A new paper uploaded!

From: bhikkhu
Message: 3408
Date: 2012-06-16


Dear members,

I have uploaded a new paper. It is entitled "Intellectual Property in Early Buddhism: A Legal and Cultural Perspective." It is an extended and revised version of a paper I presented at the International Buddhist Conference (2012 Feb.), Buddhasravaka Bhiksu University, Anuradhapura, Sri Lanka, and the abstract is as follows:

"In this paper, I examine the modern concepts of intellectual property, and account for their significance in monastic law and culture of early Buddhism. As a result, I have come to the following conclusions:
1. The infringement of copyrights, patents, and trademarks does not amount to theft as far as Theravadin Vinaya is concerned. 
2. A trademark infringement involves telling a deliberate lie, so entails an offense of expiation (paacittiya), but I cannot find any Vinaya rule which is transgressed by copyright and patent infringements. 
3. The Buddha did recognize the right to intellectual credit, but owing to the commenta­rial interpretations, some traditional circles have come to maintain that intellectual credit can be transferred to someone else."

As I intend to send it to a scholarly journal, I must state as usual that all rights are reserved. All comments are hearily welcome.

with metta,

Ven. Pandita


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