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Theories Of Intellectual Property Rights

Theories Of Intellectual Property Rights

Theories Of Intellectual Property Rights – There are Four main theories of Intellectual Property Rights.

Natural Rights Theory ( Labour Theory )

• The essence of this theory emanates mainly from John Lock’s idea that an author has a natural right over the production of their intellectual labor.

• This theory does not make any difference between intellectual property and the traditional tangible property including the right to use, to exclude others from use, and the right to transfer the owned object.

• So anyone who violates the intellectual right of an author, creator, or inventor is considered to commit theft.

• Problem: new creators inevitably and usefully build on predecessors. In this sense, intellectual property is rarely a creation from nothing and that creates a problem in calling it the property of someone completely.

THE UTILITARIAN THEORY ( Incentive Theory )

• This theory is based on the fact that industrial progress and cultural goods have a beneficial effect on society.

• In order to promote the inventions and creations, the titular needs a guarantee that the outcome will be superior to the costs of his work.

• The incentive theory justifies intellectual rights because of the profit they bring to the whole society.

• Social Planning Theory takes a wider aspect of Incentive Theory

• It differs from utilitarian theory in that it seeks to go beyond the notion of ” social welfare ” to a much broader vision of society serviced by intellectual property.

THE ETHIC AND REWARD THEORY:

• This theory justifies the exclusive rights of intellectual property with some moral and ethical aspects.

• The exclusive rights are ” an expression of gratitude to an author for doing more than society expects or feels that they are obliged to do “

• But this theory suggests that the inventor could benefit more than his amount of hard work in the initial period and letting him keep the rights for a long time is excessive.

THE PERSONHOOD THEORY ( Personality Theory )

• Hegel, who is the main source of this theory, claims that intellectual rights permit and protect the development of the personality, which extends to material things. In the same way, the copier is considered a thief who offers to the public someone else’s spirit.

• Problem: One view is that when the creation is done, the work is independent of its creator but dependent on the public. As a matter of fact, the work obtains substance only because the others decided to attach importance to it.

These are the theories of Intellectual Property Rights.

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