Hettinger

Paine

Justification of Intellectual Property

Rights
By Team C

Mitra
Sultan
Samantha
Brad

Introduction

Types of Intellectual Property Rights

Hettingers Views on Current IPR Principles

Paine Criticism on Hettinger

Team Views

Intellectual Property Rights

Copy Rights
Music Books Paintings Movies

Patent Protects
New Machines New Processes

Trade Secret
Formula Practice - Pattern

Are the rules fair?

Hettinger

Paine

Free Flow of Info

Protect and Respect

Hettingers View

Current IPR does not provide the best possible

mechanism for the actual usage and free flow of ideas

Unjustified restriction on access to intellectual works

Argument
1. From Free-Flow Viewpoint

IPR- restricts use of ideas, expression ideas, free flow

2. Market Value:

Portion of contribution to final market value other social factors

3. Deserving:

How to reward labor

External factors

Argument
4. From The Lockean Provisos

No loss to others

Prohibits spoilage

5. From Sovereignty, Security and Privacy

Patent and copy right is not necessary to achieving these goals

6. From Utilitarian Justification

Paradoxical

Balance

Paines Criticism of Hettinger

Paine general approach differs from Hettinger's in two
fundamental ways

It focuses on persons and their relationships rather than

property concepts

It reverses the burden of justification

Principles behind Trade Secret:

The Right to Control Disclosure

Consequences of Disclosure

Problematic Issues

Non-Property Foundations of Trade Secret Law

Reassessing Hettinger

Restrictions on Acquiring Ideas

Competitive Effects

Restrictions on Employee Mobility

Hypothetical Alternative

The Burden of Justification

Team Views

Utilization is the key to

exclusivity.

Unfair restrictions on
employee mobility.

Hettinger fails to
appreciate the various
rationales behind trade
secret laws.

Free flow of information

disincentives the creation of
new ideas.

IPR encourages health and

fair competition.