Abstract

<p align="center"><strong>ABSTRACT</strong></p><p>The theory of natural law is usually used as a moral and philosophical foundation in order to protect the individuals property rights of Intellectual Property (IP). Philosophically, the protection of Intellectual Property Rights (IPR) can not be separated from the dominant thought that emphasizes the doctrine of natural human factors research. This study is legal research by using law and historical approach. The analysis of primary data is qualitatively through internal valuing to obtain a complete understanding (verstehen), while the secondary data such as law material is analyzed using hermeneutics (interpretation), content analysis and deductive method. The result shows that in respect of the development of the theory of natural law, there are four dominant theory of natural law to examine IP namely utilitarian theory, labor theory, personality theory, and social-planning theories. Moral doctrine which is based on natural law was adopted by the IPR regime to protect the individual owners of IPRs in order to that rights would not be violated by others. The natural law theory (the natural right) is still relevant to be used as a moral and philosophical foundation for the protection of IPR, as an individual property rights.</p><p><strong>Keywords</strong>: Intellectual Property, Intellectual Property Rights, traditional cultural expression, Protection</p>

Highlights

  • In modern times it can be understood that economic globalization and free trade have affected very large changes to the legal field

  • Economic globalization are increasingly being developed based on the principle of trade liberalization or free trade which others who have had an impact on the laws of each country involved in economic globalization and free trade

  • Based on the brief elaboration in above introduction, the issues discussed in this paper is whether the theory of natural law is still relevant to be used as the basis of legal protection of Intellectual Property ?

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Summary

INTRODUCTION

In modern times it can be understood that economic globalization and free trade have affected very large changes to the legal field. Countries in the world are involved with economic globalization and free trade, both developed and developing even the least developed countries should standardize the laws in their economic activities. Economic globalization are increasingly being developed based on the principle of trade liberalization or free trade which others who have had an impact on the laws of each country involved in economic globalization and free trade. One of the economic globalization that affects the legal system and the economy is Intellectual Property Rights (IPR). This is a trend which is used by the public to bind and to protect the rights of intellectual. Technological innovation can bring prosperity to people's lives, and encourage the growth of technology development community

RESEARCH METHODS
Terminology of Intellectual Property Rights
Natural Law Theory and IP Protection
CLOSING
Full Text
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