Chapter

The Utility of Intellectual Property Rights

Rajshree Chandra

in Knowledge as Property

Published in print May 2010 | ISBN: 9780198065579
Published online October 2012 | e-ISBN: 9780199080120 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198065579.003.0004
The Utility of Intellectual Property Rights

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This chapter examines the consequentialist utilitarian defence for intellectual property rights (IPRs), which argues that the presence of strong IPRs spurs innovation, leading to higher economic growth and development of science and technology which benefits the society at large. Utilitarianism tends to be extensively used at the policy level. It is argued that utilitarian cost benefit analysis falters, both in terms of quantifiable economic costs, and the nonquantifiable social costs. The costs of a strong IPR regime, when measured beyond a narrow utilitarian frame, often outweigh benefits.

Keywords: consequentialism; innovation; economic growth; utilitarianism

Chapter.  20729 words. 

Subjects: Intellectual Property Law

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