The innate qualities of intellectual pr operty, however, in combination with INTELLECTUAL PROPERTY: POLICY FOR INNOVATION 15   strong economic motivations have led U.S. intellectual property policy to operate according to rights - based, non - utilitarian theory, possibly as a result of lobbying (capture theory).

The “romantic conception of authorship” mentioned earlier as a formative trend of the rights - based theory of intellectual property is evident in the first pe rspective: t he notion that ideas are individual achievements and of indeterminate origin (not reliant on a process of building) (Fisher, 1999, Sect. II. B).