Theories of intellectual property

Property was said to be classified as movable or immovable during the ancient era. But with the impact of the industrial revolution and rapid changes in science, technology, and culture, a new term of definition of property came into existence called ‘Intellectual Property’. New rights and properties like patents, copyrights, and designs are exclusively under the classification of Intellectual Property, which grabbed the attention of the people due to its unique characteristics. Intellectual Property refers to the creation of minds, innovations, inventions like literary and artistic works and designing work of symbols, images and names that can be used in the field of commerce. Table of Contents • • • • • • • • • • • • • • NATURE OF IPR Intellectual Property deliberates a broader sense of definition of the legal property which is a result of the industrial activities, scientific acts and artistic works. Countries have laws to protect intellectual property for two main reasons. One is to give statutory expression to the moral and economic rights of the creators to their creations and inventions and such rights of the public in access to those creations. The second is to promote, as a deliberate act of government policy, creativity and dissemination and application of its results and to encourage fair trading which would contribute to economic and social development. The expression ‘industrial property’ covers inventions and industrial designs. Simply stated, inventions are ...

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Theories of Intellectual Property Theories of Intellectual Property William Fisher * Draft of 11/30/98 The term "intellectual property" refers to a loose cluster of legal doctrines that regulate the uses of different sorts of information. The law of copyright protects "original forms of expression" -- novels, movies, musical compositions, computer software, etc. Patent law protects inventions -- machines, processes, (also) computer software, etc. Trademark law protects words and symbols that identify for consumers specific goods and services -- brands of cereal, clothing, automobiles, etc. Trade-secret law protects information that companies have tried but failed to conceal from their competitors -- soft-drink formulas, confidential marketing strategies, etc. The "right of publicity" protects celebrities’ interests in their images and identities. The economic and cultural importance of this collection of rules is increasing rapidly. The fortunes of many businesses now depend heavily on intellectual-property rights. A growing percentage of the legal profession specializes in intellectual-property disputes. And lawmakers throughout the world are busily revising their intellectual-property laws. Partly as a result, scholarly interest in the field has risen dramatically in recent years. In law reviews and in economics and philosophy journals, articles deploying "theories" of intellectual property have proliferated. This essay canvasses those theories, evaluates them, and consi...

The authors • Chelsea Bodimeade is a recent 2022 graduate in a Bachelor of Laws (Honours) and Creative Industries from the Queensland University of Technology. Chelsea has worked as a research assistant on projects that consider climate change, world trade and IP. Dr Felicity Deane is an associate professor at the Queensland University of Technology. Felicity has published extensively in areas where economics and the law intersect. Abstract • IP rules have been closely considered by the international community over the last 2 years. This attention was brought about by the Coronavirus pandemic and concerns access to vaccines and other medicines. However, despite this international debate, critical questions remain outstanding. What is the underpinning purpose of IP rights and for whose benefit should they be enforced? This article poses this question. • The evolution of IP jurisprudence demonstrates that the most appropriate theory to best guide legal protection of IP is the one balanced with universal human rights codified under international instruments such as treaties (the instrumentalist theory). However, analysis of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement reveals that it is not informed by or currently operates in a manner consistent with instrumentalism. This article therefore examines fundamental provisions of the TRIPS Agreement and recommends textual amendments to bring it in accordance with contemporary instrumenta...