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25 - Patenting Custom Fit, Aspiring for Social Justice

from Part VII - IP Social Justice: The Future of the Global IP Ecosystem

Published online by Cambridge University Press:  04 January 2024

Steven D. Jamar
Affiliation:
Howard University (Washington DC) School of Law
Lateef Mtima
Affiliation:
Howard University (Washington DC) School of Law
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Summary

Theories of social justice open interesting avenues for both research in and development of intellectual property (IP) law. They provide new normative and policy foundations, looking beyond traditional perspectives rooted in Locke, utilitarianism, wealth-maximization, natural rights, or economic theories of efficiency. But as with all these established approaches, social justice runs the risk of turning routine. One example of the strengths and pitfalls of social justice thinking is the custom-fit movement, the subject of this chapter. My contribution is to invigorate social justice thinking by exploring “social justice in action” through the example of the custom-fit movement.

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Publisher: Cambridge University Press
Print publication year: 2024

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