The Intellectual Property Conundrum: Individual Property Rights v. Cultural Development

2014 ◽  
Author(s):  
Evan Richard Youngstrom
2008 ◽  
Vol 9 (03) ◽  
pp. 491-506 ◽  
Author(s):  
Robin L. Einhorn

The history of slavery cannot be separated from the history of business in the United States, especially in the context of the relationship between public power and individual property rights. This essay suggests that the American devotion to “sacred” property rights stemsmore from the vulnerability of slaveholding elites than to a political heritage of protection for the “common man.”


2010 ◽  
Vol 32 (3) ◽  
pp. 419-431 ◽  
Author(s):  
NEIL B. NIMAN

Henry George, self-taught economist to the common man, developed a strong following outside the halls of academic discourse for his ideas about land, rent, and the single tax. Since he drew the ire of important economists such as John Bates Clark and Alfred Marshall, it should come as no surprise that few professional economists were willing to acknowledge his influence on the economics of the day. Yet, a closer look reveals that at least in the case of Thorstein Veblen, a clear connection can be made between these two important American thinkers. The concept of an unearned increment establishes their shared connection by illustrating the tension that exists between individuals and communities when individual property rights are assigned to community assets.


Author(s):  
Richard D. Brown

What were the meanings of “all men are created equal” for the signers of the Declaration, and how was the phrase understood in different states? The chapter traces the natural rights origins of the Declaration and how the idea of natural equality affected ideas and policy on slavery, race, and religion, especially in Massachusetts and Virginia. Public figures everywhere recognized a conflict between their deep commitment to individual property rights and their assertion of equal human rights. Concern for social stability in a time of revolution influenced ideology and practice.


2017 ◽  
Vol 6 (1) ◽  
Author(s):  
Prasetyo Hadi Purwandoko ◽  
M. Najib Imanullah

<p align="center"><strong>ABSTRACT</strong></p><p>The theory of natural law is usually used as a moral and philosophical foundation in order to protect the individuals property rights of Intellectual Property (IP). Philosophically, the protection of  Intellectual Property Rights (IPR) can not be separated from the dominant thought that emphasizes the doctrine of natural human factors research. This study is legal research by using law and historical approach. The analysis of primary data is qualitatively through internal valuing to obtain a complete understanding (verstehen), while the secondary data such as law material is analyzed using hermeneutics (interpretation), content analysis and deductive method. The result shows that in respect of the development of the theory of natural law, there are four dominant theory of natural law to examine IP namely utilitarian theory, labor theory, personality theory, and social-planning theories. Moral doctrine which is based on natural law was adopted by the IPR regime to protect the individual owners of IPRs in order to that rights  would not be violated by others. The natural law theory (the natural right) is still relevant to be used as a moral and philosophical foundation for the protection of IPR, as an individual property rights.</p><p><strong>Keywords</strong>: Intellectual Property, Intellectual Property Rights, traditional cultural expression, Protection</p>


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