The Cambridge Handbook of Intellectual Property and Social Justice

Protection for intellectual property is limited in the public interest to ensure benefits flow to everyone, and regimes must address issues of access, inclusion, and empowerment for marginalized and excluded groups. This handbook defines an approach to considering social justice in intellectual property law and regulation, with top scholars offering surveys of social justice implementation in patents, copyright, trademarks, trade secrets, rights of publicity, and other major IP areas.

Format: Hardback
Length: 650 pages
Publication date: 31 August 2023
Publisher: Cambridge University Press

Protection for intellectual property has never been absolute; it has always been limited in the public interest. The benefits of intellectual property protection are meant to flow to everyone, not just a limited population of creators and the corporations that represent them. Given this social-utility function, intellectual property regimes must address issues of access, inclusion, and empowerment for marginalized and excluded groups. This handbook defines an approach to considering social justice in intellectual property law and regulation.

Top scholars in the field offer surveys of social justice implementation in patents, copyright, trademarks, trade secrets, rights of publicity, and other major IP areas. Chapters define Intellectual Property Social Justice theory and include recommendations for reforming aspects of IP law and administration to further social justice by providing better access, more inclusion, and greater empowerment to marginalized groups.

The concept of intellectual property social justice is rooted in the belief that intellectual property rights should be accessible, inclusive, and empowering for all individuals and groups, regardless of their background or circumstances. This includes the right to create, innovate, and share ideas without fear of exploitation or discrimination. Intellectual property social justice aims to address the historical and systemic inequalities that have limited access to intellectual property resources and opportunities for marginalized and excluded groups.

One of the key challenges facing intellectual property social justice is the issue of access. Historically, marginalized and excluded groups have faced barriers to accessing intellectual property resources, such as education, technology, and financial resources. This has resulted in a lack of representation and participation in the intellectual property system, which has led to the perpetuation of inequalities and the exclusion of certain groups from benefiting from intellectual property protections.

To address this issue, intellectual property regimes must prioritize access to intellectual property resources for marginalized and excluded groups. This can include providing education and training programs that promote innovation and entrepreneurship among these groups, as well as providing financial support and incentives to help them develop and commercialize their intellectual property. Intellectual property regimes can also work to promote inclusivity in the intellectual property system by ensuring that all individuals and groups have equal opportunities to participate in the intellectual property system, regardless of their background or circumstances.

In addition to access, intellectual property social justice also focuses on inclusion. This involves ensuring that all individuals and groups have a voice in the intellectual property system and that their perspectives and experiences are considered in decision-making processes. Intellectual property regimes can promote inclusion by engaging with marginalized and excluded groups and seeking their input on intellectual property policies and practices. This can include conducting public consultations and engaging with community organizations and other stakeholders to ensure that the intellectual property system is responsive to the needs and concerns of all individuals and groups.

Empowerment is another key aspect of intellectual property social justice. This involves providing individuals and groups with the tools and resources they need to participate in the intellectual property system and to benefit from their intellectual property. Intellectual property regimes can promote empowerment by providing legal assistance and representation to marginalized and excluded groups, as well as by promoting the use of technology and other tools to facilitate access to intellectual property resources.

Intellectual property social justice also involves addressing the issue of discrimination in the intellectual property system. Discrimination can take many forms, including racial discrimination, gender discrimination, and discrimination based on disability or other characteristics. Intellectual property regimes can promote discrimination by implementing policies and practices that promote equality and diversity in the intellectual property system. This can include promoting the representation of marginalized and excluded groups in the intellectual property system, as well as by implementing policies that prevent discrimination in the intellectual property system.

In conclusion, intellectual property social justice is a critical issue that requires attention and action from policymakers, scholars, and other stakeholders. By promoting access, inclusion, and empowerment for marginalized and excluded groups, intellectual property regimes can help to address the historical and systemic inequalities that have limited their access to intellectual property resources and opportunities. By promoting social justice in intellectual property law and regulation, we can create a more equitable and inclusive intellectual property system that benefits everyone.

ISBN-13: 9781108482738