Private Law Theory

“Should one care about theories of intellectual property? A decade ago, Professor William Fisher, of Harvard University, made a challenging attempt to answer ‘yes’, in a book chapter entitled Theories of Intellectual Property. While never quite distinguishing between a philosophy, an approach, and a theory of intellectual property, Fisher identifies four analytical constructs, which we will call ‘theories’, namely – (i) utilitarian for maximizing net social value, (ii) Lockean (one has the right to the fruits of his intellectual labour); (iii) protection of personality in works; and (iv) fostering a just and attractive culture …”

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Neil Wilkof, Theories of intellectual property: Is it worth the effort? Journal of Intellectual Property Law & Practice (2014), doi: 10.1093/jiplp/jpu018. First published online: February 25, 2014.

First posted 2014-02-27 07:09:59