STUDY MATERIALS

Marxist View of IPR

Introduction

Human beings have many dimensions and aspects. He has many rights and duties in the society. He has some material and social needs.  Conflict always arises due to the self interest. Concept of private property is creating class in the society. Property rights developed and changed with the passage of time and in given social economic conditions .Values are changed with the passage of time but society is not changed as per the changing value of the society. No society is good or bad but the social and economic conditions and distribution of economic resources are determined its nature and scope. Our thinking process is not determining the society but theses social economic conditions decides our thinking and thought process. Marx was always of the opinion that there should be equal distribution of economic resources. Ideas always find in the society but get the force by the movement. Development of intellectual property rights is strongly advocated by the individualistic thinking. This individualistic thinking has divided the society into parts. Law is always influenced by materialistic development. Intellectual property rights are the part of property rights. Nature of communistic society will be deteriorated the intellectual property rights. Marx is always advocated centralized and planned economy. Equal distribution of economic resources is the essence of Marxist thesis of social evolution.

Marxism is also the complete philosophy which has given the one direction to the society Marx has developed a idea of social transformation into socialistic and communistic society. Marxism is a way of thinking which not only transforms the world but also developed new thinking method for thought process. Governments of many countries are governed by this method of thinking. Scientific communism is an inalienable component of Marxism. It studies the development of revolutionary forces of communism. Communism is the highest stage of human mankind. Social Structure of society is determined by the productive forces of the society. Every system is build for the emancipation of human suffering. Marx has given the philosophy of scientific humanism. Through this philosophy many government has made many enactments and policies for the development of human beings. Marxism has become the way of life in the different countries those who follow the Marxism as way of social evolution. Marx has contributed his life for the betterment of society. He has studied the system not for him but for emancipation of human sufferings. Human sufferings are important component for the research which he has studied in the different countries. He has closely studied the sufferings of labour and also gives the strong suggestion for the eradication of labour sufferings. He strongly advocated the socialization of economic resources. To analysis the Marxism is beyond researchers’ small intellectual level. This is only the interpretation which we have learned from the society and small study of Marx.

Marx and Society

Marx is father of Marxlogy in the world. He has given the new idea for element of social and economic system. Karl Marx, the eldest son of Heinrich and Henrietta Marx, was born on May 5, 1818 in the Rhenish city of Trier where his father practiced law and later rose to become head of the bar. Both his father and mother came from long lines of Rabbis.

Karl Marx lived the life of an independent intellectual and political activist. After his studies, he worked as a journalist before leaving his native Germany in 1843, initially for Paris. In 1867, the first volume of capital was published. Marx died alone in 1888 shortly after the death of his daughter and wife, both named Jenny. Marx spent the whole of his adult life studying the capitalistic society. His economic views are set forth in his main work; capital which it took him forty years to write. The writing of capital was a real scientific exploit, because Marx had to work in intolerable conditions. He and his family were faced with constant need, were always badly in arrears with their rent and short of money to buy the bare essentials. In a letter, which Marx wrote at the close of his life, he said in order to write his capital he had to sacrifice health happiness in life and family.

Marxian Analysis of Society

Marx applied a new scientific method of analysis in his study of the capitalist society a method which he worked out together with Engel, and which has to come to be known as dialectical and historical materialism. It helped to prove that the development of the human society runs from simpler to higher form, along a spiral whose every twist leads to a higher stage. Marxism was the first to transform socialism from Utopia into a science, to lay a firm foundation for the science, and to indicate the path that must be followed in further developing and elaborating it in all its parts. It disclosed the nature of modern capitalist economy by explaining how the hire of the labourer, the purchase of labour power conceals the enslavement of millions of property less people by a handful capitalist, the owner of land, factories, mines and so forth. Legal system is also developed out of these relationships. It thought us how to discern beneath the pull of rooted custom, political intrigues abstruse laws, and intricate doctrine – the class struggle, the struggle between the propertied classes in all their variety and property less mass. One of the earliest documents of great importance in development of communism in general, and of socialist and communist legal theory in particular, was Marx Communist manifesto about one thousand copies of the original text of which were printed in London in 1848 when Marx was just under thirty years and Engels a couple of years younger. At the time few people apart from these two regarded the document as of any importance. Marx provided the philosophy and the determination to influence men’s lives and Engels provided both money and more important some substantial firsthand experience of social and economic conditions in the industrial Lancashire of the early 1840.

