ABSTRACT
This research extends the examination of intellectual property (IP) law by delving into its intricate relationship with branding in the contemporary marketplace. Building on foundational philosophical theories such as John Locke’s Labour Theory, Hegelian Personality Theory, and utilitarianism, the study explores how these theories influence both the legal frameworks and strategic dimensions of branding. Branding is positioned as a vital form of intellectual capital that transcends trademarks and logos, embodying corporate identities and fostering emotional connections with consumers. The research investigates the alignment of IP philosophies with branding objectives, highlighting the role of IP law in protecting and promoting brand identities. Furthermore, the study examines the Economic Theory of IP, emphasizing its impact on innovation and creativity in brand development, alongside the Theory of Social Good, which considers brands’ contributions to societal welfare and cultural richness. The Democratic Theory and Theory of Justice are also explored to understand brand equity and equitable access to cultural symbols. Through real-world case studies, the research demonstrates the practical linkages of IP philosophies on branding strategies, illustrating the balance between creator rights and the public interest, as well as the ethical considerations in brand protection and development. This exploration reveals the dynamic interplay between legal and philosophical frameworks, offering a nuanced understanding of how IP law and branding collectively shape the global marketplace and cultural landscape.
Jankowska, Marlena and Pawełczyk, Mirosław, Intellectual Property Philosophies and Brand Strategies: Converging Theories and Integrative Approaches (January 7, 2025).
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