Intellectual Property Law: Does intellectual property law inhibit innovation?
Globalization and the advent of the Internet have significantly enhanced the transfer of ideas and knowledge worldwide.
The desire for protection and compensation for one’s ideas and creations has led to an evolution in intellectual property law (IP). This form of law has evolved through policies, laws, and international treaties, which some believe have inhibited creativity, innovation and the sharing of acquired knowledge.
This paper asks the question, does intellectual property law inhibit innovation? Ideas, knowledge and creativity are larger than the discipline of law and affect every part of our lives, thus IP development requires complex approaches in order …show more content…
Intellectual property law impacts a multitude of disciplines such as economics and law, so therefore can be researched using a multidisciplinary approach. I will first try to address our question through a positivist approach.
The hypothesis in this case is that, ‘does the existence of IP law stop innovation’? The study will use empirical data collection of court records regarding cases where IP law was adjudicated and based on the result is there evidence that the inventor stopped inventing.
The advantage of this approach is that it provides a clear and concise analysis of results data and the experiment can be replicated over and over again and provide a general view in understanding the issue. From an economics perspective we may employ incentive to invent theory, which posits that, without protection fewer inventions will be created (Kesan, 2000). This theory posits that if the inventor is not protected, people can steal his or her ideas without penalty, there is no reason to invent. We may also look at the issue from a legal positivist theory, and separability theory, where there is no importance placed on the morality of the law only that it exists for all. Separability theory tells us that the law and morals should be separate (Murumba, …show more content…
The complexity that exists in today’s society and the impact felt by globalization and the evolution of intellectual property law of moved well passed it’s original legal intention. Multidisciplinary approaches allow for a continued isolationist approach through positivism, interdisciplinary approaches, while filling gaps existent between disciplines, still fall short of addressing the complex nature of IP. It is only in a transdisciplinary approach that we find a holistic measure of the impacts of IP in the 21st century, which warrants a new team approach that creates new and innovative theories and methodologies to great a new body of knowledge called innovation
Globalization and the advent of the Internet have significantly enhanced the transfer of ideas and knowledge worldwide.
The desire for protection and compensation for one’s ideas and creations has led to an evolution in intellectual property law (IP). This form of law has evolved through policies, laws, and international treaties, which some believe have inhibited creativity, innovation and the sharing of acquired knowledge.
This paper asks the question, does intellectual property law inhibit innovation? Ideas, knowledge and creativity are larger than the discipline of law and affect every part of our lives, thus IP development requires complex approaches in order …show more content…
Intellectual property law impacts a multitude of disciplines such as economics and law, so therefore can be researched using a multidisciplinary approach. I will first try to address our question through a positivist approach.
The hypothesis in this case is that, ‘does the existence of IP law stop innovation’? The study will use empirical data collection of court records regarding cases where IP law was adjudicated and based on the result is there evidence that the inventor stopped inventing.
The advantage of this approach is that it provides a clear and concise analysis of results data and the experiment can be replicated over and over again and provide a general view in understanding the issue. From an economics perspective we may employ incentive to invent theory, which posits that, without protection fewer inventions will be created (Kesan, 2000). This theory posits that if the inventor is not protected, people can steal his or her ideas without penalty, there is no reason to invent. We may also look at the issue from a legal positivist theory, and separability theory, where there is no importance placed on the morality of the law only that it exists for all. Separability theory tells us that the law and morals should be separate (Murumba, …show more content…
The complexity that exists in today’s society and the impact felt by globalization and the evolution of intellectual property law of moved well passed it’s original legal intention. Multidisciplinary approaches allow for a continued isolationist approach through positivism, interdisciplinary approaches, while filling gaps existent between disciplines, still fall short of addressing the complex nature of IP. It is only in a transdisciplinary approach that we find a holistic measure of the impacts of IP in the 21st century, which warrants a new team approach that creates new and innovative theories and methodologies to great a new body of knowledge called innovation