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Jurisprudential Justification of IPRs
Amol Sapatnekar
Around the middle of the last century (1944), when the Second
World War was coming to an end and Germany was losing,
some economists held a conference in Briton Woods
Hampshire, USA to restore the economic order.
The 8th round continued for seven and half years and it
often appeared that an agreement would not be
reached.
But ultimately a draft was prepared under SecretaryGeneral Arthur Dunkel that came to be known as the
Dunkel Draft. It was debated and most of it was
approved of in December 1993.
Jurisprudential Justification Of
Intellectual Property Rights
Theories Of IPR
Following theories are proposed to justify the
exclusive rights in ideas
Natural Rights Theory
All of the nature is a heritage to be shared equally
by all human beings.
With the associated proposition; that a person who
labour upon resources that are either not owned
or held in common has a natural property right
to the fruits of his efforts and that State has a
duty to respect and enforce that natural right
These ideas / thoughts originating in the writings of
John Locke are widely thought to be especially
applicable to the field of intellectual property.
Theories Of IPR
The
If
Theories Of IPR
The
Locke's
Theories Of IPR
According
to this view, IP
permits to reward the creator
for his work in order to
encourage him in his
innovative work, he will be
more inspired to produce and
more willing to make his work
available to public.
Theories Of IPR
This
Theories Of IPR
Economic
Theories Of IPR
The existence of IPRs encourages; the earnest
of inventors to pursue their creative efforts.
If earnest can obtain the right to prevent
others from copying his inventions, then
he stands a much better chance to reap a
profit.
Hence he will be much more inclined to
make the initial investment in research
and development
Property
rights
are
conferred
on
intangibles to encourage production of
information through economic reward.
Theories Of IPR
Consideration Theory
According to this theory IPRs provide
consideration to creator, author, artist.
A person who creates a work or has a good
idea which he develops has a right based
partly on morality and partly on concept
of reward to control the use and
exploitation of it, and he should be able to
prevent others from taking unfair advantage
from his efforts.
Why should others be able to save
themselves all the time and efforts
required to create or invest in the thing ?
Theories Of IPR
On
Theories Of IPR
Unfair
Competition Theory