SOCIAL CULTURE

According to A.D.Moore(1999), When granting an author or inventor limited right

over what she or he produces maximizes net utility for everyone affected by the
act, then intellectual property right have have justified on act utilitarian ground,
where act utilitarian can be define as is a theory which holds that an individual
act is morally right if and only id it produces at least as much utility as an
alternative action when the utility of all is counted equally. besides that,
according to,

where tell about Utilitarian theory said that, its endorsed the

creation of intellectual property right as an appropriate means to foster

innovation, subject to the caveat that such rights are limited in during so as to
balance the social welfare loss of monopoly exploitation.
Increasing

important

of

intellectual

property

in

society

and

the

development of particular new technologies, most notably digital technology and

decoding of genetic, structure the theory of intellectual property has attracted
heightened interest. With the reference to the social value of utilitarian works,
they mostly resolve around their capability in task performing. For instance, the
usage of a better mousetrap or effectively satisfy desires or at lower costs. The
society, through their sound mind, usually would protect such works with the
effects from the government. Besides that, inventions such as new processes,
machines, manufacturers, or compositions of matter. On the contrary, artistic or
literary expressions are mostly not connecting the creators personal interests.
the utilitarian framework has been particularly central to development of
copy right in the united states the congressional committee reporting on 1909
copyright stated the enactment of copyright legislation by congress under the
terms of the constitution is not based upon any natural right that the author has
in writing but upon the ground that the welfare of the public be served by
securing to author limited periods the exclusive rights to their(P.S.Menell, 1999).
As we can see an increasing in giving the intellectual property right has
given some benefit where its development have has expand the invention into
no limit, this situation giving social benefit to the public due to the quality that
they got from the invention are increase they standard of living beside that by
the protection of the intellectual property its increase the investment from the
outside. This situation can be support by K.Duoba and V.Kumpikaite (2011),

where its stated that, country social progress and awareness and respect of
personal rights of intellectual property allow increasing investment in the area

Human right in Intellectual Property

While

according

to

committee

on

economic

social

and

culture

rights(2001), stated that, to be consistent with obligation to respect human

rights, intellectual property regimes must promote and protect all human right,
including the full range of rights guaranteed in covenant, because human person
is the central subject and primary beneficiary of human right , thus the entire
rage of civil, culture economic political and social rights as well as the right to
development should relevant to intellectual property systems.
While intellectual property right may be allocated, limited in time and
scope, traded, amended and even forfeited, human rights may are timeless
expressions of fundamental entitlement of the human person. This means every
product that covers by intellectual property has expired that where after the
expired that, the product are in available to public. In addition human rights are
dedicated to assuring satisfactory standards of human welfare and well-being
intellectual property regimes, although they traditionally provide protection to
individual author and creator are increasingly focuses on protection business and
corporate interests and investment.
In addition statement by the committee on Economic Social and Cultural
rights(2001), human rights are based on the equality of all persons and their
equal standing before the law, this mean some product can be patent due to the
product can giving benefit to people overall that can increase the standard of
living the product such as medicine, and other medical matter, thus for this
reason human rights instrument has protect people from discrimination of
intellectual property

K.Duaba and V.Kumpikaite(2011), Value of intellectual property protection for

society,
International Conference on Innovation, Management and Service IPEDR
vol.14(2011) (2011) IACSIT Press, Singapore
A.D.Moore(N.D) Intellectual Property, Innovation, And Social Progress: The Case
Against
Incentive Based Argument, Hamline Law Review, Vol 26:3
P.S.Mell(1999),

INTELLECTUAL

PROPERTY:

GENERALTHEORIES,

University

of

California at
berkeley

Economic and Social Council (2001), Substantive Issues Arising In The

Implementation Of
The International Covenant On Economic, Social And Cultural Rights:
Statement by the Committee on Economic Social and Cultural Rights