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The philosophical foundations of intellectual property through the lenses of john locke's theory of appropriation and hegel's concept of 'personhood.' the text delves into locke's ideas on natural rights, labor, and property, as well as hegel's notions of self-realization and the importance of property rights for individual will and autonomy. The document also discusses the utilitarian perspective and its implications for intellectual property law.
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Introduction to Intellectual Property
Two Main Themes Today
John Locke (1632-1704)
Locke’s Theory of Appropriation
Locke’s Theory of Appropriation
“this labor being the unquestionable property of the laborer”
Locke’s Theory of Appropriation
Locke’s Theory of Appropriation
“The same law of nature that does by this means give us property, does also bound that property too.”
-- Second Treatise, ¶ 30; p. 3
Spoliation Proviso
3 Lockean Provisos
Labor is far from an absolute claim to title
“ He that had as good left for his improvement as was already taken up needed not complain, ought not to meddle with what was already improved by another’s labour ; if he did it is clear he desired the benefit of another’s pains.. .”
-- 2nd^ Treatise, ¶ 33
Philisophical Foundations
Hegel, “personhood” and self- realization