INTELLECTUAL PROPERTY AS PROPERTY-
JUSTIFICATION BASED ON THEORY
PROPOUNDED BY MARX
SUBMITTED BY
NAVYA LAL B
LLM IPR TWO YEAR
TABLE OF CONTENTS
1. INTRODUCTION……………………………………………………….1-2
1.1 KARL MARX………………………………………..…………….2
1.2 INTELLECTUAL PROPERTY…………………….……………...2
2. PRIVATE PROPERTY IN MARXIAN PERSPECTIVE…….………….2-4
2.1 DIVISION OF CLASS……………………….…………………….2
2.2 MARX’S VIEW ON PRIVATE PROPERTY……………………3-4
2.3 INTELLECTUAL PROPERTY AS PRIVATE PROPERTY………4
3. THEORY OF ALIENATION………………………………………………5
3.1 ALIENATION FROM PRODUCT………………………………...6
3.2 ALIENATION FROM PRODUCTION……………………………6
3.3 ALIENATION FROM HIMSELF (SELF ALIENATION).........6-7
3.4 ALIENATION FROM OTHER WORKERS………………………7
4. MARXIAN THEORY IN IP CONTEXT………………………………..7-8
5. CONCLUSION…………………………………………………………….8
6. REFERENCE……………………………………………………………9-10
1
1. INTRODUCTION
The philosophical aspect of Intellectual Property explains about the historical and various
principles that formed the current legal framework of IP. Many Philosophers have always talked
about what constitutes property and how it is related to human rights. It is important to
understand that property has always been connected to the rights of a man. Many have
considered that the right to property is an absolute restriction on all other rights of man.
To prove this Karl Marx and his ideology on property is the accurate example. The industrial
revolution and the change in societal structure caused by it contributed majorly to the writing of
Marx. Unlike Hegel or Locke, Marx’s writings are against private property. His principle always
focused on how the state should work in order to protect the society and make a welfare state
where the distribution of wealth is not confined to few. He pointed out that property rights
restrict man from enjoying their rights and causing misery to the working class of the society.
His philosophical aspect of intellectual property is not directly mentioned in his works. But his
explanation on property and how it is the core cause to many inequalities o faced by the working
class can be also applied to understand intellectual property in the philosophical manner. His
theory on alienation and its effect on the working class can be applied in IP legal framework and
understand how certain provision of IP can restrict from full enjoyment.
1.1 KARL MARX (1818-1883)
Karl Marx was a German philosopher, sociologist, economist and socialist, who profoundly
influenced political theories and ideologies. He often through his works voiced against private
property and capitalism. He was against the class division that was based on economic status.
His political theories were about capitalism and social changes as the consequence of it. His
influence on International socialism is also notable.
In his works, “Economic and Philosophic Manuscripts of 1844”, “Theories of Surplus Value”,
“The German Ideology”, “Das Kapital”, reflected his idea on property and how the right to
property can render all other rights of man and causes social and economic change.
2
1.2 INTELLECTUAL PROPERTY
Intellectual property refers to creation of the mind, such as invention, literary and artistic
works,designs and symbols, names and images used in commerce. It is a category of property
that includes intangible creations of the human intellect.
Intellectual property law is designed to protect creation of such work by giving the original
author or owner some exclusive rights, promoting innovative ideas.
2. PRIVATE PROPERTY IN MARXIAN PERSPECTIVE
Marx mentioned the concept of private property in his works such as “The Communist
Manifesto”, “ Economic and Philosophical Manuscripts of 1844”, “Das Kapital”, “The German
Ideology”.
In the section titled “Private Property and Communism” in the “ Economic and Philosophical
Manuscripts of 1844”, Marx describes the concept of private property in relation to those who
hold property and those who don't. His definition of private property is connected to the means
of production. That is, the idea of private property is connected to the system of production and
ownership over the result.
2.1 DIVISION OF CLASS
Marx pointed out that there are two sets of social classes that are the result of historical changes.
