The Idea of Intellectual Property Rights in Modern Times in the Ideology of Human Rights.

individual ” [53]. Because he believes that “ excellence is never an accident but it is always the result of perseverance, sincere effort and wise action. It represents a wise choice among many alternatives ” [42]. That means that the products of such tireless efforts in each individual should be appreciated to promote the intelligence and creativity of the whole community. He also believes that private ownership will contribute to promoting morality as well as human prudence and responsibility with the explanation that “ when each person has different interests, people will not be in conflict (of interests) with others and will progress more because each person is involved in his own business ” [42]. Indeed, people with natural instincts are self-loving, they are willing to dedicate and work to have a better life. Along with that process, people also have the need to share good things with the community. That can only be done when they have private property, which is the property that only they have the power to decide. Because as Aristotle argued about ownership in his book Politics: " A person cannot be considered generous if they give away property that does not belong to them " [12, pp. 70 - 71].

Along with the view of private property, Aristotle also mentioned the elements of intellectual property and considered it as a manifestation of the characteristics of a free person. In his book “The Politics”, he used music as an example of intellectual personal property, considering it as the result of a search and discovery that expressed the individual’s intelligence. Aristotle said that “ people find music from the range of intellectual interests, which they believe will help make a difference for a free person ” [46, p. 296].

A few centuries after the destruction of the Sybaris, Aristotle mentioned the concept of monopolies for individuals who discovered something “good” for the state. Specifically, Aristotle mentioned the architect Hippodamus of

of Miletus, who founded the city of Pericles at that time. He was the one who proposed that a law be enacted “ to the effect that all those who have discovered things favorable to the country shall receive titles ” [40, p.6]. In other words, the law allowed the recognition of titles for those who had discovered things “good” for the country.

That shows that in Aristotle's thought, people are not only characterized by external tangible assets (belonging to that person) but can also be different from other individuals in the community thanks to the difference in the way that person uses his intelligence to create a product that can be recognized by others (for example, a musical work). From such individual creative products, the synthesis of intellectual products of each person in the community will help form a characteristic for the whole community that today we often call by the concept of "culture" which is quite abstractly defined. But when looking back at Aristotle's understanding, we can easily imagine the answer because of its simplicity without losing any philosophical value. He believes that " culture has no other purpose than to serve itself, and the idea of culture is based on the implication of using intelligence " [46, p.296].

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Thus, it can be seen in Aristotle's thought that the intellectual property of each free person, like other types of property, must belong to the private ownership of that person because they, by using their intelligence, have contributed to creating assets that are useful to the community. These can be considered the premise of later theories of property rights.

Although not as clearly expressed as Western philosophy, Eastern philosophy also carries certain values about human rights, including ideas about property rights and ownership from the thoughts of major schools, the most typical of which is Confucianism. Before talking about the idea of copyright in ancient China, it is necessary to start from practice.

that the Chinese people's awareness of copyright during this period was still very vague, people even encouraged copying poetry and painting works and " considered that dissemination as a way to make them more widely known. Each poem and painting (painting) is a unique thing, a rare creation and represents the distinctive difference of that author " [43, p.11]. However, besides such artistic actions that were widely desired, another aspect shows that Chinese society highly valued copyright, especially in terms of technique and technology. Of course, the term "copyright" was not used at that time, but was simply understood as the ownership of a certain industry. Those industries were often only passed down through direct means, from generation to generation, and gradually built up their own "brand". Typical examples showing the actual existence of copyright can be seen through cooking recipes, medicine recipes, martial arts exercises... And as a matter of course, social reality will be reflected in the ideology of scholars and philosophers whose function is to build and strengthen the foundation of knowledge and culture for society. Among them, some scholars have had breakthrough ideas about the value and benefits of ownership or higher, monopoly (Proprietary). As Mencius once said, " A carpenter or a carriage maker can tell others the secret but cannot make him have the skill " [12, p.104]. That shows that the idea of the value of the owner of "intellectual property" does not simply lie in the immovable values (secrets) but more broadly, the skill of using that property, which only the owner can grasp.

“ From the perspective of state management, since the Tang Dynasty (618 – 906), the authorities’ views on intellectual property were relatively similar to the Anglo-American legal system ” [68, p.538]. The purpose of such early concern from the government was considered “ to maintain market stability and social order ” [44, p.570] as stated by author William

P. Alford mentioned in the book “To Steal a Book is an Elegant Offense: Intellectual Property Law in Chinese Civilization”, roughly translated as “To Steal a Book is an Elegant Offense: Intellectual Property Law in Chinese Civilization”. Furthermore, Jonathan Ocko also argued that “ the purpose of such protection is greater than the common sense of intellectual property rights but also to widely disseminate full professional knowledge such as those who own or master religious texts, geomancers (feng shui masters), fortune tellers ” [44, p.571] also expressed ownership of their works such as manuscripts, but still made them available to the public.

Through this, it can be seen that the ideology and awareness of intellectual property rights of not only scholars but also state governments in this period had a certain foundation. Although there is a degree of similarity in ideology between the East and the West, it must be affirmed that the ideas of promoting intellectual property rights appeared in the West earlier and were clearer in their expressions, while these values in the East, typically China, need to evaluate the actions of the ancients to examine their ideology.

If East Asian states did not have sudden changes in state and social regimes in the medieval and modern periods, the changes, first of all in Western societies, became the basis for clearer recognition of intellectual property rights in law, traces of which are shown in the royal privileges of the medieval period in Europe.

