The end of intellectual property: Challenges beyond the ‘China Model’

Abstract

A new reef the luxury cruise ship ‘Rule of Law’ has hit, called the unenforceability of intellectual property rights. This article argues that instead of the often misnamed and misunderstood scapegoat, the ‘China model’, it is two global trends, the internet and outsourcing, that have led to the historical clashing and overcoming of the law. As a result, important revisions to our conception and use of the law and a new faith in universalism must be contemplated.

Keywords:

• intellectual property
• rule of law
• internet
• outsourcing
• revisionism
• universalism

Acknowledgements

This paper was delivered as a keynote speech at the ILST Conference on Innovation, Competition and Regulation, 5 November 2011. The author wishes to thank the conference host National Tsing Hua University; ILST Director Peng Hsin-yi; Prof. Liu Kung-chung of Institutum Iurisprudentiae, Academia Sinica; and especially the Honorable Justice Su Yeong-chin for invaluable comments.