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From Lockean Theory to Intellectual Property: Marriage by Mistake and its Incompatibility with Knowledge, Creativity and Dissemination

Shao, K. (2009) From Lockean Theory to Intellectual Property: Marriage by Mistake and its Incompatibility with Knowledge, Creativity and Dissemination. Hong Kong Law Journal, 39 (2). pp. 401-420.

Link to Published Version: http://www.law.hku.hk/hklj/2009-Vol-39.php
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Abstract

The global expansion of intellectual property (IP) underpinned by the Lockean theory of intellectual property is widely seen as a threat to continuous innovation and the public interest in using knowledge. This paper argues that Lockean theory, while being a very suitable explanation of some other rights, is inherently incompatible with the rights associated with knowledge creativity and dissemination. This paper then examines the unique history of misapplication of Lockean theory in the IP field by publishing monopolists in 17th and 18th century England, which so far has fundamentally influenced our modern understanding of how intellectual property should be.

Publication Type: Journal Article
Murdoch Affiliation: School of Law
Publisher: Sweet & Maxwell Asia
Copyright: Sweet & Maxwell Asia
Publishers Website: http://www.law.hku.hk/hklj/index.php
URI: http://researchrepository.murdoch.edu.au/id/eprint/14383
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