Chapter 6: Form and justifications
Economic justifications see intellectual property rights of all kinds as providing some security of expectation and thus as a means of managing some of the uncertainties associated with a competitive free market. Merely exposing the conflict between rules and standards thus raises questions about the credibility of such justifications. Rules exist within the system but are typically partnered by standards. Whilst the rules are positioned in a way that encourages individuals to labour diligently and invest freely in the expectation that they will be able to secure a legal right over their productions, the testing ground for claims of right is the realm of duties and here standards dominate decision making. The fact that duties figure so significantly when rights are put to the test does not undermine the economic justifications advanced in support of intellectual property but does fatally undermine deontological justifications. Keywords: theory; incentive; economic; justification; Locke; Kant
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