IP examination is a prerequisite to policy focus
K.J. Greene 08 [Kevin Jerome Greene is an American lawyer and professor of contract music law and entertainment law at Southwestern Law School in Los Angeles, California. “Intellectual Property at the Intersection of Race and Gender: Lady Sings the Blues." American University Journal of Gender, Social Policy & the Law. 16, no. 3 (2008): 365-385. https://digitalcommons.wcl.american.edu/cgi/viewcontent.cgi?article=1040&context=jgspl]//:0
Taken together, critical race, feminist, and internationalist critiques of IP have the potential to transform the way we think of IP rights and protection. IP itself is in a period of analytical and practical turbulence, and a focus on critical perspectives can be invaluable to re-imagining an IP system that actually provides real incentives to artists at the bottom of society, rather than multi-national conglomerates concentrated across IP industries. The critical project of IP examination can provide ways to achieve racial and gender equality, rather than reinforcing unequal social constructs through the dynamics of IP protection. Critical perspectives locate IP in a social construct, just as race and gender are socially constructed.130 Therefore, IP can be re-engineered to bring about results of distributive justice and to foster norms of racial and gender equality. These results would be in keeping with the constitutional mandate of IP protection, which is designed to insure a robust marketplace of ideas, and to compensate those who add intellectual, scientific, and artistic value to society. Further, a critical examination of IP rights is consistent with a human rights perspective of IP being developed by scholars using international norms to inform IP entitlements