Presentation delivered at the IAF International Seminar "Profiling Political Liberalism as an Effective Force pro Progress - A global future workshop". - Theodore Heuss Akademie - Friedrich Nauman Für Die Freiheit - Gummersbach, Germany - 2014

1. Arguments for and against this position
Carolina Gonzalez Rodríguez
BASES Foundation / University of BuenosAires, School of Law

2.  Michael Polanyi (1958):
Creative acts (especially acts of discovery)
are shot-through or charged with strong
personal feelings and commitments. Arguing
against the then dominant position that
science was somehow value-free, Michael
Polanyi sought to bring into creative tension
a concern with reasoned and critical
interrogation with other, more ‘tacit’, forms
of knowing.
Personal Knowledge
Carolina Gonzalez Rodríguez - BASES FOUNDATION / University of Buenos Aires,
School of Law

3.  Bertrand Russell (1976)
“The question how knowledge should be defined
is perhaps the most important and difficult of the
three with which we shall deal.This may seem
surprising: at first sight it might be thought that
knowledge might be defined as belief which is in
agreement with the facts.The trouble is that no
one knows what a belief is, no one knows what a
fact is, and no one knows what sort of agreement
between them would make a belief true”
Theory of KnowledgeCarolina Gonzalez Rodríguez - BASES FOUNDATION / University of Buenos Aires,
School of Law

4. Carolina Gonzalez Rodríguez - BASES FOUNDATION / University of Buenos Aires,
School of Law

5.  World 1: the world of physical objects and
events, including biological entities
 World 2: the world of mental objects and events
 World 3: objective knowledge.
 ScientificTheory
 Myths
 Stories
 Social Institutions
Three worlds.TheTanner Lecture on HumanValues
Carolina Gonzalez Rodríguez - BASES FOUNDATION / University of Buenos Aires,
School of Law

6. “If we possess all the relevant
information, if we can start out
from a given system of
preferences, and if we
command complete knowledge
of available means, the
problem which remains is
purely one of logic.”
The use of knowledge in society
Carolina Gonzalez Rodríguez - BASES FOUNDATION / University of Buenos Aires,
School of Law

7. Article 27 of the Universal Declaration
of Human Rights
the right to benefit from the protection of
moral and material interests resulting from
authorship of scientific, literary or artistic
productions.
Carolina Gonzalez Rodríguez - BASES FOUNDATION / University of Buenos Aires,
School of Law

8.  “First, the progress and well-being of humanity rest
on its capacity to create and invent new works in the
areas of technology and culture.
 Second, the legal protection of new creations
encourages the commitment of additional
resources for further innovation.
 Third, the promotion and protection of intellectual
property spurs economic growth, creates new jobs
and industries, and enhances the quality and
enjoyment of life”.
World Intellectual Property Organization
Carolina Gonzalez Rodríguez - BASES FOUNDATION / University of Buenos Aires,
School of Law

9. “The cry for copyright is the cry of men who are
not satisfied with being paid for their work once,
but insist upon being paid twice, thrice, and a
dozen times over.”
George Bernard Shaw
Carolina Gonzalez Rodríguez - BASES FOUNDATION / University of Buenos Aires,
School of Law

10. Public Goods
NON COMPETITIVE
COMPSUPTION
NO
EXCLUSION
PROBLEMTO SOLVE:
EXTINCTION (Tragedy of the
Commons)
POLITICS
MARKET
REGULATION
ALLOCATION OF
PROPERTY
RIGHTS
Carolina Gonzalez Rodríguez - BASES FOUNDATION / University of Buenos Aires,
School of Law

11.  Given that kowledge is a public good, wich
doesn’t extinct, there is no need to allocate
property rights to give incentives for
preservation and enlargement.
 On the contrary, patents and IP rights would
imposse artificial monopolies which would make
an abundant good scarce, and therefore increase
the price of the goods and services produced as
a consequence of the IP discoveries.
Carolina Gonzalez Rodríguez - BASES FOUNDATION / University of Buenos Aires,
School of Law

12. FROMTHE PRODUCER’S PERSPECTIVE
 INCENTIVES : if the outcome of the intellectual
effort and innovation is not allocated to the
inventor, he/she wouldn’t have the drive to invest
resources in the production of a public good such
as knowledge is
 INTERNALIZATION of costs and benefits of
producing IP
 How to assess efficiency of the ip system?
▪ «Patent paradox»
Carolina Gonzalez Rodríguez - BASES FOUNDATION / University of Buenos Aires,
School of Law

13. Carolina Gonzalez Rodríguez - BASES FOUNDATION / University of Buenos Aires,
School of Law

14.  IN FAVOR OF IPR:
 Producer’s perspective
 Incentives for innovation
 Allocation of private property rights
 AGAINST IPR
 Consumer’s perspective
 Artificial Monopoly
 Prices increased
 It is not proved that free system would discourage
innovation.
Carolina Gonzalez Rodríguez - BASES FOUNDATION / University of Buenos Aires,
School of Law

15.  Polanyi, Michael. Personal Knowledge:Towards
a Post-Critical Philosophy. Routledge & Kegan
Paul. London 1958.
 Pollock, John and Cruz, Joseph. Contemporary
Theories of Knowledge. Rowan and Littlefield
Publishers. Oxford 1999.
 Popper, Karl: ThreeWorlds.TheTanner lecture on
HumanValues. Delivered at the University of
Michigan. April 7, 1978
 Hayek, Friedrich. The use of knowledge in
society. American Economic Review. XXXV, No. 4.
American Economic Association, 1945
Carolina Gonzalez Rodríguez - BASES FOUNDATION / University of Buenos Aires,
School of Law

16. Thank you very much!!
cgonzalezr@derecho.uba.ar
Carolina Gonzalez Rodríguez - BASES FOUNDATION / University of Buenos Aires,
School of Law