Here the historical changes mentioned means industrial revolution. According to his the two
classes were as follow;
a) Bourgeoisie- by the term bourgeoisie he meant the class of modern capitalists, owners of
the means of social production and employers of wage-labour. They cannot exist without
constantly revolutionising the instruments of production, and thereby the relations of
production and with them the whole relations of society.
b) Proletarians- by this term he meant the class of modern wage labourers who, having no
means of production of their own, are reduced to selling their labour power in order to
live. 1
1
Marx, Karl, and Friedrich Engels. Manifesto of the Communist Party. C.H. Kerr, 1906.
3
2.2 MARX’S VIEW ON PRIVATE PROPERTY
In Marx’s conception of history, property can be defined only in relation to production. Here
production means the appropriation of nature on the part of an individual within and through a
specific form of society. Because of its central importance, the definitional process must begin
within the framework of activity wherein man actively produces and reproduces the conditions
of his own existence. For Marx property is the realisation of production, of man’s labour.2
Marx’s philosophy always was against private property. He claimed private property as the
barrier to the rights of the common. His works reflect various interpretations. He considered
private property to be the reason for all the inequalities that existed in the society. For him it was
the core reason for the class division and exploitation faced by the working class.
According to Marx, private property can only be defined in the context of production. He
considered the end product of a production to be constituted as private property. In other words,
the means of production is private property to Marx. In his work section titled “Private Property
and Labour”3 Marx says that the subjective essence of private property is labour. This essence is
tied to the individual. Private property forms when labour power is applied. Here the proletariat
transform his labour power into a product that he doesn’t own or gain any benefit.
Labour is essential in a capitalist world. The modern capitalist needs the labour power of others
to create capital for them. They are not the one that transforms their labour into commodities but
the workers. Here, workers have to sell their labour power to the modern capitalist in order to
survive. He points out that this situation causes conflict between the two classes. For Marx
labour and capital are connected. Without labour capital cannot be generated. The distribution of
such capital is done in a very unfair way, causing difficulties to the labourers.
Marx quotes “ labourers become cheaper commodity the more he produces”4, which indicate the
unfair economic life of a worker who has to work in order to survive. The more labour power he
puts, the more he gets exploited by the capitalist. Here they don't own the product they create.
But the economic inequality made them sell their labour power to survive. Their life depends on
the wages that are given by the capitalist so the workers are in a cycle in which he actively
produces and reproduces for his own existence.
2
KARL MARX ON PROPERTY - ProQuest. [Link]
3
The Economic and Philosophical Manuscripts.1844
4
“A Marxian View of Intellectual Property.” The Digital Sociology Blog, 13 Oct. 2014,
4
Marx wanted to abolish private property. The causation of private property is due to the
capability of workers to create such work. Here the workers perform their creative labour to
make a product. But the means of production is held by the capitalists. The capital generated
from the production process is not distributed equally among the workers and property owners.
So private property creates economic inequality. Workers are not paid for the effort they put in
the production process but they are merely given what is enough to survive.
2.3 INTELLECTUAL PROPERTY AS PRIVATE PROPERTY
In IP context the relevance of Marixan theory has its own importance. But the mentioning of
intellectual property is not direct in his theories but we can take his theories and how he might
define intellectual property. We can say that Marxian theory might not go hand in hand with
intellectual property legal framework. Intellectual Property Rights are exclusive rights that are
given to the IP holder, not to the original author. But this might not be in all cases.
For example, under the CopyRight Act, ‘software’ is also considered to be an intellectual
property. If we take the situation of those who work in software industries or companies we can
understand how labour and capital are related. A software or website might be coded or modified
by the software engineer, but the capital from such an end product will be benefited by the
authorities of those companies or industries. Here the labour was applied by the software
engineers, making them the working class. The capitalist are the authorities who benefit from the
means of production. Here the production process is done fully through transforming the labour
power of the workers, so they are the original owners of the work or the product. But according
to the laws the IP right holder will be the authorities or the capitalist.
