Intellectual Property - Rights or Privileges?

Journal of World Intellectual Property, Vol. 8, No. 4, pp. 445-58, 2005

13 Pages Posted: 3 Nov 2009 Last revised: 7 Oct 2013

Date Written: September 2, 2005

Abstract

The article argues that it is more correct to understand exclusive rights over one's intellectual property more as privileges than as rights. The revokability, limited duration, and the possibility for transfer based on payments apply in particular to industrial property rights. These characteristics do no apply to copyrights and related rights in the same manner, as the rights of the authors regulate what can be termed 'expressions of the self,' must be understood to be less instrumental. In particular the French Patent legislation of 1791, which applied the term 'rights' in contrast to the despised term 'privileges' belonging to the 'Ancien Régime,' is a breakthrough in the application of the term 'right' rather than 'privilege.' Therefore, it is not likely that there will be a return to the use of the term 'privilege.' However, when the term 'right' is applied in the context of intellectual property, it is crucial that this concept is not mixed with the term 'human rights.'

Keywords: human rights, intellectual property, privilege, copyrights

JEL Classification: K33

Suggested Citation

Haugen, Hans Morten, Intellectual Property - Rights or Privileges? (September 2, 2005). Journal of World Intellectual Property, Vol. 8, No. 4, pp. 445-58, 2005 , Available at SSRN: https://ssrn.com/abstract=1498523

Hans Morten Haugen (Contact Author)

VID Specialized University ( email )

P.O.Box 184 Vindern
Oslo, 0319
Norway
+4722451797 (Phone)
+4722451950 (Fax)

HOME PAGE: http://www.vid.no

Do you have negative results from your research you’d like to share?

Paper statistics

Downloads
107
Abstract Views
790
Rank
457,076
PlumX Metrics