Re-thinking intellectual property law’s promise of democratic inclusion

In scholarly as well as popular discourse, intellectual property (IP) is perceived as a legal regime that creates and exacerbates social, political, economic and cultural inequality, both at national and international levels (especially along the global North-South divide). The increasing trend towards IP law expansionism and the use of IP rights as a strategic instrument for leveraging corporate interests and political power has weakened IP law’s capacity to safeguard the public interest. In this Chapter, I argue for a re-imagination of the EU IP law system as a legal infrastructure for fostering democratic inclusion in the innovation of intellectual goods and in distributing the social and economic benefits thereof. I propose that the recognition of IP law’s three democracy-enhancing functions by policymakers, legislators and judges could lead to its re-imagination in a way that promotes equality, self-determination and diversity in society.