From Locke’s theory of property to intellectual property rights : how relevant is the Lockean theory in the world of patents?

Abstract

This paper seeks to primarily examine the extent of how John Locke’s classical theory of property relates to the contemporary legal world of patents. In the first chapter, Locke’s theory of property will be explored and dealt with in detail. In order to fully grasp and comprehend his theory it is vital to appreciate the atmosphere and context in which John Locke lived; and which consequently resulted in his perception of property and ultimately the foundation of his philosophy. Thus, this chapter will consider a historical background of John Locke as it relates to the development of his political thought, which will be followed by a thorough explanation of his mixing-labour theory. After having grasped his theory of property and understood its origins, in the second chapter the primary focus will be to extrapolate the Lockean theory of property to the field of patents. In doing so, apart from examining the nature of patents, an epistemological exploration of the justifiability of the Lockean theory will be undertaken to discover whether Locke’s theory is still relevant in respect of patents. Upon such an analysis, it will be shown that Locke’s theory is impressively accurate and very much relevant in this sphere. Additionally, given the lack of patent influence (compared to other jurisdictions) in Maltese law, an analysis of the U.S. and the U.K. patent legal systems will also be carried out as a secondary focus in order to exemplify how and in what ways these jurisdictions reflect the spirit of the Lockean theory. After having made this analysis, a conclusion on the position with regard to Maltese law will also be suggested.