\(
\def\WIPO{World Intellectual Property Organisation}
\)
Details
Title
Justifications for Copyright and Patents Protection
Author
Onyeagbako, Victoria
Item Type
Journal article
Description
17 pages
Summary
The various fields of intellectual property law (IPL) have massively developed or expanded and have attracted global attention. The development of commercial aspects of intellectual properties and consequent high rate of infringement led to the clamour for protection and recognition of intellectual creations as property rights. There are numerous theories justifying the protection of intellectual property rights (IPRs) and monopoly accruing to right- holders by virtue of IP protection. Consequently, some of these schools of thought have been largely criticised in that the protection afforded to IPRs arguably occasion more harm than good by stifling the growth of prevalent national and international trade relations, through the grant of monopolies to right- holders. Various theories have been propounded in justifying copyright and patents protection. This article critically analyses four major theories of justification; prevention of deceitful and fraudulent practices, moral/ natural right, incentive/ reward and human rights theories. The various justificatory strands of these theories are discussed in identifying the strengths and weaknesses of each theory. This article suggests that there is not one all- encompassing theory of justification for the protection of copyright and patents. It establishes that these theories are neatly intertwined in substance. Notwithstanding varying rationales behind every theory, the importance of intellectual property protection afforded right- holders remains constant.
Supplement Note
Published in : AIPLA Quarterly Journal
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Published
Owerri, Nigeria : My Intellectual Property Law Guide, 2020.
Language
English
Record Appears in
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