Document Type
Article
Publication Date
Spring 2021
Abstract
In The Color of Creatorship, Anjali Vats offers a compelling analysis of intellectual property (IP) laws through the lens of critical race theory. Providing a persuasive account of the role of racialized perspectives and colonial histories in the making of IP laws, Vats calls on activists to "persuade lawmakers that knowledge production comes in a variety of forms." She makes a valuable contribution to the literature on race and IP, asking us to think about IP citizenship and how this has been framed in the United States. In this brief essay, I will connect Vats's analysis to some of the issues that arise in relation to international IP.
While she acknowledges the global issues and histories, Vats focuses primarily on the role of race in shaping IP law in the United States. However, the book engages in some discussion of the international aspects, primarily focusing on the Indian Traditional Knowledge Digital Library (TKDL).1 Vats connects her theories to traditional knowledge discussions and dignity-based analyses of IP. At its core, this critical race framing calls for an acknowledgement of the personhood and dignity of creators of color. This aligns with the language one might find in an international human rights approach to IP, which requires recognition for the basic dignity of every person by virtue of their humanity. This essay will elaborate on these points, discussing the book in relation to traditional knowledge, human rights, and human flourishing approaches to IP.
Recommended Citation
J. Janewa Osei-Tutu, Denying Cultural Intellectual Property: An International Perspective on Anjali Vats's The Color of Creatorship, 55 New Eng. L. Rev. 79 (2021).