The final stage of development, according to Marx, is the socialization of society leading to stage of perfect communism when all capitalists and bourgeois element have been eliminated. This final stage may come about as result either of evolution or of revolution, the latter necessitating a positive and probably violent catalyst which the former does not.

Marx on State

For Marx, law represents what he calls a super structure which is used in bourgeoisies’ capitalist system of regulation in order to further the ends of the economically dominant and exploiting class at the expenses, in term of labour and production, of the suppressed class – the proletariat. He saw the normative order of capitalist societies as a cloak for economic domination by a minority ruling group, and assumed that the concept of state and law were therefore, by their very nature, tools for maintenance of such exploitation by systematic coercion.

Men make their own history, but they do not make it just as they please; they do not make it under circumstances chosen by them, but under circumstances directly found, given and transmitted from the past.

Marx and Engels developed the materialist conception of history to explain the law of human development. Engels specifically linked the enterprises to Darwinian theory of Evolution.

The underlying assumption of the materialistic conception was the role played by economic factors, which formed the base. Everything else belonged to the superstructure, which consisted of state the law government are culture and philosophy. Marx defined five stages of economic development known to history. These were primitive communism, slavery, feudalism, capitalism and communism.

State is also superstructure of economic conditions. Nature of state is also depending on socio-economic conditions of society. In capitalistic society, nature of government is different from socialistic pattern of society. For Marx and Engels, the state expressed human alienation. It was an instrument of class exploitation and class oppression for the economically dominant class exploited and oppressed the economically weaker class. The state apparatus served the ruling class, but acquired independence and become autonomous when the adversary classes were in a state temporary equilibrium.

Marx on Property

Private Property is main cause of many social problems and cause of litigations in the society. Law is also derived from the nature of property.  Marx is the greatest author, thinker and philosopher of the world who has revolutionized the whole legal, economic and political thinking of the world. Law has deep rooted in our thinking. Marx has divided the whole history in the following stages.

  1. Primitive Stage
  2. Feudalistic Stage
  3. Capitalistic Stage
  4. Socialistic Stage
  5. Communistic Stage

Primitive Stage

 Marx is of opinion that there is the socialization of economic resources. There was no private property in that stage. Every person gets according to his needs and capacityPrivate property has always divided the society into many classes. In that stage there was equality, liberty and justice because there was equality of economic resources in that society. Every social economic and political system decides the nature of rights and its scope. Every nature of property is decided by the social system. Socialization of property is essence of the primitive social system. Therefore no private property exists in those economic models.

Feudalistic Economic Stage

Is that stage where the dominance of agriculture economy. In stage there is division of property and therefore two classes of economic division come into existence one is the slave and second is landlord. In this stage there is the development of intellectual property rights. Law related to IPR is developed in the abundance. Because of this economic stage is influenced by the individual thinking. Law is based on the social system, because every law is influenced by the social system. Socialization of economies resources is started shifted to the individuations of economic resources. If there is equality in the property rights then nothing is bad to the society. In this society intellectual property rights are different nature.

Capitalistic Economic Stage

 In capitalism era of capital is prevailed. Everything is regulated by the essence of capital. In this stage there are two classes of social struggle one is the capitalistic and labour. In that economic stage there is development of intellectual property rights. India is in the same model of the society. According to Karl Marx this is highest stage of exploitation. Therefore there is the starting point of social revolution in the society and it will lead to Socialistic society. Intellectual Property rights are the product of capitalistic society.

Socialistic Economic Stage

 Socialism is the pattern where the government is lead to the socialization of economic resources. Model of the government and society is shifted to the social. Humanism has become the method of socialism. Socialism is based on social justice. Social justice is signature tune of socialism. In this economic stage there is a state and property right but its nature is social. This stage is known for the level of human, social, political and economic consciousness.

