Texas Wesleyan Law Review
This paper reconsiders the theoretical objections to property rights. It asks whether, notwithstanding the differences between traditional knowledge and the inventions and works covered by orthodox patent and copyright law, valid policy reasons might exist for creating a parallel system of property-like traditional knowledge rights. Answering that question requires a close look at why legal systems would ever choose to grant property rights in products of the mind. This discussion, set out in Part II, must include analyses not only of the standard argument in favor of intellectual property rights-the "reward for creativity" theory-but also other possible reasons to grant someone exclusive rights in knowledge. The unique policy concerns associated with traditional knowledge, especially when that knowledge is held by a non-mainstream culture, may make these alternate justifications for property rights more compelling.
John T. Cross,
Justifying Property Rights in Native American Traditional Knowledge,
Tex. Wesleyan L. Rev.
Available at: https://doi.org/10.37419/TWLR.V15.I2.2