Philip J. Ivanhoe, University of Michigan
In his well-known book, To Steal a Book is an Elegant Offense, William Alford argues that a robust conception of intellectual property did not develop in premodern China because of the profoundly oppressive nature of the past. Chinese intellectuals purportedly believed that everything of importance had already been discovered in the past. All that remained was for them to elucidate and remain faithful to the ancients. There was no need for or even the possibility of the discovery or creation of "new" ideas, processes, or devices, at least any that would have great significance. This essay examines and criticizes this account and provides an alternative description of the causes and conditions that made the development of a robust conception of intellectual property less likely in China. It then goes on to examine some of the ideas that were part of this background in China and explores some of the implications these might have for foreign policy and our own conception, practices, and policies regarding intellectual property.