Communistic Economic Stage

 In that economic stage there is administration of the things. In that stage there is no state and other institution. This stage is highest stage of human consciousness. This stage is also considering the most spiritual stage. This stage is famous for humanism, spiritualism and communism. In this stage there is no private property. In that Stage private property has social character. Although man is selfish by nature, to understand the social interest there is need of highest level of consciousness, but that is not possible in the society. Human consciousness is adopting the humanistic approach in the communistic society. Scientific humanism is essence of communistic society. In communistic society there is denial of private property and stress on socialization of economic resources. Therefore, there are no intellectual property rights in communistic economic stage.

 Indian law and Society

Law is highest representative of truth, honesty and fairness Marx analysis on property is represented the socialization of economic resources. Social justice is the signature tune of the Indian constitution as said by the justice V.R. Krishna Iyer. Justice is the divine, social and political movement. Every system is made by the conduct and thought process of the society. Justice may be social political and economic. But main purpose of the justice system is to provide humanity in the society. Constitutional law is the foundation of any society. Law is an instrument to provide the social justice in the society. Many laws are enacted and constructed for the implementation of social justice in the society. Justice is very close word for every human civilization. Sometimes demand of the justice is also responsible for the alteration of government in the respective state. In the world, every movement is motivated and influenced by the concept of justice. Justice is determined by the social and economic system. And system is made by the human beings and their conduct and thinking and thought process. Every movement in the world is revolution by justice. Injustice is responsible for the social revolution in the society. In democracy, people always adopted the silent revolution to change the government. Recent, examples of political upheavals in the Indian political system is also influenced justice or injustice.

Legislation on Lokpal and Right to Information is paving the way to informed revolution in the society. In the present scenario many changes are taken place in the society. It is very simple matter that if the government makes the distance with the government, people started to maintained distance with that government in the election. Indian Constitution is the foundation of Indian democratic society. If the government fails to implement the constitutional provisions, people change that government. The state has to impart the justice in the society.

Every government is formed for the welfare of the citizens. People tested their government is on the basis of the polices and welfare programmers. Social movement arises due to constitutional failures and policies which administrated the justice in the society. Therefore, when government has framed the policies and administration of justice they must kept in view the grievances of the people and their expectations from government. If education is spread its horizons in the society, people automatically became aware about their rights and duties. Transparency and accountability has become essential for that society. System and policies are made for the human beings, but theses human being are cannot kept outside from these policies and programmes.

Justice and law both are essential for the organized society. Justice must be implemented in the society from every nook and corner. Justice based government can never be failed in the political system. If any government retains its powers again, they have imparted the justice in the society. Government cannot be irritated the principles of Socialism, Democracy and Republic. Defeat and success is always decided by the enforceability of justice in the system.  Justice and law both are essential for the society. Development of democracy is also restricted the many wars in the world.  Democracy is deal with the election process. People are participate through election process and voted accordingly justice based concept. Justice is ensured the transparency and accountability in the functioning of the government. If the government fails to implement justice oriented policies then people thrashed out that government in the election this is the power of democracy and unique features of democracy.

Two major developments in the world have change way of politics and legal system development of United Nation Organization and genesis of the democracy at world level stage. Democracy has clear cut relationship with justice and liberty and freedom. Human selfishness is creating problems to the world. Martin King Luther said that, we guided the missiles but misguide the man. Man has created the many problems in the world. Conflicts always create the division of society. Every conflict has some social, economic and political base. Justice cannot be realized through the wrong politics. Human justice can be realized by human law not by only Law. Humanitarian value can develop by the society and its consciousness about the social issues. Man has no necessity to read books there are many social problems in the society which teach the man if he sensitive about the social problems .Social sensitiveness is essential for social growth. Problems cannot be eradicated from the society. Conflict always there but these conflicts can be abolished by imparting the justice in the society. Education is not powerful weapons for the social change but also transformation the society from traditional to progressive one.  There is requirement of human jurisprudence in the society. Progressive Jurisprudence is the demand of the society.  Law and justice can be imparted through the progressive jurisprudence. There must be closed relationship between law and justice. Justice can be imparted through the progressiveness of law. Law must have radical and progressive approach.

Robert Ingersoll once wrote: – “We need free bodies and free minds, free labour and free thought, chainless hand, fearless brains, free labour will give us wealth, free thought will give us truth.”

