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Cass and Hylton explain how technological advances strengthen the case for intellectual property laws, and argue convincingly that IP laws help create a wealthier, more successful, more innovative society than alternative legal systems. Ignoring the social value of IP rights and making what others create “free” would be a costly mistake indeed.
The creation by government regulation of entitlements akin to property rights is a phenomenon imposing a reconsideration of the traditional categories of public and private property. This book focuses on the European level by means of a comparative method involving private law, public law, and law and economics approaches.
While colonial imposition of the Canadian legal order has undermined Indigenous law, creating gaps and sometimes distortions, Indigenous peoples have taken up the challenge of rebuilding their laws, governance, and economies. Indigenous conceptions of land and property are central to this project. Creating Indigenous Property identifies how contemporary Indigenous conceptions of property are rooted in and informed by their societally specific norms, meanings, and ethics. Through detailed analysis, the authors illustrate that unexamined and unresolved contradictions between the historic and the present have created powerful competing versions of Indigenous law, legal authorities, and practices that reverberate through Indigenous communities. They have identified the contradictions and conflicts within Indigenous communities about relationships to land and non-human life forms, about responsibilities to one another, about environmental decisions, and about wealth distribution. Creating Indigenous Property contributes to identifying the way that Indigenous discourses, processes, and institutions can empower the use of Indigenous law. The book explores different questions generated by these dynamics, including: Where is the public/private divide in Indigenous and Canadian law, and why should it matter? How do land and property shape local economies? Whose voices are heard in debates over property and why are certain voices missing? How does gender matter to the conceptualization of property and the Indigenous legal imagination? What is the role and promise of Indigenous law in negotiating new relationships between Indigenous peoples and Canada? In grappling with these questions, readers will join the authors in exploring the conditions under which Canadian and Indigenous legal orders can productively co-exist.
Drawing on the thoughts of various philosophers, political thinkers, economists, and lawyers, Terry Anderson and Laura Huggins present a blueprint for the nonexpert-expert on how societies can encourage or discourage freedom and prosperity through their property rights institutions. This Hoover Classic edition of Property Rightsdetails step-by-step what property rights are, what they do, how they evolve, how they can be protected, and how they promote freedom and prosperity.
Over the course of history, different legal instruments for protecting intellectual property have emerged. These instruments differ in their subject matter, extent of protection, and field of application, reflecting society's objective to balance the interests of creators and consumers for different types of intellectual works. These legal instruments are just one of the pieces that form a national system of intellectual property protection. Also crucial to the system's overall effectiveness are the institutions administering these instruments, the mechanisms available for enforcing IPRs, and the rules regarding the treatment of non-nationals. To address some of the issues concerning IPRs, this paper defines what they are and attempts to evaluate the relationship between the protection of intellectual property and economic activity in developing countries. It also summarizes the economic effects of IPRs in terms of creation and diffusion of knowledge and information; and market structure and prices. Furthermore, it discusses the reformation of IPRs regimes and makes recommendations for their administration and enforcement. This paper consolidates some of the research from the 'World Development Report 1998/1999: Knowledge for Development' and some contributions made at an Internet-moderated conference conducted by the Bank's TechNet program. It will be of interest to governments, investors, and international organizations.
We are poised between an old world that no longer works and a new one struggling to be born. Surrounded by centralized hierarchies on the one hand and predatory markets on the other, people around the world are searching for alternatives. The Wealth of the Commons explains how millions of commoners have organized to defend their forests and fisheries, reinvent local food systems, organize productive online communities, reclaim public spaces, improve environmental stewardship and re-imagine the very meaning of "progress" and governance. In short, how they've built their commons. In 73 timely essays by a remarkable international roster of activists, academics and project leaders, this book chronicles ongoing struggles against the private com­moditization of shared resources - often known as market enclosures - while docu­menting the immense generative power of the commons. The Wealth of the Commons is about history, political change, public policy and cultural transformation on a global scale - but most of all, it's about individual commoners taking charge of their lives and their endangered resources. "This fine collection makes clear that the idea of the Commons is fully international, and increasingly fully worked-out. If you find yourself wondering what Occupy wants, or if some other world is possible, this pragmatic, down-to-earth, and unsentimental book will provide many of the answers." - Bill McKibben, author of Deep Economy: The Wealth of Communities and The Durable Future
This work offers an analysis of the Western formal system of private property and its moral justification and explains the relevance of the institution to particular current issues that face aboriginal peoples and the developing world. The subjects under study include broadly: aboriginal land claims; third world development; intellectual property rights and the relatively recent TRIPs agreement (Trade related Aspects of Intellectual Property Rights). Within these broad areas we highlight the following concerns: the maintenance of cultural integrity; group autonomy; economic benefit; access to health care; biodiversity; biopiracy and even the independence of the recently emerged third world nation states. Despite certain apparent advantages from embracing the Western institution of private ownership, the text explains that the Western institution of private property is undergoing a fundamental redefinition through the expansion.
This book aims to interpret China’s property-rights reform since 1978 on theory level. Property-rights reform is no doubt the essential for economic system reform, which led to China’s economic miracle in the past 40 years. Neither modern property-rights theory nor Marxism can explain all issues around Chinese complex economic system reform. The book sheds light on the theory development through comparative study and China-focused research.
In the end, the book provides a fresh, comprehensive overview of an intriguing subject, accessible to anyone with a minimal background in economics. (An introductory chapter introduces the handful of assumptions embedded in the text's economics and law).