Theories of Grant for Intellectual Property Rights

  • Dr Virendra Gomase,
  • Divyanshu Priyadarshi and Padmaja Kathikar
  • Show Author Details
  • Dr Virendra Gomase

    Department of Law and Governance, Vishwakarma University, Pune, India

  • Divyanshu Priyadarshi

    Department of Law and Governance, Vishwakarma University, Pune, India

  • Padmaja Kathikar

    Department of Law and Governance, Vishwakarma University, Pune, India

  • img Download Full Paper


Recent empirical studies and polls appear to have considerably reduced long-standing worries about the degree to which the patent system might be used to impede or slow access to research and innovation. IPRs' contributions to promoting research and innovation are, however, only indirectly supported by a relative dearth of data and direct proof. Intellectual property protection is presently in flux and living things used to be largely excluded from protection, but views are changing, and more and more getting some sort of protection. A wide range of intangible assets, including intellectual property, are entitled to protection with the idea that some works of human intelligence should enjoy the same legal safeguards as tangible or physical property. The word "intellectual property rights" refers to the general term for the assignment of property rights through patents, copyrights, trademarks, etc. Intellectual property rights are justified by the utilitarian theory on the grounds that it optimises societal benefits. Offering patent and copyright protection is viewed as a motivator that encourages disclosure by writers, artists, and inventors. Without such safeguards, creators and inventors would have to live in constant dread that society's members would steal their ideas and copy them without their permission. According to Locke's labour theory, which is an extension of the natural rights theory, property rights in intangible objects can be justified on the grounds that a person put forth labour to create the nebulous object. According to Hegel's personality theory, intangible concepts and expressions should be protected as property because they are an extension of the personality of the inventor or creator. Intellectual property is essential to the advancement of humanity from all the previously mentioned points. We can use intellectual property for a broad variety of purposes and it greatly benefits us in many different industries. In addition to fostering growth, intellectual property aids in the future developments in bioengineering will undoubtedly bring about a great deal more benefits for us, making it easier for us to live and survive.


Research Paper


International Journal of Law Management and Humanities, Volume 6, Issue 3, Page 1046 - 1059


Creative Commons

This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (, which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.


Copyright © IJLMH 2021