Private property causes alienation to the workers. Here alienation refers to the alienated labour.
Marx has explained alienation in the context of labour power of workers and how it affects their
position in a society. This is explained under his “Theory of Alienation”.
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3. THEORY OF ALIENATION
Alienation is an idea developed by Marx in the “1844 Economic and Philosophical
Manuscripts” and later developed in his critique of political economy in Capital. Marx developed
the idea out of his study of Hegel. Alienation is the transformation of people’s own labour into a
power which rules them as if by a kind of natural or supra-human law.5
Marx emphasises that private property objectifies individuals, transforming them into mere
objects and alienating them from their own lives and humanity. Alienation in general is about
losing control over something that is central to who you are, how you experience life. He says
that alienation is the “loss of reality”. On the most abstract level, the concept of alienation is the
loss of control or a sense of detachment from something that is fundamental to one’s identity or
sense of purpose.
In the context of Marx alienation is connected to how the labour is alienated from his work. It
refers to the estrangement of workers from their labour and product of their labour. Here,
labourers are neglected in the development of their human faculties by being reduced to selling
their labour in order to survive. Alienation is the objective structure of experience and activity in
capitalist society. The modern capitalist cannot exist without it. When workers are alienated from
the means of production, the profit gained from the means of production that the labourer created
will fall in the hands of the capitalist. So in a way the alienation of labour is an advancement to
the capitalist. 6
According to Marx private property is the cause of alienation to freedom of the proletariat. As a
direct result of property rights, which emanates from the mode of production, equality has
become inequality, liberty is replaced by self-interest, and security means the protection of the
property that is owned by the human beings. Here liberty refers to the liberty of the workers. For
the self interest of the capitalist, the liberty or the individual freedom of the labourers is replaced.
Also they are treated unequally. Also workers are socially isolated from the means of production.
That means they are always treated as a lower class, who have to live in misery in order to
survive. They do not enjoy any benefit from their labour or the product of their labour.
Marx has explained about alienation in four aspects. Alienation in relation to, product, process,
from one-self and from other workers. To understand Marxian philosophy application in
intellectual property the need to study these theories of alienation is very important.
5
Marxism and Alienation. [Link]
6
Asher Horowitz | Department of Political Science | Faculty of Liberal Arts and Professional Studies | York
University.
6
3.1 ALIENATION FROM PRODUCT
The alienation of product means how the workers are isolated or alienated from the product,ie,
the means of production. Workers are alienated from the product of their labour. The workers are
obligated to work. They have to use their labour power and create a product that will be enjoyed
by the capitalist. For such creation of the product of labour, the workers are alien objects. They
have to work in order to make their existence. Their identity is expressed through their product
of labour.
The means of production or the private property is owned or in the hands of the capitalist. The
wealth or the capital generated from the production process is enjoyed by the capitalist only. The
workers are only paid less than what they deserve. In the matters of intellectual property, the
original owner might not benefit from the product of their creative labour as much as it benefits
the IP right holder. Examples for such can be taken in the case of a cinematographic work. The
original owner, directors or the scriptwriters will not have rights over the product of their
creative labour as much as it is beneficial to the producer. The original owner becomes the
workers and the IP right holders are the capitalists who exploit them.
3.2 ALIENATION FROM PRODUCTION
The alienation of man’s productive activity is rooted in the alienation of production itself. In this
type of alienation one does not feel connected to the production also. The worker sees himself as
an ‘outsider’ or unrelated to the work he is doing. He is forced to work in order to survive. The
work they do does not contain any of their expressive elements, but rather their labour is getting
commodified for the generation of capital to the capitalist. Marx argues that humans are
diminished to an animal-like state, labouring solely to satisfy basic physical needs, driven by the
necessity of survival.
