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JUSTIFICATION FOR

INTELLECTUAL
PROPERTY

Ms. Tulika Shree


Asst. Lecturer
HNLU

THREE MAIN JUSTIFICATIONS

Labour Theory
Personality Theory
Utilitarian Theory

LABOUR THEORY

Propounded by John Locke .


Second Treatise of Government
A state of nature in which goods are held in
common through a grant from god.
God grants this bounty to humanity for its
enjoyment but these goods cannot be
enjoyed in their natural state.
The individual must convert these goods into
private property by exerting labour upon
them.

This labour adds value to the goods, if in no other


way by allowing them to be enjoyed by a human
being.
Enough and as good condition puts a natural
ceiling limit on how much each individual may
appropriate through labour.
It is an equal opportunity provision each person
can get as much as he is willing to work without
creating meritocratic competition against others.

In case of Intellectual Property ideas are


taken from a common pool through mental or
physical assertion.

PERSONALITY THEORY

Hegelian Intellectual Property


Hegels Philosophy--- human will, personality,
and freedom.
Individuals will is core of human existence,
constantly seeking actuality and
effectiveness in this world.
In the hierarchy of elements in an
individuals mental make up in which the will
occupies the highest position.

WILL
INTERACTION WITH
EXTERNAL WORLD

SELF ACTUALIZATION

PROPERTY
EXPRESSION OF THE WILL
PART OF PERSONALITY

RESPECT FOR PROPERTY

Private property provides for personal


expression, dignity and recognition of the
individual person.
Property is embodiment of personality.
In IP, it can be said that ideas are
manifestation of creators personality or self,
hence it needs to be protected.

PRACTICAL IMPLICATIONS OF
PERSONALITY THEORY:
1. COPYRIGHTS-

expression of personality;
moral rights of copyright owners to guard the
integrity of work against change
2. TRADEMARKS- it is right of expression for
manufacturer and fulfills the recognition
aspect of the personality theory

LIMITATION OF PERSONALITY
THEORY
1. Applies

only the works of art.


2. Not the sole reason for granting intellectual
property rights.
3. Does not apply in case where a product
results from the efforts of many different
people.

UTILITARIAN THEORY

Greatest good for greatest number.

Unique justification
To promote the Progress of Science and
useful Arts, by securing for limited Times to
Authors and Inventors the exclusive Right to
their respective Writings and Discoveries
(Article 1, Section 8, Clause 8).
Limited term monopoly

There is public benefit or social good that


can be gained through an institution that will
benefit some individuals in short term but
everyone else in the long term.

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