Document Type
Note
Abstract
The purpose of this Article is to facilitate an understanding of the nature of Intellectual Property Rights (IPRs) through an analysis of different ideas of property rights, as enshrined and elaborated by law and political literature.
In the second part of the Article, peculiarities of IPRs and their main differences from property rights are sketched out. Furthermore, a methodological approach is briefly drawn. The third part takes into account the rationale and the purposes of property rights according to the main philosophical and political mainstreams in the United States in the twentieth century. The fourth, and last part, is devoted to the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs), in the light of the previously analyzed theories, and draws a brief conclusion.
It is suggested that the particular relationship existing between two different conceptions of property rights may also be found in the framework of IPRs. It is also argued that this kind of relationship may shed light on the actual shape of IPRs and promote a proper construction of them.
Recommended Citation
Vincenzo Vinciguerra,
The Dialectic Relationship Between Different Concepts of Property Rights and Its Significance on Intellectual Property Rights,
10 J. Tech. L. & Pol'y
(2005).
Available at: https://scholarship.law.ufl.edu/jtlp/vol10/iss1/5