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that the people have natural rights to enjoy the fruits of their labour by creating something from raw material. It is suggested that Locke actually assented to such a personality theory into his labour theory. If so, the difference between these two theories may be minimal. Reward arguments consider copyright as a legal expression of gratitude to an author who has invested labour, skill and judgment in creating a work and given the work to public. Utilitarian theories which are based on an idea of public interest justify the copyright law from its functions in stimulating the production and public dissemination of intellectual works, rectifying market failure, preventing free riding and generating market efficiency.

 

The natural rights arguments, reward arguments and incentive-based arguments for patents are similar to those for copyright. In addition, the utilitarian justifications are reinforced by exchange-for-secrets justifications which argue that the public interest lies in the information function of patent system: protection is given for information.

 

Natural arguments for trade marks do not apply as successfully as those for copyright and patents because it is hard to justify trade marks or goodwill which results from combination efforts of the trade marks proprietors, the customers and the public as creations. The reward arguments for patents are similar to those for copyright and patents. The public justifications for trade marks differ from the pervious two categories because trade marks function as a legal device for creating a competitive economy, enhancing the market efficiency, promoting fair competition and preventing unjust enrichment rather than a stimulus for the production of commodities.本论文由英语论文网提供整理，提供论文代写，英语论文代写，代写论文，代写英语论文，代写留学生论文，代写英文论文，留学生论文代写相关核心关键词搜索。