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Knowledge as PropertyIssues in the Moral Grounding of Intellectual Property Rights$
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Rajshree Chandra

Print publication date: 2010

Print ISBN-13: 9780198065579

Published to Oxford Scholarship Online: October 2012

DOI: 10.1093/acprof:oso/9780198065579.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 16 September 2021

The Utility of Intellectual Property Rights

The Utility of Intellectual Property Rights

(p.92) 4 The Utility of Intellectual Property Rights
Knowledge as Property

Rajshree Chandra

Oxford University Press

This chapter examines the consequentialist utilitarian defence for intellectual property rights (IPRs), which argues that the presence of strong IPRs spurs innovation, leading to higher economic growth and development of science and technology which benefits the society at large. Utilitarianism tends to be extensively used at the policy level. It is argued that utilitarian cost benefit analysis falters, both in terms of quantifiable economic costs, and the nonquantifiable social costs. The costs of a strong IPR regime, when measured beyond a narrow utilitarian frame, often outweigh benefits.

Keywords:   consequentialism, innovation, economic growth, utilitarianism

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