Summary of IPR Theories

Introduction

• Today we will learn about various theories of IPR (Intellectual Property Rights).
• This topic is important for UGC NET, especially from an MCQ perspective.

Theories

1. Natural Rights Theory

• According to John Locke:
  • The right to property is more important than the right to life.
  • If a person generates something through their labor, they have a right to it.
• The product of intellectual labor is also considered akin to property.
• Stealing intellectual labor is akin to theft.

2. Labour Theory

• Problem:
  • If someone improves an already invented product, should they get credit for the whole product?
• Criticism: Credit should be given for improvements, but the original invention should also be acknowledged.

3. Social Planning Theory

• This theory presents a broader view than the Incentive Theory.
• It provides an expansive perspective on serving society through intellectual property, beyond social welfare.

4. Ethics and Reward Theory

• This theory reflects intellectual property rights with ethical and moral aspects.
• It questions whether giving an inventor extended rights for 20 years is excessive.

5. Personhood Theory

• Hegel is a major supporter of this theory.
• This theory connects intellectual rights to an individual's development.
  • If someone imitates another's intellectual property, they are stealing that person's spirit.
• Criticism: Society's evaluation should also be considered.

Conclusion

• These five theories help in understanding intellectual property rights.
• It is not necessary to study these theories in depth; understanding the main points is essential.

Thank you!