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Influence of Locke & Hegel on Intellectual Property: Foundations & Comparison, Slides of Sociology

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.

Typology: Slides

2012/2013

Uploaded on 01/01/2013

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Introduction to Intellectual Property

Two Main Themes Today

  • Philosophical foundations
  • Comparative overview: Patent, copyright, trademark, trade secret & other state law

John Locke (1632-1704)

Locke’s Theory of Appropriation

1.Nature was created for

all to share; it is a

common

Locke’s Theory of Appropriation

1.Nature was created for all

to share; it is a common

2.We each own our body,

and the labor it produces

“this labor being the unquestionable property of the laborer”

  • For Locke, it is fundamental that these “belong” to the individual; no one has a superior or conflicting claim
  • Each person is “born free”

Locke’s Theory of Appropriation

  1. Nature was created for all to share; it is a common
  2. We each own our body, and the labor it produces
  3. Mixing labor with the common yields a valid property claim

Locke’s Theory of Appropriation

  1. Nature was created for all to share; it is a common
  2. We each own our body, and the labor it produces
  3. Mixing labor with the common yields a valid property claim 4. Subject to caveats and provisos; not an absolute claim

“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

  • “As much as anyone can make

use of to any advantage of life

before it spoils, so much by

his labor he may fix his

property in.. .” -- p 3

3 Lockean Provisos

  • Sufficiency (“as much and as good left over”)
  • Spoliation
  • Charity Docsity.com

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

  • Natural rights theory: John Locke
  • “Personhood” theory: Hegel
  • Utilitarian theory: Mill, Bentham, etc. Docsity.com

Hegel, “personhood” and self- realization