From protecting texts to protecting objects in biotechnology and software: a tale of changes of ontological assumptions in intellectual property protection

Both software and agricultural inventions have recently become patentable. Previously, software was protected by copyright, while agricultural inventions were protected by plant breeders' rights. Here we argue that legislation on intellectual property is shaped by ontological considerations (i....

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Bibliographic Details
Published in:Economy and society 2011-11, Vol.40 (4), p.611-639
Main Authors: Bonaccorsi, Andrea, Calvert, Jane, Joly, Pierre-Benoit
Format: Article
Language:English
Subjects:
Agricultural Technology
Biotechnology
Computer programs
Computer Software
Copyright
Copyrights
Humanities and Social Sciences
Intellectual property
Legislation
Life Sciences
Ontology
Plant breeding
Property
Protection
Rights
Software
Studies
Transformation
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Summary:Both software and agricultural inventions have recently become patentable. Previously, software was protected by copyright, while agricultural inventions were protected by plant breeders' rights. Here we argue that legislation on intellectual property is shaped by ontological considerations (i.e. ideas about the object to be protected), and we propose that the introduction of patenting in software and biotechnology marks a change from protecting a text to protecting an object. However, this change rests on outdated assumptions about the relationship between structures and functions in both fields. Such an ontological perspective gives us a deeper understanding of recent transformations in intellectual property regimes.
ISSN:0308-5147
1469-5766
DOI:10.1080/03085147.2011.607363