Meritocracy of Intellectual Property Within the Bandwidth of Equality; Calibrating the Engine of Creativity, Commerce and Innovation

Life is fundamentally unequal, shaped by the arbitrary circumstances of birth and fate. The chapter critically explores the role of intellectual property (IP) law within the framework of meritocracy, arguing that meritocratic IP can provide effective incentives to fostering creativity, commerce, and innovation, to move up one’s position in society and change the culture in the process. However, meritocratic IP should not be used to justify or perpetuate inequality. IP rights, copyright, patents, trademarks, geographical indications (GIs), cultural heritage rights (CHR), and trade secrets, are analyzed for their meritocratic value and their potential to either exacerbate or mitigate inequality. The digital transformation and the rise of artificial intelligence (AI) present new challenges, where creative destruction may widen income inequality while also lowering resource inequality by increasing access to goods and services. Additionally, the spatial and cultural dimensions of IP, particularly in the context of GIs and CHRs, are examined for how they can entrench existing disparities. The chapter advocates for a recalibration of IP law that better aligns with true meritocratic principles while ensuring that it does not reinforce inequality. It calls for a more flexible and inclusive IP system that respects both the heritage of the past and the innovation of the future, ultimately aiming to create a society where meritocracy drives inclusive progress and shared prosperity rather than entrenched inequities.