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

Download Influence of Locke & Hegel on Intellectual Property: Foundations & Comparison and more Slides Sociology in PDF only on Docsity!

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