CS Professional · Intellectual Property Rights - Law and Practice · Introduction to Intellectual Property
A Chennai sculptor refuses to let a company alter his statue, saying the work is an extension of his own identity and any distortion injures his honour. He seeks protection even after assigning the economic rights. Which theory best supports his claim, and which Indian concept does it align with?
The personality theory best supports him, since it treats a work as an expression of the creator's identity. In India this matches the author's moral rights of paternity and integrity, which continue even after the economic rights are assigned.
- AUtilitarian theory; compulsory licensing
- BLabour theory; royalty entitlement
- CPersonality theory; author's moral rightsCorrect
- DSocial planning theory; fair dealing
Explanation
The personality theory (Hegel, Kant) views creative works as expressions of the creator's personality, so protecting integrity and attribution is essential. This aligns with author's special (moral) rights under Indian copyright law, which survive assignment of economic rights. Labour theory focuses on reward for effort, not on honour or integrity.
Did you get it right without looking?
One question tells you little. A timed set on Introduction to Intellectual Property shows your real accuracy, how long you take and where you lose marks.
More Introduction to Intellectual Property questions
- A pharmaceutical start-up in Hyderabad justifies the grant of a time-limited patent monopoly on the ground that without exclusivity, rivals …
- Kerala-based Nair Handlooms is unhappy with the Registrar of Trade Marks' order refusing its trade mark application. Under the current India…
- Rohan wants a single international application to seek patent protection in many countries at once, with a common filing date, before enteri…
- Sunrise Foods of Indore owns a trade mark whose registration is valid and renewed. A rival uses a confusingly similar mark on identical good…
- Rohan Pharma Ltd, Hyderabad, files patent applications in India and in several other countries. Its counsel notes that India is a member of …
- Rohan, a software developer in Pune, sells his only laptop containing the source code of his app to Kabir. The sale deed says nothing about …