Dyskurs w obrębie prawa własności intelektualnej. Spojrzenie filozoficzno-prawne

Abstract

Present day sees the ongoing heated debate on the shape of intellectual property rights (IPRs). The paper aims to explore the background of ongoing conflict between right holders and the groups that challenge the regulations pertaining to the intellectual property. In pursue of that aim, firstly, the economical justification, which is the most prevailing justification of IPRs, is presented; it is then contrasted with the number of arguments put forth by the opponents, including those based on the thought of critical legal studies (CLS) movement. Finally, based on historical and philosophical account it is argued that the discourses witnessed in present day are merely repetitions of those that occured in the past. The socio-economic changes simply makes old arguments resurface, so that a new fair balance between rights and interests of all stakeholders could be attained.