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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: 17 September 2021

Issues in the Moral Grounding of Intellectual Property Rights

Issues in the Moral Grounding of Intellectual Property Rights

(p.331) 9 Issues in the Moral Grounding of Intellectual Property Rights
Knowledge as Property

Rajshree Chandra

Oxford University Press

This chapter returns to the question of legitimacy of intellectual property rights (IPRs) with which this book begins. Can IPRs be legitimately claimed as rights? In the absence of moral principles that support such a claim, do IPRs derive any legitimacy at all from their ability to support or conjoin with other rights? Do IPRs fit in with a framework of rights, which unites welfare, well-being, equal access to advantage with autonomy? These are questions which emerge out of the contestations relating to intellectual property. These questions explore the broader challenges that collective claims pose to the liberal theory of rights. It is one thing for international covenants to recognize and felicitate these rights, and quite another for them to become justifiable tools for renegotiating both lost spaces of autonomy and protected future choices.

Keywords:   legitimacy, liberal theory of rights, autonomy, moral principles

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