Flanagan, Anne; Montagnani, Maria Lillà --- "Intellectual Property Law: Economic and Social Justice Perspectives: Introduction" [2010] ELECD 651; in Flanagan, Anne; Montagnani, Lillà Maria (eds), "Intellectual Property Law" (Edward Elgar Publishing, 2010)

Book Title: Intellectual Property Law

Editor(s): Flanagan, Anne; Montagnani, Lillà Maria

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781848446274

Section Title: Intellectual Property Law: Economic and Social Justice Perspectives: Introduction

Author(s): Flanagan, Anne; Montagnani, Maria Lillà

Number of pages: 9

Extract:

Intellectual property law: economic
and social justice perspectives:
introduction
Anne Flanagan and Maria Lillà Montagnani

Intellectual property (IP) is deemed grounded in economics incentives
and societal balancing of rights to fruits of one's own labour, personality
and good name with others' interests in knowledge, progress and their
by-products. Such foundations have underpinned the granting of patents,
trademarks and copyrights (as well as the development of trade secret and
industrial design laws) for centuries. Yet the recognition that intellectual
property in the form of literature, science, knowledge and its fair dissemi-
nation and access to knowledge has a broader role to play in the develop-
ment of all individuals as well as the fabric of society and democracy is not
novel, although some would label it `neo-liberal'. This is made clear by the
declaration on the role of law in this regard and the duty of policymak-
ers to foster it made by John Adams, then future president, during a time
when the United States of America could legitimately be called a develop-
ing country. Contained in the first Massachusett's state constitution of
1780, entitled `Encouragement of Literature, etc.' this unique and then
radical constitutional provision states:1

Wisdom and knowledge, as well as virtue, diffused generally among the body of
the people, being necessary for the preservation of their rights and liberties; and
as these depend on spreading the opportunities and advantages of education in
the various parts of the country, and among the different orders ...