Private Law Theory

ABSTRACT
In his book Invention, Justin Camp’s description of man’s relationship with God as an ‘apprenticeship’ shows a contemporary view of natural law that can also be insightful in how one can better understand intellectual property law. Intellectual property law is ridden with metaphor, and often incorrect ones are applied. When comparing Christianity with intellectual property law, creation is a common denominator. But looking closely, many other aspects such as authorship, functionality, design, likeness, identity, and collaboration are discoverable in man’s relationship with God, as well as in intellectual property law. Furthermore, both share the incentive of promoting the general welfare. This article proposes that the concept of ‘apprenticeship’ as both a modern understanding of natural law and as an IP metaphor aligns well with the law’s predominant justifications, while promoting the objectives of other welfarist, religious, and quasi-religious theories.

Mark Edward Blankenship Jr, “Apprenticeship” as IP Metaphor: A Modern and Innovative Natural Law Approach in Intellectual Property Law, 50 Northern Kentucky Law Review 33 (2023).