Private Law Theory

ABSTRACT
The protection of intellectual property rights has remained an important subject of legal and philosophical debate because of the need to determine whether creators should enjoy exclusive rights over the products of their intellectual effort. This seminar examined the philosophical basis for intellectual property rights protection by considering the major theories commonly advanced to justify legal protection of intellectual creations. The seminar discusses the labour theory of John Locke, which views intellectual property as a reward for human effort; the utilitarian and economic theories associated with Jeremy Bentham, which justify protection as an incentive for innovation and societal progress; and the personality theory of Georg Wilhelm Friedrich Hegel, which treats intellectual creations as extensions of human personality. The seminar also examined social planning and public interest theories that emphasize the need for intellectual property protection to ultimately benefit society. The seminar further evaluated the limits of these philosophical justifications, particularly in relation to monopoly concerns, access to knowledge, digital copying, artificial intelligence and contemporary technological developments. Attention is also given to the relevance of these theories in modern intellectual property law, especially within the Nigerian context where issues of piracy, innovation, research commercialization and weak enforcement remain significant concerns. The seminar argued that no single philosophical theory sufficiently justifies intellectual property rights protection. It concluded that a balanced approach combining reward for labour, encouragement of innovation, protection of creative personality and societal welfare provides the most suitable basis for intellectual property protection in contemporary society, particularly in developing countries such as Nigeria.

Elias-Jimoh, Joy, A Discuss of the Philosophical Basis for Intellectual Property Right (May 1, 2026).