morality/misappropriation theory. Finally, it is contended that IP creations contain elements of a creator's personality, and taking harms those deeply heartfelt interests that creators feel towards their works-this is often called a personality or moral rights Labor/Investment Rationales A labor theory resonates in the writings of John Locke, who postulated that men [sic]ought to have property rights in the fruits of their labor. At its full extension,a labor theory of IP postulates that "one has the right to reap the full value of one's creation. >3> Historically, labor theories of IP have played an important role in the development of IP doctrine, although they fallen into disfavor by the courts in recent decades a collaray of labor theory is investment theory, which provides that the law should protect value created when an IP owner invests significant time, effort and money in an IPR. The courts frequently recognize the investment rationale in the context of trade secrets, where the more a trade secret owner has invested in maintaining secrecy in an invention or process, the more likely the court will enjoin appropriation of the trade secret. Similarly, it is recognized in the patent context that inventors would not invest 32 See J. LOCKE, SECOND TREATISE OF GOVERNMENT 27 (1953) 33 See David S. Welkowitz, Trade Dress and Patenk-the Dilemma of Confusion, 30 RUTGERS L.J. 289 (1999)(noting that courts have rejected the labor theory of IP in its most extreme form). Id $4 The Supreme Court for example has rejected the so-called"sweat of the brow theory in the context of copyright protection. See Feist, Publications v. Rural Telephone Service 499 U.S. 340(1991)Under the sweat of the brow doctrine, "the underlying notion was that copyright was a reward for the hard work that lo 5S The Restatement of Torts, for example, sets forth six factors to consider in determining whether information qualifies as a trade secret, including the amount of effort or money expended by [the trade secret owner] in developing the information. RESTATEMENT OF TORTS9 morality/misappropriation theory. Finally, it is contended that IP creations contain elements of a creator’s personality, and taking harms those deeply heartfelt interests that creators feel towards their works—this is often called a personality or moral rights theory. Labor/Investment Rationales A labor theory resonates in the writings of John Locke, who postulated that men [sic] ought to have property rights in the fruits of their labor.32 At its full extension, a labor theory of IP postulates that “one has the right to reap the full value of one’s creation.”33 Historically, labor theories of IP have played an important role in the development of IP doctrine, although they fallen into disfavor by the courts in recent decades.34 A collaray of labor theory is investment theory, which provides that the law should protect value created when an IP owner invests significant time, effort and money in an IPR. The courts frequently recognize the investment rationale in the context of trade secrets, where the more a trade secret owner has invested in maintaining secrecy in an invention or process, the more likely the court will enjoin appropriation of the trade secret.35 Similarly, it is recognized in the patent context that inventors would not invest 32 See J. LOCKE, SECOND TREATISE OF GOVERNMENT 27 (1953). 33 See David S. Welkowitz, Trade Dress and Patent—the Dilemma of Confusion, 30 RUTGERS L.J. 289 (1999)(noting that courts have rejected the labor theory of IP in its most extreme form). Id. 34 The Supreme Court for example has rejected the so-called “sweat of the brow” theory in the context of copyright protection. See Feist, Publications v. Rural Telephone Service 499 U.S. 340 (1991) Under the “sweat of the brow doctrine, “the underlying notion was that copyright was a reward for the hard work that went into compiling facts.” Id. 35 The Restatement of Torts, for example, sets forth six factors to consider in determining whether information qualifies as a trade secret, including “the amount of effort or money expended by [the trade secret owner] in developing the information.” RESTATEMENT OF TORTS