Private Law Theory

ABSTRACT
Queer theory functions as a continuous catalyst for critical disruption, challenging established norms and institutions. When employed as a critical lens to analyse intellectual property law, it prompts a fundamental inquiry: What are the norms that shape IP? Why have they become the norm? How can we reveal them and their broader social, political, economic, and cultural implications? Examining these inquiries from a queer perspective uncovers inherent biases within IP, which, despite its professed neutrality is far from impartial. Instead, the chapter argues, IP law perpetuates and reinforces hegemonic norms in creative production and innovation – norms that then channel individuals and groups into a hegemonic social hierarchy.

This chapter aims to spark dialogue on these issues as an essential first step towards queering IP. It argues that by confronting the intertwined nature of gender, sex, sexuality and power and how this is manifested in IP, we can begin to comprehend their inextricable connections and the implications for creativity, culture, and our very lives.

Sarid, Eden, Queer Theory and Intellectual Property (October 25, 2024).