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Happy IP: aligning intellectual property rights with well-being

Derclaye, Estelle; Taylor, Tim

Authors

ESTELLE DERCLAYE estelle.derclaye@nottingham.ac.uk
Professor of Intellectual Property Law

Tim Taylor



Abstract

The Chicago School of the law and economics movement, on which the predominant justification for independent property rights is based in most countries, is flawed mainly because it takes economic wealth as the sole proxy for well-being. We suggest replacing it with a well-being approach, which, even if it is still based on utilitarianism, does not suffer from this defect. A theory-neutral approach to well-being for policy-making is achievable because there is a substantial area of common ground between rival theories on what we call the "markers" of well-being. We identify markers which we believe would be consistent with all mainstream theories of well-being and then verify whether the current intellectual property framework reflects the markers or not, and propose suggestions for change when it does not.

Citation

Derclaye, E., & Taylor, T. (2015). Happy IP: aligning intellectual property rights with well-being. Intellectual Property Quarterly, 1,

Journal Article Type Article
Publication Date Jan 1, 2015
Deposit Date Jul 2, 2015
Publicly Available Date Jul 2, 2015
Journal Intellectual Property Quarterly
Print ISSN 1364-906X
Electronic ISSN 1364-906X
Publisher Sweet and Maxwell
Peer Reviewed Peer Reviewed
Volume 1
Public URL http://eprints.nottingham.ac.uk/id/eprint/29124
Copyright Statement Copyright information regarding this work can be found at the following address: http://creativecommons.org/licenses/by-nc/4.0
Additional Information This material was first published by Sweet & Maxwell Limited in: Derclaye and Taylor, Happy IP: aligning intellectual property rights with well-being [2015] IPQ 1 and is reproduced by agreement with the Publishers.

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Copyright Statement
Copyright information regarding this work can be found at the following address: http://creativecommons.org/licenses/by-nc/4.0





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