HomeHistory & Justifications of IPR

INTRODUCTION

Intellectual property is referred to any form of work or an invention that is created by a person as the result of their creativity, such a person enjoys the rights over their creation in the forms of copyrights, trademarks, or patents.[1]Protection under IPR is of several types namely, Trademarks, Copyrights, Patents, Trade secrets, etc. The WIPO Convention of 1967 includes literary, artistic, and scientific works, phonograms, performances of performing artists and broadcasts, or different inventions, scientific discoveries, industrial designs, trademarks, service marks, and commercial names and designations.[2] The right to intellectual property is enforceable as an absolute right.[3]

HISTORY AND JUSTIFICATIONS OF IPR

The earliest forms of IPR like copyrights and patents came into existence in the nineteenth century. The first patent law act was the United States Patent Act of 1836

Intellectual property(IP) rights law aims to protect the creator and their work and it helps ensure that the creator enjoys the benefits that arise out of the work, hence encouraging creative ideas and works. According to the Lockean Justification, an individual should be entitled to enjoy the benefit of the work produced by him[4] and should have full access and control over the same work furthermore a work or object created by a person’s labor or creativity becomes that individual’s property hence the rights are generated with respect to the ownership of the work. 

According to the Hegelian Justification, a creator has moral rights on their creativity, talent, experiences and so has control over the physical or creative entity produced by them. The Utilitarian Incentives-Based Justification says that it’s necessary to grant rights to the creators to promote the work they own. 

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