Published online by Cambridge University Press: 20 November 2025
In this chapter, a Lockean theory of intellectual property (IP) grounded in labor, desert, and a “no harm, no foul” rule is presented and defended. Building on Locke’s proviso that property claims are legitimate when acquisitions leave “enough and as good” for others, it is argued that intellectual works meet this condition by creating value without worsening others. By situating intellectual property within Locke’s broader framework of individual rights, it is argued that protections for authors and inventors are morally justified. Addressing key objections – including issues of baseline comparisons, the scope of rights, and challenges posed by independent creation – the theory is illustrated and refined. Also considered are the implications of adopting systems that allow perpetual IP rights. Lockean principles provide a robust moral foundation for systems of copyright, patent, and trade secret protection, ensuring respect for the natural rights of authors and inventors.
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