Theories of intellectual property rights. Justification Of Patents, Copyrights And Trademarks 2019-01-06

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What are the theories of intellectual property rights?

theories of intellectual property rights

It demonstrates that a unique product of one's labor can receive property protection even if there is no unique underlying idea. In the case of electromagnetism, the Supreme Court ruled that Samuel Morse could not monopolize the general idea of using galvanic current for long-distance communications, although he could monopolize his particular process for exploiting the idea. On this view the building blocks of intellectual works—knowledge—is a social product. Indeed those judicial or legislative statements that appear to fuse the normative and instrumental propositions of the labor justification are perhaps based, unknowingly, on the value-added theory. The movie Cabaret was adapted from the musical Cabaret which was adapted from Isherwood's Berlin Diaries.

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Justification of Intellectual Property

theories of intellectual property rights

First, Himma 2005b argues that it is simply implausible to think of abstract objects as having wants — or even interests. It only inflates the profits of publishers and manufacturers long afterwards. Through the use of sanctions against copying the intellectual efforts of others, we give ourselves compelling reasons to pursue a collectively superior outcome. For most people, raking leaves is relatively unpleasant compared to sitting and watching them fall. Intellectual property systems release the added value of a new idea without requiring the property owner's active and intentional introduction of the idea into commerce.

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Intellectual Property (Stanford Encyclopedia of Philosophy)

theories of intellectual property rights

The original is necessary as a preexisting part of the culture. The loss is speculative and may be reversible. In fact, that is the basis for Benjamin Kaplan's criticism of Continental Casualty v. N65 Jurists have also recognized the enjoyable, personal value of creating intellectual works. . Moving from small communities to larger ones a more general form of agreement between authors, inventors, and society can be considered. Locke condemned waste as an unjustified diminution of the common stock of potential property.

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Classical Justifications for Intellectual Property Rights

theories of intellectual property rights

Compensation is offered only in cases of misappropriation Sellers v. There is an integration of the two -- or perhaps the concept of two separate entities is itself misleading -- but there is no possessory relationship. Finally, even if a defender of this view can justify societal ownership of general pools of knowledge and information, it could be argued that we have already paid for the use of this collective wisdom when we pay for education and the like. There is no need to rely on property holders to actively introduce them into the common. They seem to constitute an 'antiproperty': a sort of intellectual commons. Jones has not added much value or much labor beyond idea X. Some say, even great works of the mind are created without the existence of protection.

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Classical Justifications for Intellectual Property Rights

theories of intellectual property rights

Both will also retain the option of buying or bartering for the non-copied content the other enjoys. Copyright only applies to fixed expressions, not to the ideas that may make up a fixed expression. The concept of desire is such that only conscious beings are capable of having desires; although a conscious being can have subconscious desires, non-sentient entitles are no more accurately characterized as having desires than as having hopes. This theory may be justifiable for corporeal ownership in which its existence may be for indefinite period of time. Given that the utilitarian argument rests on providing incentives, what is needed to critique it are cases that illustrate better ways, or equally good ways, of stimulating production without granting private property rights to authors and inventors.

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The Philosophy of Intellectual Property

theories of intellectual property rights

Although there is no known Roman law protecting intellectual property, Roman jurists did discuss the different ownership interests associated with an intellectual work and how the work was codified—e. It explains that none of these justifications offers a single over-arching theory of intellectual property law. It is a controversial issue. Marconi Wireless -- the holder of Fleming's patent -- confessed judgment as to one of DeForest's patents while DeForest Radio was held to have infringed one of Fleming's patents. What justly can be reduced to property in this primitive state also is limited by Locke's introduction of the non-waste condition. N34 This suggests to me a God who is slightly myopic, less than benevolent, or himself enjoying a practical joke.

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Justification of Intellectual Property

theories of intellectual property rights

Obvious improvements add some value to existing art, but it is only modest value because anyone trained in the art can see the improvement almost as a matter of intuition. Nevertheless, Machlup went on to argue that such considerations do not yield the conclusion that we should abolish patent protection. Furthermore, the lack of use of a patent may create antitrust problems. The instrumental claim has a utilitarian foundation: we want to promote labor because labor promotes the public good. A new device to wash cars may be patentable; a quiche recipe with secret herbs and spices can be privatized as a trade secret; the original mystery story can be transferred from campfire to copyrighted novella. Locke's common had enough goods of similar quality that one person's extraction from it did not prevent the next person from extracting something of the same quality and quantity.

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What are the theories of intellectual property rights?

theories of intellectual property rights

While the theory has produced various elegant propositions on how to conceive of this balance, it has proved to be devilishly difficult to create robust ways to measure inputs, outputs and process. With products such as phone directories or some news stories, execution -- a product of labor -- is all that realistically can be required because there is no original idea. This will suppress innovation and lead to a sub-optimal result. In the case of an innovative suspension bridge, the engineer has an original idea and then spends months doing all the drawings and calculations necessary to produce the finished plans. Physical property can be used at any one time by only one person or one coordinated group of people.

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Labor theory of property

theories of intellectual property rights

For example, if someone misappropriates a trade secret and publishes it on a website, courts may require deletion and payment of fines. My own view is that a labor theory of intellectual property is powerful, but incomplete. One reason for the widespread pirating of intellectual works is that many people think restricting access to these works is unjustified. The expiration of intellectual property rights may help a Lockean scheme of intellectual property overcome one general objection to Locke's theory. As a result, seeking to apply the Lockean approach of property must inevitably end in potentially unmanageable analytical uncertainty. In fact, I see no reason why Wolff would think that this is the case and I think that a social conception of property would have undermined Locke's position. However, it may be disconcerting to those of us who believe that applying the non-waste condition to advanced societies would produce a more moral justification for property.

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