Ruminations on Licensing: IP as a Private Property Right

28 12 2017

An exclusive right is more than a mere right of remuneration – it is the right to control the use and disposition of one’s property, and to deny others access to it. Without the fundamental attribute of exclusivity, we lurch toward a system of compulsory licensing, or a private right of individuals to take another’s property on the promise of mere monetary compensation. Under our Constitution, and particularly the Fifth Amendment, or the Takings Clause, even the government does not possess that right except that it be for some demonstrable public – rather than private — use. Thus, to be true to the express language of our Constitution, and respectful of the limits imposed on the Fifth Amendment, the rights inherent in intellectual property necessarily must include a right to exclude others from the enjoyment of that property.

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The content in this post was found at http://www.ipwatchdog.com/2017/09/26/ruminations-licensing-ip-private-property-right/id=88306/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.


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