Immoral intangibles : engaging with ned snow’s intellectual property and immorality
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2219-7125; 2219-7117
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Jerusalem review of legal studies, 2023, Vol. 28, No. 1, pp. 124-143
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DRAHOS, Peter, Immoral intangibles : engaging with ned snow’s intellectual property and immorality, Jerusalem review of legal studies, 2023, Vol. 28, No. 1, pp. 124-143 - https://hdl.handle.net/1814/76375
Abstract
Consider a method of torture that inflicts permanent harm. Should we refuse a patent on moral grounds? So begins an inquiry by Ned Snow into property rights in immoral intangibles and moral values. I argue three things in this paper. First there may be cases where we want to keep exclusivity rights in play. I illustrate this with an example of how to use patents to help destroy the tobacco industry. Second I argue that Snow under-utilizes the more radical elements of Lockean desert theory when it comes to a moral assessment of patent law. Finally, I argue that Snow has missed the value that has had the most dominant influence on intellectual property – state security consequentialism.
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Published: 29 November 2023