Theories and case studies on copyright issues in a Digital environment, Logo infringement and Patents
Summary :
Table of Contents
- Introduction
- Locke's Theory: Labor Justification of Property
- Hegel's Theory : Personality Justification of Property
- What is logo infringement
- What is copyright infringement
- Conclusion
Abstract
Locke propounded the theory that protection of property is to justify it as a reward for the labor put in to create / generate it by the creator. Locke started his theory with the presumption that 'every man has a property in his own person'. Locke claims that an individual's labor belongs to that individual Thus the origin of property is stated by him as "Whatsoever then he removes out of the State that Nature hath provided, and left it in, he hath mixed his labor with, and joined to it something that is his own, and thereby makes his property". He propounded that goods were converted from 'commons' after people exerted labor. Thus, in the case of intellectual property, he state that ideas were taken from a common pool and was the result of mental and/or physical exertion. Under Locke's theory, labor adds value to goods. Labor is considered as an unpleasant activity for which people should be rewarded or should be motivated to perform by securing benefits in return. This is also called the 'labor avoidance' theory.
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