The new frontiers in the philosophy of intellectual property lie squarely in territories belonging to moral and political philosophy, as well as legal philosophy and philosophy of economics – or so this collection suggests. Those who wish to understand the nature and justification of intellectual property may now find themselves immersed in philosophical debates on the structure and relative merits of consequentialist and deontological moral theories, or disputes about the nature and value of privacy, or the relationship between national and global justice. Conversely, the theoretical and practical problems posed by intellectual property are increasingly relevant to bioethics and philosophy and public policy, as well as to more established areas of moral and political philosophy. Perhaps this is just to say that the philosophy of intellectual property is coming into its own as a distinct field of intellectual endeavour, providing a place where legal theorists and philosophers can have the sorts of discussions - neither reducible to questions about what the law is, nor wholly divorced from contemporary legal problems - which typify debates about freedom of expression, discrimination and human rights. These are all areas in which legal and philosophical ideas influence each other at the level of method as well as of substance. My hope is that this collection of essays will appeal to those who, whatever their professional specialty or training, share an interest in the philosophy of intellectual property, and that it will build upon and advance existing interdisciplinary dialogue and research in this complex, fascinating, and important area.
New Frontiers in the Philosophy of Intellectual Property
Cambridge University Press eBooks, 2012
The new frontiers in the philosophy of intellectual property lie squarely in territories belonging to moral and political philosophy, as well as legal philosophy and philosophy of economics-or so this collection suggests. Those who wish to understand the nature and justification of intellectual property may now find themselves immersed in philosophical debates on the structure and relative merits of consequentialist and deontological moral theories, or disputes about the nature and value of privacy, or the relationship between national and global justice. Conversely, the theoretical and practical problems posed by intellectual property are increasingly relevant to bioethics and philosophy and public policy, as well as to more established areas of moral and political philosophy. Perhaps this is just to say that the philosophy of intellectual property is coming into its own as a distinct field of intellectual endeavour, providing a place where legal theorists and philosophers can have the sorts of discussions-neither reducible to questions about what the law is, nor wholly divorced from contemporary legal problems-which typify debates about freedom of expression, discrimination and human rights. These are all areas in which legal and philosophical ideas influence each other at the level of method as well as of substance. My hope is that this collection of essays will appeal to those who, whatever their professional specialty or training, share an interest in the philosophy of intellectual property, and that it will build upon and advance existing interdisciplinary dialogue and research in this complex, fascinating, and important area. 2