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.

Key Concepts and Why They Matter So Much Today

Key Concepts and Why They Matter So Much Today

Intellectual property (IP) has a history bound up with the rise of capitalism. Intellectual property rights (IPRs) extend monopoly control over a range of immaterial things, thereby excluding competition and maintaining or increasing profits for the rights holder. In recent decades neo-liberal policies have deregulated labour markets while strengthening IPRs regulation globally. Physical production costs have fallen while value added from IP has risen. Market forces are used to discipline labour, but monopolies have developed to protect property and in particular IP. By using IPRs to halt competition, prohibitions against ‘legal’ market entry (illegal or pirate market entry may still be available) lead to super-profits (profits in ...

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