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Confucian ethics could resolve the root cause of intellectual property litigation

Yu 15 [Peter K. Yu, Kern Family Chair in Intellectual Property Law and Director, Intellectual Property Law Center, Drake University Law School, 2015, “INTELLECTUAL PROPERTY AND CONFUCIANISM”, //zrubin]

After all, as noted in the preface to a book on Confucian humanism, which collected views of more than two dozen leading scholars in the humanities and social sciences: [A key debate in this area concerned] the claim that Confucian ethics, as reflected in government leadership, competitive education, meritocratic elitism, social interaction, a disciplined work force, principles of equality and self-reliance, and self-cultivation, provides a necessary background and a powerful motivating force for the rise of industrial East Asia.105 It may also be useful to explore whether Confucianism could provide insight into solving some of the most treacherous problems in the international intellectual property regime. For example, would a Confucian system of intellectual property rights—which emphasizes harmony, balance, and social responsibility—strike a better balance between proprietary interests and public access needs? Would the Confucian approach to resolving disputes hold the key to the litigation explosion in the intellectual property field and the continuing problems concerning so called copyright, patent, and trademark trolls? Would the Confucian focus on virtue, benevolence, and familial values be conducive to reducing disagreements between developed and developing countries in the intellectual property arena? Finally, would Confucianism provide important insight into the growing popularity of open source, free culture, and access to knowledge movements?

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