The Expansion and Restructuring of Intellectual Property and Its Implications for the Developing World
In this paper we begin with a reference to the work of Hernando de Soto The Mystery of Capital: Why Capitalism Triumphs in the West and Fails Everywhere Else, and his characterization of the Western institution of formal property . We note the linkages that he sees between the institution and succes...
| Published in: | Ethical theory and moral practice |
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| Main Author: | |
| Format: | Electronic Article |
| Language: | English |
| Check availability: | HBZ Gateway |
| Journals Online & Print: | Drawer...
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| Fernleihe: | Fernleihe für die Fachinformationsdienste |
| Published: |
Springer Science + Business Media B. V
2008
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| In: |
Ethical theory and moral practice
Year: 2008, Volume: 11, Issue: 1, Pages: 37-60 |
| Further subjects: | B
Income rights
B Development B Intellectual Property B Developing Countries B World Trade Organization B ethical implications |
| Online Access: |
Volltext (JSTOR) Volltext (lizenzpflichtig) |
| Summary: | In this paper we begin with a reference to the work of Hernando de Soto The Mystery of Capital: Why Capitalism Triumphs in the West and Fails Everywhere Else, and his characterization of the Western institution of formal property . We note the linkages that he sees between the institution and successful capitalist enterprise. Therefore, given the appropriateness of his analysis, it would appear to be worthwhile for developing and less developed countries to adjust their systems of ownership to conform more closely to the Western system of formal property. However, we go on to point out that property relationships within the Western system have become subject to redefinition through the expansion of Intellectual Property (IP) rights in ways that ultimately work to the disadvantage of the developing and less developed countries. We point out that this restructuring has been given global application through the implementation of the TRIPS agreement by the WTO. In the final section of the paper I suggest ways in which IP rights and relevant institutions can be reformed in order to avoid the disadvantages to the developing and less developed countries. |
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| ISSN: | 1572-8447 |
| Contains: | Enthalten in: Ethical theory and moral practice
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| Persistent identifiers: | DOI: 10.1007/s10677-007-9084-4 |