TY - JOUR

T1 - The hypocracy of forgetfulness: the contemporary significance of early innovations in intellectual property.

AU - May, Chris

N1 - RAE_import_type : Journal article RAE_uoa_type : Politics and International Studies reprinted in: May, C (ed.) The Political Economy of Intellectual Property Rights (3 vols) (Cheltenham: Edward Elgar, 2010)

PY - 2007/2/1

Y1 - 2007/2/1

N2 - Although often now presented as a potentially universal set of legal principles, the particular history of the initial development of intellectual property rights (IPRs), first in Venice, then subsequently in Britain and across Europe is directly related to Europe's specific history. In this paper, I argue that we cannot separate the development of intellectual property as a legal form from the specific early history of capitalism in Europe. The technological, institutional and political philosophical developments that underlay the development of nascent IPRs were a specific historical conjunction and suggests that rather than a universal set of rights, IPRs must be set in their historical, political economic context. In conclusion I draw some links between questions of differential treatment under contemporary multilateral governance through the Trade Related Aspects of Intellectual Property Rights agreement and this early history of intellectual property to criticise the claims for a universal set of institutionalised rights without regard to levels of economic development.

AB - Although often now presented as a potentially universal set of legal principles, the particular history of the initial development of intellectual property rights (IPRs), first in Venice, then subsequently in Britain and across Europe is directly related to Europe's specific history. In this paper, I argue that we cannot separate the development of intellectual property as a legal form from the specific early history of capitalism in Europe. The technological, institutional and political philosophical developments that underlay the development of nascent IPRs were a specific historical conjunction and suggests that rather than a universal set of rights, IPRs must be set in their historical, political economic context. In conclusion I draw some links between questions of differential treatment under contemporary multilateral governance through the Trade Related Aspects of Intellectual Property Rights agreement and this early history of intellectual property to criticise the claims for a universal set of institutionalised rights without regard to levels of economic development.

KW - Intellectual property rights

KW - commodification

KW - history of intellectual property

KW - markets

U2 - 10.1080/09692290601081202

DO - 10.1080/09692290601081202

M3 - Journal article

VL - 14

SP - 1

EP - 25

JO - Review of International Political Economy

JF - Review of International Political Economy

SN - 0969-2290

IS - 1

ER -