What does religion have to do with it: Exploring noninstitutional arguments for effective enforcement of IPR

Abstract Through this paper the authors intend to establish a connect between religion and Intellectual Property Rights (IPR) particularly how various religions have justified IPRs and analyze whether religion can prove to be the much‐needed enforcement tool to fight infringement of IPRs. Intellectual Property is a domain which is governed purely by creativity and technology and has traditionally been justified by utilitarianism. However, the evidence we are in possession of does not entirely justify the rationale of exclusive rights granted under the current IPR regime. While questioning the contradictory evidence seems as a logical move, instead scholars are turning to nonindustrial faith‐based arguments which justify intellectual property as a moral end in itself. A growing number of academics are choosing to devote at least a portion of their research to examining how religious thought can influence approaches to difficult intellectual property questions because they find the religious texts to be a rich source of inspiration on both temporal and eternal issues. A major obstacle in the enforcement of IPR is that people are not entirely convinced that infringing IPR is unethical. This enforcement challenge, surprisingly in the presence of legislations, may be tackled by informal institutions such as religious commitments.

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Publication Details

Journal
The Journal of World Intellectual Property
Published
2024-11-11
DOI
https://doi.org/10.1111/jwip.12329
Primary Topic
American Constitutional Law and Politics
Type
article
Field-Weighted Citation Impact
0.00
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article

What does religion have to do with it: Exploring noninstitutional arguments for effective enforcement of IPR

Hardik Daga, Latika Choudhary
The Journal of World Intellectual Property
American Constitutional Law and Politics
article

What does religion have to do with it: Exploring noninstitutional arguments for effective enforcement of IPR

Hardik Daga, Latika Choudhary
article en

Abstract

Abstract Through this paper the authors intend to establish a connect between religion and Intellectual Property Rights (IPR) particularly how various religions have justified IPRs and analyze whether religion can prove to be the much‐needed enforcement tool to fight infringement of IPRs. Intellectual Property is a domain which is governed purely by creativity and technology and has traditionally been justified by utilitarianism. However, the evidence we are in possession of does not entirely justify the rationale of exclusive rights granted under the current IPR regime. While questioning the contradictory evidence seems as a logical move, instead scholars are turning to nonindustrial faith‐based arguments which justify intellectual property as a moral end in itself. A growing number of academics are choosing to devote at least a portion of their research to examining how religious thought can influence approaches to difficult intellectual property questions because they find the religious texts to be a rich source of inspiration on both temporal and eternal issues. A major obstacle in the enforcement of IPR is that people are not entirely convinced that infringing IPR is unethical. This enforcement challenge, surprisingly in the presence of legislations, may be tackled by informal institutions such as religious commitments.

The Journal of World Intellectual PropertyVol. 28(1)
University of Petroleum and Energy Studies (IN)
Peace, Justice and strong institutions
Openalex Percentile: Top 68%
American Constitutional Law and Politics
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