Question
Which theory of Intellectual Property Rights argues that
creators have a natural right over their intellectual creations because they have invested their labour and intellect, and is rooted in the philosophy of John Locke?Solution
The Natural Rights / Labour Theory of IPR is rooted in the political philosophy of John Locke, who argued that a person has a natural right to the fruits of their labour. Applied to IPR, this means that since an inventor, author, or creator expends intellectual labour and effort in creating something, they acquire a natural moral right to own and control that creation. Locke's theory is subject to one important caveat the Lockean Proviso which limits property rights to situations where enough resources remain for others; in IPR terms, this is reflected through the idea-expression dichotomy in copyright (only expression is protected, not ideas) and the public domain in patent law. In contrast, the Utilitarian Theory (Bentham) justifies IPR instrumentally as a means to maximise social welfare by encouraging innovation through temporary monopoly rights. The Personality Theory (Hegel) treats IP as an extension of the creator's identity, forming the philosophical basis for moral rights under copyright law.
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