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    Justification For Intellectual Property

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    Surabhi Maheshwari
    The document outlines three main justifications for intellectual property: the labour theory, personality theory, and utilitarian theory. The labour theory proposes that by exerting mental or physical effort to create ideas, those ideas become the property of the creator. The personality theory suggests that ideas are a manifestation of a creator's personality and deserve protection. The utilitarian theory argues that intellectual property rights incentivize creation by granting limited-time monopolies, which benefits society in the long run.

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    Justification For Intellectual Property

    Uploaded by

    Surabhi Maheshwari
    120 views12 pages
    The document outlines three main justifications for intellectual property: the labour theory, personality theory, and utilitarian theory. The labour theory proposes that by exerting mental or physical effort to create ideas, those ideas become the property of the creator. The personality theory suggests that ideas are a manifestation of a creator's personality and deserve protection. The utilitarian theory argues that intellectual property rights incentivize creation by granting limited-time monopolies, which benefits society in the long run.

    Original Description:

    this document is given by Ms. Tulika Shree

    Original Title

    Justification for Intellectual Property

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    The document outlines three main justifications for intellectual property: the labour theory, personality theory, and utilitarian theory. The labour theory proposes that by exerting mental or physical effort to create ideas, those ideas become the property of the creator. The personality theory suggests that ideas are a manifestation of a creator's personality and deserve protection. The utilitarian theory argues that intellectual property rights incentivize creation by granting limited-time monopolies, which benefits society in the long run.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    120 views12 pages

    Justification For Intellectual Property

    Uploaded by

    Surabhi Maheshwari
    The document outlines three main justifications for intellectual property: the labour theory, personality theory, and utilitarian theory. The labour theory proposes that by exerting mental or physical effort to create ideas, those ideas become the property of the creator. The personality theory suggests that ideas are a manifestation of a creator's personality and deserve protection. The utilitarian theory argues that intellectual property rights incentivize creation by granting limited-time monopolies, which benefits society in the long run.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    of 12

    JUSTIFICATION FOR

    INTELLECTUAL
    PROPERTY

    Ms. Tulika Shree


    Asst. Lecturer
    HNLU

    THREE MAIN JUSTIFICATIONS

    Labour Theory
    Personality Theory
    Utilitarian Theory

    LABOUR THEORY

    Propounded by John Locke .


    Second Treatise of Government
    A state of nature in which goods are held in
    common through a grant from god.
    God grants this bounty to humanity for its
    enjoyment but these goods cannot be
    enjoyed in their natural state.
    The individual must convert these goods into
    private property by exerting labour upon
    them.

    This labour adds value to the goods, if in no other


    way by allowing them to be enjoyed by a human
    being.
    Enough and as good condition puts a natural
    ceiling limit on how much each individual may
    appropriate through labour.
    It is an equal opportunity provision each person
    can get as much as he is willing to work without
    creating meritocratic competition against others.

    In case of Intellectual Property ideas are


    taken from a common pool through mental or
    physical assertion.

    PERSONALITY THEORY

    Hegelian Intellectual Property


    Hegels Philosophy--- human will, personality,
    and freedom.
    Individuals will is core of human existence,
    constantly seeking actuality and
    effectiveness in this world.
    In the hierarchy of elements in an
    individuals mental make up in which the will
    occupies the highest position.

    WILL
    INTERACTION WITH
    EXTERNAL WORLD

    SELF ACTUALIZATION

    PROPERTY
    EXPRESSION OF THE WILL
    PART OF PERSONALITY

    RESPECT FOR PROPERTY

    Private property provides for personal


    expression, dignity and recognition of the
    individual person.
    Property is embodiment of personality.
    In IP, it can be said that ideas are
    manifestation of creators personality or self,
    hence it needs to be protected.

    PRACTICAL IMPLICATIONS OF
    PERSONALITY THEORY:
    1. COPYRIGHTS-

    expression of personality;
    moral rights of copyright owners to guard the
    integrity of work against change
    2. TRADEMARKS- it is right of expression for
    manufacturer and fulfills the recognition
    aspect of the personality theory

    LIMITATION OF PERSONALITY
    THEORY
    1. Applies

    only the works of art.


    2. Not the sole reason for granting intellectual
    property rights.
    3. Does not apply in case where a product
    results from the efforts of many different
    people.

    UTILITARIAN THEORY

    Greatest good for greatest number.

    Unique justification
    To promote the Progress of Science and
    useful Arts, by securing for limited Times to
    Authors and Inventors the exclusive Right to
    their respective Writings and Discoveries
    (Article 1, Section 8, Clause 8).
    Limited term monopoly

    There is public benefit or social good that


    can be gained through an institution that will
    benefit some individuals in short term but
    everyone else in the long term.

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