During this period, human freedom was almost absolutely and severely restricted by the collusion between the feudal monarchy and the theocracy of the Catholic Church to maintain autocratic and exclusive rule. However, it was in this harsh environment that enlightened ideas about human rights emerged, leading to the promulgation of the most famous legal documents of mankind, which were the foundation for the later development of

The legal system of human rights in the world. A typical example of these documents is the Magna Carta, issued by King John of England in 1215. The Charter affirmed a number of human rights, specifically: the right to own and inherit property; the right to freedom of trade and not to be overtaxed; the right of widows to decide whether or not to remarry; the right to a fair trial and equality before the law....

Along with the strong changes in social stratification, " Western European states paid great attention to promoting technological inventions within the national territory or imported from outside, which led to granting monopolies and privileges to merchant associations or craftsmen " [32, p.233].

It is noted that the people of the Republic of Venice (present-day Italy) established the first patent law in 1474 (the 1474 Act) and “ this model spread to many other countries in Europe within the next 100 years ” [66, p.7]. It must be affirmed that the origin of the birth of patent law in Venice originated from economic rights, specifically the right to trade. At that time, many products in Venice, especially artistic and technological products, could only be produced and sold by guilds of artisans and merchants and patents were considered “ the exclusion of the monopoly of these guilds. It allows non-members of guilds, especially foreigners, to trade in products and practices outside the province where the guild has a monopoly ” [63, pp.1268 – 1269]. This shows that the initial law on intellectual property rights in general was aimed at expanding the public’s right to do business, in order to escape the monopoly position of guilds in trading.

Although at this time, the concepts of economic rights or human rights had not yet been formed, in essence, this was a recognition

for the freedom of human business. Monopoly in the trade of goods and products is contrary to the pursuit of human benefits, reducing the public's access to goods and products while maintaining a group of people with privileges that demonstrate inequality in society. This is also the foundation throughout the ideology of the naturalness of human rights, according to which all individuals in the community have equal opportunities and the ability to access and exercise rights. It would be truly unjust if a group of people, from birth, had privileges based on the deprivation of basic rights of other ordinary citizens. Therefore, the formation of the Venetian patent law is considered an important milestone in the history of the formation and development of the intellectual property law system in the future and is also a clear demonstration of the natural connection between intellectual property rights and basic human rights. The birth of the 1474 law not only had a great impact on creative and business activities in Venice but also spread to many other countries where " it can be affirmed that there are still many traces showing that the law on regulating intellectual property for a system of royal privileges was established and operated in Europe throughout the Middle Ages " [66, p.7].

Another important milestone in the history of human development during this period was the strong development of science and technology during the Enlightenment period in Europe. In particular, the advent of printing technology helped literary, scientific and artistic works to begin to be put into commercial exchange and gradually become an important commodity for human development needs. Some printing house owners and investors began to hire authors to write books, stories, etc. to print and publish, and of course they had to pay the authors a certain fee. However, at that time, their products were easily copied by small printing houses or non-investors, leading to significant losses in income and competitiveness in the market. From there, the need gradually emerged.

demand for copyright protection for literary and artistic works as well as related rights. One of the important marks of legal science on copyright protection during this period was the birth of the Statute of Queen Anne (the Statue of Anne) in 1710 in the UK. Accordingly, the author has the exclusive right to publish the work within 14 years from the date of creation of the work; this exclusive right can be transferred to publishers and can be renewed for another 14 years while the author is still alive. The important value of the Statute of Queen Anne is not only that it " unified many previously existing legal frameworks " [48, p.1438] but also demonstrated the central position of the author, according to which they are the first owners of rights.

Thus, it can be affirmed that the legal science of copyright and related rights protection in the ancient and medieval period is the result of the need to protect economic interests through the commercialization of literary, scientific and artistic creative works.

1.1.2 The idea of intellectual property rights in modern times in the ideology of human rights.

This period marked the birth of great doctrines and ideas about human rights with names such as Thomas Hobbes, John Locke, Montesquieu, Jean Jacques Rousseau, etc. Human needs in this period increased along with the increasing accumulation of assets as a result of achievements and strong changes in science and technology. The doctrines about copyright also began to have an increasingly large and prominent influence. " There are four doctrines justifying copyright protection " [50, pp. 2 - 3].

The first is the incentive theory (also known as motivation theory) which considers economics as an important component to encourage authors to

invest time, effort, skill, and resources in the creative process. By granting limited exclusive rights to prevent others from free riding on creative efforts, copyright protection allows authors to recover their investment. “ However, not everyone needs economic incentives to be creative. Parents do not need economic incentives to take photographs of their children, even though the photographs are eligible for copyright protection ” [50, pp.2–3]. Similarly, we do not need economic incentives to express our creativity when writing letters or making gifts to friends. Indeed, many painters and sculptors create works of art without thinking about their potential rewards under the copyright system. Countless people also engaged in creative endeavors, helping to lay the foundations of our culture, even before copyright came into existence. That shows that human's need for creativity is a completely natural nature, not completely dependent on the recognition or rewards that society gives to the products created.

The second theory, prospect theory , provides a justification for copyright protection in cases where economic rewards are uncertain and unknowable, and where the creator's investment is costly and risky. Unlike the incentive theory, prospect theory recognizes that intellectual creators may not be able to predict the future commercial benefits of their creations. Instead, creators stake a claim to a domain determined by their creations independent of their immediate commercial value, just as miners stake their claims to land without knowing exactly how much gold or silver they might find. For example, a novelist writing in the 1950s may not have been able to predict

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