Formally, ownership of ideas is legally impossible, and can never be globally secured. Yet, in very real and significant ways these limits have been undone. In principle, ideas cannot be owned, yet, undoing the distinction between ideas and tangible manifestations, the distinction which underpins the principle, allows the principle to hold even whilst its meaning is hollowed out. Post–Cold War global network capitalism is premised upon regulatory structures designed to enforce deregulation in global markets and production, but at the same time to enforce global regulation of property and intellectual property in particular. However, this roll–out has not been without resistance and limitations. Globalization, the affordances of digital networks, and contradiction within capitalism itself – between private property and free markets – promote and undo global IP expansion. In this book David and Halbert map the rise of global IP protectionism, debunk the key justifications given for IPRs, dismiss the arguments put forward for global extension and harmonization; and suggest that roll–back, suspension, and even simply the bi–passing of IP in practice offer better solutions for promoting innovation and meeting human needs.

Origins, History and Globalization of Intellectual Property

Origins, History and Globalization of Intellectual Property

Origin stories can be instrumental in understanding the underlying assumptions that have helped to construct a contemporary policy area. Identifying and understanding the history of the concept of IP is no different. In the previous chapter, we delved into the meanings behind the words intellectual, property and rights, as well as the tensions inherent in this idea. By investigating the origins of IP as a concept, we hope to shed light onto how this umbrella term that is used to refer to a wide variety of different legal regimes has changed over time. While the words themselves have a long history, their meaning has not remained stable but instead has travelled ...

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