Jambe Law Journal
Vol. 8 No. 1 (2025)

Utilitarianism Versus Communalism: A Legal Theory Analysis of Intellectual Property Rights Ethics in Global North and South

Kurniawan, I Gede Agus (Unknown)
Samsithawrati, Putu Aras (Unknown)
Disantara, Fradhana Putra (Unknown)
Budiana, I Nyoman (Unknown)
Nutakor, Briggs Samuel Mawunyo (Unknown)



Article Info

Publish Date
30 Jun 2025

Abstract

The development of the idea of ​​intellectual property has become a separate debate related to countries in the Global South and countries in the Global North. Global South and Global North are concepts used to distinguish between developed and developing countries in social, economic, and political contexts. This study aims to analyze the views of utilitarianism versus communalism in understanding intellectual property rights in Global North and Global South countries. This study is a normative legal study that prioritizes conceptual, historical, and philosophical approaches. The results of the study confirm that the differences in views between Global North and Global South countries on intellectual property reflect global economic and political inequality. Global North countries support strict intellectual property protection to maintain their economic and technological dominance, while Global South countries want a more flexible system to ensure fair access to technology, medicines, and protection of traditional knowledge. Global North countries see IP protection as a driver of innovation and economic growth, based on the theory of utilitarianism, while Global South countries prioritize the principle of communalism to ensure fair access to technology and knowledge. To achieve balance, inclusive policies, international cooperation in research and development, and integration of communal values ​​in IP policies are needed, in order to create social justice and redistribution of global wealth

Copyrights © 2025






Journal Info

Abbrev

home

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Jambe Law Journal is a peer-reviewed journal published by the Faculty of Law Jambi University twice a year in May and November. It aims primarily to facilitate professional discussions over current developments on legal issues in Indonesia as well as to publish innovative legal researches concerning ...