John Locke, natural rights and intellectual property: the legacy of an idea

‘A book may be good for nothing; or there may be only one thing in it worth knowing; are we to read it all through?’ (Samuel Johnson) This section is dedicated to the review of ideas, articles, books, films and other media. It will include replies (and rejoinders) to articles, the evaluation of new ideas or proposals, and reviews of books and articles both directly and indirectly related to intellectual property law. What a triumphant idea it was, and continues to be. Every individual has property in his own person and this includes the fruits of his labour. John Locke would undoubtedly have been voted the Times Man of the Year. Like the concept of property, markets are regarded as systems promoting natural liberty. The convergence of property and markets has long been regarded as a testament to each in its ability to facilitate the co-ordination of resources and promote efficiency, transparency and prosperity. Notwithstanding the ideological underpinnings affirming the ability of both these systems to produce economic, social and cultural gains, it is also acknowledged that not all forms of value can be captured by transactional exchanges. It is with good reason that the institution governing the exploitation of intellectual property, and its laws are constructed to ensure that the public good is accommodated. That said, we not only encounter the legacy of Locke's idea, but conflicts about the role and value of policies continuing to emphasize the claims of rights holders and disagreements regarding the central role of transactional exchanges and incentive mechanisms. The evolution of Locke's ideas and the debates over the precise limits of the circumstances when claims to proprietary entitlements will trump the freedom of the individual to access or utilize ideas, expressions or even inventions, have never been fully settled. And they are unlikely to be, since the evolution of IP appears to have inverted the proper order of the interests served, which results in aligning the public good and public interests with the interests of authors, creators and inventors. Anyone seeking to reverse the status quo faces a massive task, as IP institutions and laws are interwoven with political, economic, technological and cultural history.