Private Law Theory

Abstract:
In this paper I argue for the recognition of a group Intellectual Property Right. I specifically deal with the protection of Intangible Cultural Property of Indigenous peoples, by placing reliance on the normative views of John Locke, Immanuel Kant and John Rawls. I further go on to show how under the existing IP regime itself, there are cracks and crevices which if smartly manipulated with, can be used to grant robust IP rights for Indigenous Peoples, and other works created by groups in general.

Ganesan, Harshavardhan, Justifying Group Intellectual Property: Applying Western Normative Principles to Justify Intangible Cultural Property (December 6, 2015).

First posted 2016-01-18 07:14:19