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CML 3371 Notes

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University of Ottawa
Common Law

Intellectual propertyreviewideaunique product of human cog effortvalue of an idea usefulvaluable applicationexpression of ideaintellectual intangible occurs as result of some form of mental creativity newnovelproperty imbued with scarcity trait can be owned and exchangedintellectual property nonphysical property which stems from is identified as whose value is based upon an idea or ideasideaunique product of human cogip has value because it is not readily obvious requires some insight and exhibits a perception of interestbenefit of otherslabour theory lockeExcreting labou on a thing transforms it into a product becomes extension of body2 provisions no loss to others common good non wastefulefficientlabour desert people entitled to benefit from their labourpersonality theory Hegel ip as form of self expression actualization dignity of human persona embodiment of humanity in external phenomenapublicity cases seen above generallyutilitarian approach incentivize the maximization of social good through reward for investment of efforteconomicdominant rationale paradoxical private privilege for public goodrole of law law as institution represents bod of qualitative social values and norms that members of society agree to abide bylaw as medium lawframework of rule that regulate the use of moey and power in soceity law does not add value but facilitates efficient interactions and exchanges between actorsipsociallegal construct intangible based on value form ideasiip is impleneted and governed by lawnormativefacilitative traitsip exists because it is perceived as having social benefits to society and these benefits need to be privately public ally balancedlaw attempts to facilitate and balance benefitsrisks of iplaw and lit are evolving to protect hemselvesgive examplesrecurring themes propertizationincreased privatization and ownership of commonsrevision of legal frameworkexpansion of right sand obligations
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