Tiêu đề IP and creative economy with Originality - Copy.pptx ✅

IP AND CREATIVE ECONOMY Dr Sujitha Subramanian #
Some justifications for protecting intellectual property Unjust Enrichment Natural Rights (Locke) John Locke’s Two Treatises of Government (1690): Locke states “God, who hath given the world to man in common, hath also given them reason to make use of it to the best advantage of life and convenience. .. As much land as a man tills, plants, improves, cultivates, and can use the product of, so much is his property. He by his labour does, as it were, enclose it from the common.” Personality Rights/Theory (Hegel & Kant) Hegel states that “mental aptitudes, erudition, artistic skill, even things ecclesiastical (like sermons, masses, prayers, consecration of votive objects), inventions, and so forth, become subjects of a contract, brought on to a parity, through being bought and sold, with things, recognised as things. .. We may hesitate to call such abilities, attainments, aptitudes as things…” because while the possession of it may be subject to contracts, there is also something inward or mental about it. “IP provides a way out of this problem, by materialising this personal trait” Utilitarian (Bentham) Human Rights Economic theories #
Question to consider: How do you balance public and private interests??? #
Mapping copyright protection Statute of Anne, Copyright Act of 1710 – first piece of copyright legislation; Copyright, Designs and Patents Act (CDPA) 1988 (Copyright and Related Rights Regulations 1996; Copyright and Rights in Databases Regulation 1997; Electronic Commerce (EC Directive) Regulations 2002; Recent reforms in the UK – Intellectual Property Act, 2014 and Digital Economy Act 2017) Heavy European Influence on UK IP law (Harmonising Directives – for example, Information Society Directive, Enforcement Directive, Database Directive, Term Directive, Software Directive)– but now Brexit and implications International influence: Berne Convention for the Protection of Literary and Artistic Works (1886) {World Intellectual Property Organisation}; the Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations (1961); World Trade Organisation’s Trade-Related Aspects of Intellectual Property Rights (TRIPS) (1995); the World Intellectual Property Organisation Copyright Treaty (1996); the WIPO Performances and Phonogram Treaty (1996); the Beijing Treaty on Audio-visual Performances (2012), and the Marrakesh Treaty for the Visually Impaired (2013) and so on