Docsity
Docsity

Prepare for your exams
Prepare for your exams

Study with the several resources on Docsity


Earn points to download
Earn points to download

Earn points by helping other students or get them with a premium plan


Guidelines and tips
Guidelines and tips

Theories of IPR, Intellectual property Rights, Patent Law, Lecture notes of International Law

Theories of IPR, Intellectual property Rights, Patent Law

Typology: Lecture notes

2024/2025

Uploaded on 10/18/2024

sandhya-joshi
sandhya-joshi 🇮🇳

1 document

1 / 2

Toggle sidebar

This page cannot be seen from the preview

Don't miss anything!

bg1
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
pf2

Partial preview of the text

Download Theories of IPR, Intellectual property Rights, Patent Law and more Lecture notes International Law in PDF only on Docsity!

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:
  6. 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

produced or performed in public, and the right to prevent mutilations and changes. Intellectual property laws are to be there to protect the author’s or the inventor’s manifestation of his personality. This is also backed by the need for the safeguarding of the individual’s freedom of expression.

3. Utilitarian Theory: As the creators of intellectual properties do not have the necessary incentive unless they have accorded some means to control their knowledge. Unless this is done, they lack the necessary economic incentive. This is called utilitarian theory of intellectual property. Utilitarian is institution socially beneficial. It states that we have intellectual property systems because it has the effect on the betterment /economic of the society. Its correctness is to be assessed in the economic success of the countries. So, it is more of an economic issue. Such creative works require investment in terms of time, money and effort. Therefore if they aren’t provided protection for the same, people will not invest on intellectual properties. Hence, there is a need to pay the rights owner a royalty or fee even though it may increase the price of the product or service to which intellectual property right relates but, can be seen as a kind of tax on knowledge and information. Thereby providing an incentive to create such intellectual works.