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Record Nr. |
UNINA9910781653003321 |
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Autore |
Merges Robert P |
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Titolo |
Justifying intellectual property [[electronic resource] /] / Robert P. Merges |
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Pubbl/distr/stampa |
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Cambridge, MA, : Harvard University Press, 2011 |
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ISBN |
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0-674-26608-0 |
0-674-06112-8 |
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Descrizione fisica |
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1 online resource (422 p.) |
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Disciplina |
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Soggetti |
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Intellectual property - Philosophy |
Intangible property |
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Lingua di pubblicazione |
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Formato |
Materiale a stampa |
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Livello bibliografico |
Monografia |
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Note generali |
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Nota di contenuto |
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Frontmatter -- Contents -- Preface -- Chapter One. Introduction -- Part One. FOUNDATIONS -- Chapter Two. Locke -- Chapter Three. Kant -- Chapter Four. Distributive Justice and IP Rights -- Part Two. PRINCIPLES -- Chapter Five. Midlevel Principles of IP Law -- Chapter Six. The Proportionality Principle -- Part Three. ISSUES -- Chapter Seven. Creative Professionals, Corporate Ownership, and Transaction Costs -- Chapter Eight. Property in the Digital Era -- Chapter Nine. Patents and Drugs for the Developing World -- Chapter Ten. Conclusion -- Notes -- Index |
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Sommario/riassunto |
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Why should a property interest exist in an intangible item? In recent years, arguments over intellectual property have often divided proponents-who emphasize the importance of providing incentives for producers of creative works- from skeptics who emphasize the need for free and open access to knowledge.In a wide-ranging and ambitious analysis, Robert P. Merges establishes a sophisticated rationale for the most vital form of modern property: IP rights. His insightful new book answers the many critics who contend that these rights are inefficient, unfair, and theoretically incoherent. But Merges' vigorous defense of IP is also a call for appropriate legal constraints and boundaries: IP rights are real, but they come with real limits.Drawing on Kant, Locke, and Rawls as well as contemporary scholars, |
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Merges crafts an original theory to explain why IP rights make sense as a reward for effort and as a way to encourage individuals to strive. He also provides a novel explanation of why awarding IP rights to creative people is fair for everyone else in society, by contributing to a just distribution of resources. Merges argues convincingly that IP rights are based on a solid ethical foundation, and-when subject to fair limits-these rights are an indispensable part of a well-functioning society. |
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