Intellectual Property in Early Buddhism

ISSN 1076-9005
Volume 19, 2012

Intellectual Property in Early Buddhism: A Legal and Cultural Perspective

Ven. Pandita (Burma)
University of Kelaniya

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 Theravādin Vinaya is concerned; (2) because a trademark infringement involves telling a deliberate lie, it entails an offense of expiation (pācittiya), but I cannot find any Vinaya rule which is transgressed by copyright and patent infringements; and (3) although the Buddha recognized the right to intellectual credit, commentarial interpretations have led some traditional circles to maintain that intellectual credit can be transferred to someone else.

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One thought on “Intellectual Property in Early Buddhism”

  1. It is very interesting to see the concepts of intellectual property from a different cultural perspective. In Australia, we only ever learn the common law history of western style law, and your paper was a great contrast to that.

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