Power-Knowledge Theory in Intellectual Property Law

Abstract

This article will discuss the nature of power in the context of intellectual property; particularly with respect to patent rights, and how the notion of power operates through the lens of Michel Foucault’s and Joseph Rouse’s power-knowledge theories. The purpose of this paper is to provide a more comprehensive view of power-knowledge theory as applied to intellectual property and patent law. This article will examine Drahos’s theory on the knowledge power of intellectual property and show why his analysis of power-knowledge theory is incomplete and could be further developed.

Keywords

intellectual property, Michel Foucault, Peter Drahos, Joseph Rouse, power-knowledge theory

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Authors

Tony Zhi (Washington University School of Law in St. Louis)

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