Intellectual Property Rights Under the Constitution's Rule of Law

Perspectives from FSF Scholars, Vol. 9, No. 31

15 Pages Posted: 15 Oct 2014

See all articles by Randolph J. May

Randolph J. May

The Free State Foundation

Seth Cooper

The Free State Foundation

Date Written: September 1, 2014

Abstract

Today, the rule of law is all but universally recognized as a fundamental attribute of a free and just society. A “government of laws, not of men” places important limits on government power in order to ensure the protection of individual rights. And a proper understanding of fundamental rule of law precepts plays an important role in securing Intellectual Property (IP) rights. American constitutionalism supplies the basic conditions for America’s unique conception of the rule of law – designed to ensure the protection of life, liberty, and property. Intellectual property is a form of property expressly provided for under the Constitution. In theory and in practice, intellectual property is readily conformable to the key components of the rule of law and American constitutionalism, such as according due process and equal protection and protecting vested rights. When IP’s critics argue otherwise, including some who otherwise consider themselves respectful of private property rights, they disregard or misunderstand fundamental elements of American constitutionalism and the rule of law.

This paper, which is part of a series of works on foundational principles of intellectual property, addresses some of the due process, equal protection, Takings Clause, and vested rights implications for IP rights.

Keywords: Copyright, Patent, Intellectual Property, Rule of Law, Constitutional Rights

JEL Classification: K11

Suggested Citation

May, Randolph J. and Cooper, Seth, Intellectual Property Rights Under the Constitution's Rule of Law (September 1, 2014). Perspectives from FSF Scholars, Vol. 9, No. 31, Available at SSRN: https://ssrn.com/abstract=2509516

Randolph J. May (Contact Author)

The Free State Foundation ( email )

P. O. Box 60680
Potomac, MD 20859
United States
301-299-3182 (Phone)
301-299-5007 (Fax)

HOME PAGE: http://www.freestatefoundation.org

Seth Cooper

The Free State Foundation ( email )

P.O. Box 60680
Potomac, MD 20859
United States
301-299-3182 (Phone)
301-299-5007 (Fax)

HOME PAGE: http://www.freestatefoundation.org

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