Chapter 8: The moral dimension of reform of IPRs
The dimension of reform is a concomitant result of the moral dimensions of IPRs heretofore developed. They each require and draw our attention to this one. The justification of IPRs casts a moral duty on owners to acknowledge the just claims of others to shared access, because it is only on the basis of acknowledgement of continuing rights to some degree of access to the subject matter of the property that we have conditions for the just acquisition of IPRs and other property rights (§§3.2.4, 3.6.1 and 3.6.5). This would mean that, so long as they do want to justify these institutions, and if the positive laws of IPRs (with their conditions for acquisition and limitations and exceptions) do not adequately reflect this obligation, the moral obligation would continue to operate when the owners come to exercise their IP rights (cf. §7.2) or when they are engaged in deliberations in the legislative forum regarding reform of the laws. The dimension of reform is a concomitant of these notions for an even more basic reason, though. The idea of morality advanced here is that its principles and values are ever open to revision, reformulation and refinement of prescriptions which are universalized.
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