Theories Of Intellectual Property Rights:
The Intellectual property rights deals with the rights of individuals just like any
other property rights. Intellectual property rights deals with the rights of individuals
with respect to abstract objects. The purpose of a justification of intellectual
property is to explain why one person should have the exclusive right to possess
and use something which all people could possess and use concurrently. Exclusive
use is not required for personal use in the context of intellectual property as it is
with tangible property, it denotes products of mind and intellect which has the
capability of commercial exploitation. Therefore the owner of such an intellectual
property has right to do certain acts in respect of his work/product
Intellectual Property includes:
1. Inventions, (Patents)
2. Original creative works, (Copy rights)
3. Industrial designs,
4. Symbols, names, images, (Trade marks)
5. Geographical indications
There are certain theories of Intellectual Property Rights some of them are
mentioned below:
1. Natural Right theory: Labour Theory (Locke’s Theory)
This theory talks about how a person has a right to own the creation of his mind in
the same manner he owns creation of his labour. As earlier everything was
available for common usage but man by using labour /intellect/ it made things for
his own private purposes. Therefore we can say intellectual property rights are
natural rights of an individual and we need to protect somebody’s labour because
it is a natural right. The labour of a man’s mind has no less worth and must be
protected by the law
John Locke has mentioned 2 things:
a. Everyone has property right in the labour of his own body. The labour of his body
and the work of his hands are properly his.
b. The appropriation of an unowned object (ideas or theories) arises out of
application of human labour to that object. Mixing one’s own labour with unowned
thing confers upon a property right in the whole thing. However, after
appropriation there must remain objects of similar quality in sufficient quantity for
others: “Enough and as good left for other.”
2. Personality Theory:
The evolution of Intellectual property rights was to create personal self-assertion
over one’s own work. As propounded by Hegel, a person would be more self-
assertive when she/he owns property. He will feel more equal (equality). He will be
freer. As the work is the person’s self-personal expression of his own thoughts. And
thus, he should be given the right to decide how and when his work may be
