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Document Type

Symposia Article

Abstract

In Intellectual Property and Immorality, Professor Snow fearlessly puts forth the proposition of morality in the consideration of IP’s social welfare goals. By doing so, he invites important conversations about the underlying purposes and values of an area of law that powerfully shapes our knowledge-based economies and societies. Towards this end, this Response has three propositions: (1) expansion of the foundational justifications for IP to include the key insights of human development (sometimes referred to as human flourishing) theory; (2) recognition not just of harms to individuals but also harms to communities and societies; and (3) imbuing of greater substantive meaning to the key term “Progress” in the U.S. Constitution’s Progress Clause. Doing so would ameliorate the current immoralities that unfortunately tarnish the promise and potential of IP to increase overall human flourishing and social welfare.

DOI

10.37419/JPL.V11.I1.5

First Page

153

Last Page

168

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