Marxism is based on the scientific socialism. Marx gives the stress on the socialization of property rights. He always advocated the scientific socialism. Socialism covers the distribution economic resources equally in the society. Marx is famous for the Marxlogy. Marxlogy is discussing the relationship productive forces and their relationship with the society.

Socialization of Intellectual Property Rights

Law must socialize the economic resources as well as intellectual property rights. Some medicines are so costly because they are out of range of common man benefits. There must medical justice in the society. On the other side there is requirement of agriculture justice in the society but this only possible due to the socialization of intellectual property rights. Dialectic relations always in the society but human angle must not miss from the law.  There must be socialization of means of productions in the society.

Indian constitution is start with word we the People of India but our social system does not talk about justice. Today Marxian analysis about legal system proves true with development of new corporate system. There is gap between law planted in book and establish in society. No society can exist without equality, justice and liberty. This is conflict of law. Law has problem with society and society has problem with law. Both have Dialectic Relationship. Economic association played dynamic role in construction of best economic system. Best economic system is that which is based on Justice, Equality and Freedom. Success of capitalism is depends upon private property. Basic fundamental nature of capitalism is to encourage the private property and bare exploitation of basic values. Truth replace by fraud, people started sheltered their moral values. Corruption has become main sources of income and value degraded day by day. But this is strange for Indian society as well as world society world is go through conflicts. Modernization is essential for society, but there should mental modernization which should base on logic and scientific temperament. Law must have the human face. Humanitarian laws are essence of society.  Human justice is essential for the every society. No doubt intellectual property rights must be there but with human face. These rights must have the human face. These rights must utilize in the favor of human beings. Law is the reflection of economic system .In socialistic pattern of society law has the social angle.

Law is living science. Social Justice becomes essential element for society. Society always poses question in front of balanced legal system why legal system is fail to satisfy need and justice. Law should not be ivory tower. People afraid from litigation due to heavy financial losses these days. In that scenario question always raises against democratic justice this is highest stage of capitalistic based economic system. If the Government fights for justice, equality, Government has to establish socialistic pattern of economy. Any law which the government has made must have the social angle. Law must pursue the human justice in the society. Intellectual justice demands that there should equal distribution economic resources in the society. Law should pursue the moral value of the society .There should distribution of economic resources in the society. For example services relating to medicine education must remain in the domain of government sector. Law cannot be detached from the human sufferings and human feelings. Law  is the main agent   of the society to regulate the human affairs.

Sum Up

Intellectual Property law is an instrument of social change. But there should be the social nature of intellectual property rights. These rights should serve the society. Justice is the powerful weapon in the hand of the society through justice all machinery of government are functioned and performed. Law and society both are in changing dimensions. Change is law of nature. These changes are influenced by the socio- economic development. Structural changes in the social economic model are the cause of changing in the legal system. Law is satellite of social economic conditions as prevail in the society. Law is the dynamic social science. Justice oriented approach can be developed through co-relationship of law and justice. Law can be never higher than social economic conditions. Law has deep relationship with justice.

 Marx says that human consciousness depends on the social existence but Intellectual Property Rights are the product of capitalistic society because it is based on the concept of private property and personal rights and it can be said that intellectual property rights are so strong in those countries where the capitalistic system has prevailed. In the capitalistic society there is abundance of Intellectual Property laws but on the contrary in communistic society deny the monopoly of Intellectual Property Rights because it is the view of communistic society man’s progress is depended on the social consciousness. In communism every person gets according to his need and according to his ability. Marxian philosophy is of the opinion that our social existence determines the individual character, nature and activities.

 In the present society no country remains in isolation from the clutches of capitalism. In today’s world W.T.O. played a dynamic growth of Intellectual Property Rights. Man born in the society and also he learns each and everything form the society so how he can claim private rights over the ideas which he has learned from the society. If the intellectual property rights are lapsed the society in that situation human rights are more protected and more preserved and prolonged. But in the communistic way of economy there is equal distribution of economic resources.

Marx is of opinion that there must be socialization of economic rights and private property. Private property sometimes causes social conflicts. If there are no intellectual property rights in the society it will definitely affect human rights of patentee and farmers. Law cannot supersede the humanity and rights oriented approach.

 

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