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  • 11 - Inequality and Intellectual Property

  • from Part III - Intellectual Property and Global Inequality
  • Edited by Daniel Benoliel, University of Haifa, Israel, Peter K. Yu, Texas A & M University School of Law, Francis Gurry, World Intellectual Property Organization, Keun Lee, Seoul National University
  • Book:
    Intellectual Property, Innovation and Economic Inequality
    Published online:
    05 December 2024
    Print publication:
    12 December 2024, pp 279-304
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  • Summary

    This chapter explores the impact of intellectual property on increasing income and wealth inequality internationally and domestically, with a focus on law and legal methodology. It begins by setting the scene and background of international intellectual property protection. The chapter then examines the potential of taking into account considerations of income and wealth distribution in the process of interpreting intellectual property rules and explores the potential of the principle of equity. It turns to the overall balance of rights and obligations from an angle of fostering investment in innovation and proposes to recognize creative imitation in the overall equation. It also suggests recalibrating rules on the duration of patents, copyright, trademarks, and trade secret protection. The latter is not subject to limitation and time and may thus contribute to unjustified economic rents detrimental to human investment. This chapter suggests to introduce ceilings of protection and refer to the principle of unjust enrichment in conceptualizing these concerns.