Law Info Nepal

1.2 Philosophy and Theories of Intellectual Property

यो उत्तर युनिट १ मा छ — पूरै निःशुल्क।

1.2.1 Labour Theory

Locke's labour-desert (by name): the person who mixes labour with the common owns the product — the creator's natural right to the mind's harvest (the author's-and-inventor's sweat); the theory's IP application (the creation's entitlement) and its critics (the labour's measure problem; the public's commons).

1.2.2 Personality Theory

Hegel-and-Kant's lineage (by name): the work as the person's extended personality — the author's will made object; the IP as the personality's protection (hence the moral rights of U5.3.2 — the integrity-and-attribution as the person's dignity); the theory's fit for copyright (the intimate works) and its strain for the industrial-property's commerce.

1.2.3 Utilitarian Theory

The incentives' bargain (the Anglo-American engine): the exclusive right as the limited monopoly to incentivise the creation — and the creation's disclosure-and-diffusion (the patent's publish-to-protect trade); the theory's constitutional faces (the US's "progress clause" by name) and the TRIPS regime's own logic; the balance's art: the monopoly's costs against the innovation's-and-access's gains (the public-domain's defence). The synthesis (the exam's frame): the three theories converge-and-compete — the labour's desert, the person's dignity, the society's incentive — the IP statute as their negotiated settlement.

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