3.3 ALIENATION FROM HIMSELF (SELF ALIENATION)
This is one of the main aspects of this theory. Here, Marx says that the other two forms of
alienation are the cause of alienation from one-self. When man is alienated from the product and
process, he alienates him from himself. He identifies that the reason for such alienation is that the
workers lose their human essence while getting in the process of creation of private property.
Human essence means what makes one themselves or who they are different or creative from
others. In a capitalist society one cannot develop an individuality, as the distribution of wealth is
unequal. In such a society the workers have to work in the way the bourgeoisies wants. So he
cannot express himself through his creative labour. This causes a feeling of alienation from
themself.
7
If we look at how certain aspects of intellectual property rights are granted, this aspect of
Marxian theory is very valid. Most of the time even if there exists a creative labour through
creative mind or intellectual, such creation is for the benefit of the IP right holder. For example,
the website made or created by an engineer might be the product that has no relation to his
individuality. Such a production process only increases the alienation for the creator as there is
no element of his own essence in that product.
3.4 ALIENATION FROM OTHER WORKERS
One can automatically connect the consequence of the other three aspects that lead to this form
of alienation. If man is alienated from himself then he will alienate himself from his
surroundings too. Here Marx points out how the working atmosphere or the social connection of
workers are alienated as the work they are doing is not having any of their human essence. The
workers labour for the capitalist motive. They do not have any freedom to put in their
self-expressive elements in the means of production. So they are in a cycle where they constantly
depend on the employment under the capitalist in order to survive. This cycle goes in an order
where the result of their work is alienated from them and the immediate consequence of this is
the alienation they experience from themselves and their surroundings or their social habits.
They are no longer in space where the workers are connected or having any unity. All of them
are struggling to find the resources to create a product and live their life on the wages alloted by
the capitalist.
4. MARXIAN THEORY IN IP CONTEXT
The implication of the philosophy explained on property by Marx can also be applied in the case
of intellectual property. But one has to remember that such implications are not direct. But in this
perspective, IP legal frameworks can be understood as the instrument that protects the capitalist
class of the society. In other words, it is much beneficial to the elite section rather than protecting
the one who puts all their creative labour.
Intellectual property differs from physical property as it was made by using intellect methods.
The intellect method refers to using the mind to create a product. For example, the content of
books, the script of movies and so on. But the protection that is given to the rightful owner of
these intellectual works are varying case to case. The legislation related to IP defines what
constitutes intellectual works or property. It also contains provisions explaining rights of such
property goes to certain sections of people only.
8
Intellectual property can be considered as a private property. In Marxian theory, private property
was held and enjoyed by the bourgeoisies. They accumulated all the profit or wealth from such
property. But the creation of wealth was done by the labourers. In intellectual property as a
private property, the bourgeoisie are the IP right holders such as the Producers, the Publishers,
the Patentee and it goes on. But the rightful owner might be a different person and their labour
power is used to make such intellectual property.
5. CONCLUSION
Innovative and creative mind is essential for the creation of intellectual property. For creating
such property, the creator must be provided with a benefit that will inspire them to create more
and the others to do the same. But such innovation or creation should not be confined to few.
Everyone has the right to be part of new technological development. But the Intellectual Property
Rights are a barrier to such a goal. It protects the interest of the capitalist in a Marxian
perspective.
The well-being of society is in the hands of man. As a social animal, it is his duty to do good for
society. As a social animal, all have equal rights. Laws are to protect all, not some. If the
Marxian perspective is applied in legal frameworks of intellectual property then such laws are
against what Marx stands for. His goal was to abolish private property and put an end to greedy
capitalists.
To conclude, we can see throughout this assignment how Marx might have pointed his words
against IP laws. In his perspective, the laws are made only to protect the elite section. Here
workers are not treated equally. Social welfare is not the objective. From the theory of alienation,
Marx also explained how workers are alienated from the product they make throught their labour
power. In IP cases also the creator uses his creative labour power to produce a product, but his
rights are not fully given to him.
9
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