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Although the relationship between intellectual property and human rights is complex, [54] 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.
Contemporary arguments have focused on ways that patents can slow innovation by: blocking researchers' and companies' access to basic, enabling technology, and particularly following the explosion of patent filings in the 1990s, through the creation of "patent thickets"; wasting productive time and resources fending off enforcement of low-quality patents that should not have existed ...
Sign which says “Information Wants to be Free”, held at an anti-ACTA protest in Toulouse, France."Information wants to be free" is an expression that means either that all people should be able to access information freely, or that information (formulated as an actor) naturally strives to become as freely available among people as possible.
According to the labor theory, an individual has a right to the product of their labor, whether physical or intellectual. It is based on the John Locke's labor theory of property which says that persons are entitled to the fruits of their own labor, and by extension, intellectual property can be viewed as the fruits of an individual's mental ...
Intellectual property refers to intangible assets such as musical, literary, and artistic works; discoveries and inventions; and words, phrases, symbols, and designs. Common types of intellectual property rights include copyrights, trademarks, patents, industrial design rights, trade dress, and in some jurisdictions, trade secrets.
Supporters of the NAP disagree on whether it should apply to intellectual property rights as well as physical property rights. [22] Some argue that because intellectual concepts are non- rivalrous , intellectual property rights are unnecessary [ 23 ] while others argue that intellectual property rights are as valid and important as physical ones.
There is an argument that copyright is invalid because, unlike physical property, intellectual property is not scarce and is a legal fiction created by the state. The argument claims that, infringing on copyright, unlike theft, does not deprive the victim of the original item. [3] [4]
Arguments and critiques have been focused mostly on the economic consequences of software patents. One aspect of the debate has focused on the proposed European Union directive on the patentability of computer-implemented inventions , also known as the "CII Directive" or the "Software Patent Directive," which was ultimately rejected by the EU ...