Interpreting Historical-Philosophical Sources of Intellectual Property

Abstract

This chapter considers the approach to traditional philosophical sources of intellectual property (IP). It argues that philosophical questioning is characterized by specific and unique features that distinguish it from all other forms of knowledge, including scientific knowledge. It then shows how philosophical concepts—i.e. concepts coined in the course of philosophical questioning—translate in other domains of knowledge, such as jurisprudence, where they eventually decay into empty rhetorical tools devoid of questioning force. The current ‘intellectual property debate’ illustrates this point. In this connection, the chapter questions how intellectual property concepts can be reconstructed in their original philosophical dimension. By way of example, the interpretation of three great philosophers—Kant, Fichte, and Hegel—is considered, by reference to their seminal writings on intellectual property issues.