An Ethical Inquiry Into Intellectual Property

In this paper, an inquiry into intellectual property is made in theethical perspective, which analyses the ethical foundation of intellectual property system and sets up some ethical principles for intellectual property protection.As a bundle of rights, Intellectual property endows people with legal rights to enjoy the ownership of their own intellectual products, consisting chiefly in copyrights, patent rights, trademark rights and trade secret rights. In comparison to goods property, intellectual property shows a few characteristics of its own as follows: invisibility, exclusivcness, limitation of its effective period and area, and susceptibility to violation.Although intellectual property system has been built in most countries, there are persons who throw skepticism into its rationality. Some acute problems about intellectual property protection often appear in practice, which stem ultimately from the different choice of ethical principles. It is therefore necessary to inquiry into the ethical foundation of intellectual property as a kind of property protected by laws and into the ethical principles for the intellectual property protection to abide by.In the modern western history of thought, Locke's labor value doctrine and Hegel's free will doctrine, serving as a powerful justification for traditional property, can also apply to intellectual property, because the two kinds of properties nx)t in the same ethical foundation. In the contemporary western history of thought, Hughes develops Locke's labor value doctrine to demonstrate the rationality of intellectual propertysystem, while Posner goes on his own way, applying his cost - profitdoctrine to justify the intellectual property system'. In doing so, these thinkers appeal mainly to the principles of justice, of utility and of humanism.We can of course prove the moral rationality of intellectual property system from three aspects as follows: Firstly, It provides protection to intellectual laborers' human right (profit right) and offers respect for knowledge and intellectuals. Secondly, it confirms the justice of social distribution. At last, it contributes to the promotion of technology and science, the prosperity of culture and the perfection of legal system, thereof to the development of whole society. Regardless of all its moral grounds, intellectual property isn't absolute and unrestricted. Intellectual property protection should abide by the principles of justice, of utility, of totality and of humanism.The principle of justice requires: we should take actions, in protecting the creators' profit right from their intellectual products, to prevent this right from treating unjustly with others and doing harm to the society, and to compensate those who create important intellectual products (such as fundamental principles and formulas, general techniques and methods) but can not own their intellectual property.The principle of utility requires: we must weigh the advantage and disadvantage, the gain and loss when we protect an intellectual product as the object of intellectual property. If this action results in the advantage more than the disadvantage or the gain more than the loss, it is feasible. Otherwise, it is not.The principle of totality requires: for the sake of whole human interest , some intellectual creators should give up their intellectual property, and some developed countries should transfer intellectual property to undeveloped countries preferentially or free of charge.The principle of humanism requires: when protecting an intellectual product as the object of intellectual property, we should consider whether this protection is of benefit to safeguard human life and health, to maintain human dignity, and to realize human value. If following that, it is practicable. Otherwise, it is not.Of the above - mentioned principles, each has its respective emphasis, but they are closely connected with each other.Moreover, in the practice of intellectual property protection, we should do our best to find the opti...