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Ethical And Moral Dilemmas In Intellectual Property: Balancing Rights And Access




Manasa S, Sastra University

Amirthavarshini P K, Sastra University


ABSTRACT


The realm of intellectual property (IP) is a landscape riddled with intricate ethical and moral conundrums, requiring a delicate balance between protecting creators' rights and ensuring equitable access to knowledge and innovation. This paper aims to scrutinize the multifaceted ethical dimensions inherent in IP laws and their broader societal implications.


The ethical discourse surrounding IP rights revolves around conflicting principles: incentivizing innovation and creativity through exclusive rights while fostering accessibility and dissemination of knowledge for the collective good. An exploration of this dichotomy delves into various aspects, including copyright, patents, and trademarks, where the tensions between individual rights and societal benefit are palpable.


Furthermore, this study investigates the ramifications of stringent IP regulations on access to essential resources, such as life-saving medications, educational materials, and cultural heritage. It critically examines cases where IP protection may impede progress, stifle innovation, or exacerbate social disparities, especially in less privileged communities and developing nations.


Moreover, the paper elucidates the ethical implications of emerging digital paradigms, where the ease of replicating and disseminating information challenges traditional notions of IP rights. Issues of digital piracy, open-source movements, and the democratization of knowledge in the digital age are scrutinized through an ethical lens.


Drawing upon philosophical ethical theories, legal frameworks, and case studies from diverse sectors, this research endeavours to illuminate the intricate web of moral quandaries inherent in the realm of intellectual property. It aims to provide insights that transcend mere legal discourse, advocating for a more nuanced and ethically conscious approach to crafting and implementing IP policies.


Ultimately, this paper seeks to provoke critical reflection on the ethical imperatives that underpin intellectual property rights, advocating for a balanced approach that upholds creators' rights while ensuring equitable access to knowledge and innovation for the betterment of society.


Keywords: Intellectual property, Ethics, Morality, Access, Innovation, Copyright, Patents, Digital Age, Social Justice, Legal Frameworks.

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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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