Jurisprudential Theories on IPR

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According to Article 27 of the Universal Declaration of Human Rights, "everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author".[32] Although the relationship between intellectual property and human rights is a complex one,[33] there are moral arguments for intellectual property. The arguments that justify intellectual property fall into three major categories. Personality theorists believe intellectual property is an extension of an individual. Utilitarians believe that intellectual property stimulates social progress and pushes people to further innovation. Lockeans argue that intellectual property is justified based on…show more content…
Hegel's remarks on intellectual property were printed as part of his 'Elements of the Philosophy of Rights', a book that was based on the lectures he gave at the University of Berlin between 1818 and 1831. The document presented in our digital archive is a private copy of the first print edition of 1821 that was annotated by Hegel himself for use in subsequent lectures. In Hegel's view, property is something that enables the exercise of subjective freedom rather than a consequence of civil liberties. Thus, literary property is also a manifestation of a person's free will. Hegel's concept of individual, personal rights as a basis of copyright was influenced by Kant and Fichte and had some bearing on the later theories of Gareis, Gierke and Bluntschli, even if Hegel's legal theory was not referred to generally by German jurists in the second half of the nineteenth century. There are 3 golden rules and passes when it comes to intellectual property and how important it is. Intellectual property is an extension of individual property. As humans, we tend to be in favor of things that will benefit us, obviously. On the other hand, I also believe that promoting the creation and dissemination of intellectual works produces an optimal amount of social progress. Personality theorists maintain that intellectual property is an extension of individual personality.

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