All Exams Test series for 1 year @ ₹349 only
Question

"If one's artistic expressions are synonymous with one's personality, then they are deserving of protection just as much as the physical person. "

The above observation is true about which theory of intellectual property?

The correct answer is
Personality theory

Intellectual Property Protection: Personality Theory

The question links artistic expression directly to an individual's personality, suggesting that if the expression is an extension of the self, it warrants protection akin to the physical person. This aligns perfectly with the core tenets of the **Personality Theory** of intellectual property.

Understanding Personality Theory

  • Core Idea: This theory posits that individuals have a natural right to the things that are a direct product of their personality and self-expression. Intellectual property, like art or inventions, is seen as an extension of the creator's personality.
  • Connection to Quote: The quote explicitly states, "If one's artistic expressions are synonymous with one's personality..." This emphasizes the direct link between the creation (artistic expression) and the creator's identity (personality).
  • Justification for Protection: Because the work embodies the creator's personality, violating the creator's rights to that work is seen as violating the person themselves. Protection is therefore justified as a means of protecting the individual's personality.

Why Other Theories Don't Fit

  • Moral Desert Theory: Focuses on the merit or labor invested, not necessarily the intrinsic link between the work and personality.
  • Utilitarian Theory: Prioritizes the greatest good for the greatest number, which might justify IP protection but doesn't center on the personality aspect described.
  • Libertarian Theory: Emphasizes labor mixing and non-interference, which is related but doesn't specifically highlight the "synonymous with personality" aspect.

Therefore, the observation most accurately reflects the **Personality Theory**.

Was this answer helpful?

Important Questions from Intellectual Property Rights (IPRs)

  1. Intellectual Property Rights (IPRs) protect the use of information and ideas that are of

  2. Choose the correct code for the following statements being correct or incorrect.

    Statement I : Intellectual Property (IP) is a category of property that includes intangible creations of the human intellect.

    Statement II : IPR does not include trade secrets and moral rights. 

  3. Which among the following is not a correct statement regarding patent ?

  4. Which one of the followings is not included in the term "Work" under copyright Act 1957?

  5. Arrange the following procedure for the grant of patent in a proper sequence:

    (A) The true and first owner shall apply in form I and legal representative of true owner shall apply in form II

    (B) A complete specification shall be filled with a fee of Rs. 50/- within 12 months from the date of filing of application

    (C) The first inventor of the work who claims to be true and first owner or his legal representative

    (D) For each invention separate application for a patent shall be made

    Choose the correct answer from the options given below:

Need Expert Advice?

Start Your Preparation with Prepp Mobile App

Download the app from Google Play & App Store
Download the app from Google Play & App Store
Prepp Mobile App