Intellectual Property RightsA
Through the years history has documented amazing men and women which have contributed much of their ideas to improving society. Intellectual Property Rights plays a vital role in not just safeguarding the individual to protect the use of their ideas from misuse but it was meant to promote inventiveness and creativity.
Intellectual Property Rights has evolved with the emergence of new technologies its scope has grown and several factors including globalization of economies as well as changes in the way businesses operate and politicization of IPR issues have been factors influencing its direction.
If one were to asses the Philippine setting it would appear that our progress is slow compared to our other neighbors. Our earliest record of laws on intellectual property rights dated back in 1947. We joined the World Organization (WIPO) in 1980 only after 10 years after it was established and our Intellectual Property code has only taken into effect during 1987.
Furthermore the country is viewed as one of the nations that are weak in enforcing laws governing Intellectual Property. Resulting in Millions lost in revenue for corporations and the government in taxes.
Consistent enforcement is critical because of the reality that there are people who do not respect the Intellectual property rights of others. The reason may vary from greed, lack of awareness, perceived necessity, criminal intent or even an innocent mistake. When illegal copies take market share or even kill a potential market the enforcement mechanisms become vital to not only protect the players and the entities but also the general public as well.
Most of the industries that are affected include computer software, music, films, luxury goods and fashion, perfumes, books, watches, medicine among others. According to World Intellectual Property Organization (WIPO) the factors that influence the increase include a significant gap in the consumer purchasing power, inability to meet the market demand and emergence of new technologies making it easier to produce volumes of illegal copies at faster rate.
In the case study “Pirates”, there is a debate of should copyrights been protected or not, or should illegal pirating been allowed? (Brusseau, 2012). One argument states that the copyright should be protected since it is an intellectual property. On the opposite, the argument argues that people who cloning the CDs may purchase the CDs themselves or given the original CDs by someone else, they own this property now, and they can do what they want with it.
However, despite the strong copyright policy and punishment of the United States Federal Copyright Act, as enforced by police as well as the Motion Picture Association of America (MPAA), piracy still rages on, especially...
Intellectual property is an incredibly complicated facet of the law. In the United States, we have many laws in place to control and limit profiting from others intellectual property. The issue is not only profiting from others intellectual property, but not purchasing the property from the originator as well. We will discuss why it is important to protect this property as well as why it is tremendously difficult to regulate all these safe guards. “Intellectual Property has the shelf life of a banana.” Bill Gates
Foster, Sharon E. "Prelude to Compatibility between Human Rights and Intellectual Property." Chicago Journal of International Law 9.1 (2008): 171-211. ProQuest.Web. 30 Oct. 2013.
Intellectual Property Law used to only protect art, music, and literature, but because of technological development, Intellectual Property Law now also protects a greater variety of innovations including designs, inventions, symbols, discoveries, and words. The phrase “intellectual property” was first known to be used in the late 1700’s; however, it was not widely talked about, nor was the Intellectual Property Law in actuality commonly implemented. Intellectual Property Rights slowly gained more attention by mid-1800’s after the Industrial Revolution had taken place: more companies were created, competition between corporations became fiercer, and owning unique innovations were crucial to winning the competition. However, as Intellectual Property
“Copyright is a fundamental right of ownership and protection common to all of the arts” (O’Hara & Beard, 2006, p. 8). “It is a form of intellectual Property (IP)” and it gives the owner exclusive rights to the copyright (O’Hara & Beard, 2006, p. 11).
In week 10 of spring semester we discussed chapter 11’s Intellectual Property Law. “Property establishes a relationship of legal exclusion between an owner and other people regarding limited resources.” In this chapter, we learn that the Constitution allows Congress “to promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors to the exclusive Right to their respective writings and discoveries.”
The World Intellectual Property Organization, Intellectual property is the ‘products of the mind: inventions, literary and artistic works, any symbols, names, images, and designs used in commerce’. Intellectual Properties such as Patents, designs, trademarks and copyrights are protected by laws .The US government offers different types of protection for these properties. The Lanham Act (15 U.S.C.A. section 1051 et seq) also known as the trademark act of 1946 provides protection for trademarks. A trademark is defined as a name, a word, a symbol, or device or any combination thereof, adopted and used by a manufacturer or merchant to identify his goods and distinguish them from those manufactured and sold by others. (Miaoulis 1978)
Intellectual property (IP) is defined as property that is developed through an intellectual and creative processes. Intellectual property falls under the category of property known as intangible rights, which includes patents (inventions of processes, machines, manufactures, and compositions of matter), copyrights (original artistic and literary works of), trademarks (commercial symbols), and trade secrets ((product formulas, patterns, designs). Intellectual property rights has a significant value to both individuals and businesses, providing in the case of large companies, over one half of their value on return. Since intellectual property rights are so important to the U.S. economy and its citizens, federal and state law provides protection, for example, civil damages and criminal penalties to be assessed against infringers. Due to the importance of intellectual property to a business, I don’t think that its protection and enforcement is going to be a thing of the past.
There are many reason that why is it important to protect one’s intellectual property. Some of the reason are Creator being accused as a theft, Loss of Reputation, Loss of income, Loss of Asset and Loss of Authority Rights.
We have to remind legislators that intellectual property rights are a socially-conferred privilege rather than an inalienable right, that copying is not always evil (and in some cases is actually socially beneficial) and that there is a huge difference between wholesale piracy'the mass-production and sale of illegal copies of protected worksand the filesharing that most internet users go in for.
All around the world, people connected to the internet are downloading free digital content through P2P file sharing software. Intellectual property rights are being violated as people are downloading free content through P2P (Peer 2 Peer) networks, and illegal websites online. Production companies can’t do anything about that because developers of this type of software can’t be blamed for what people share.
These laws work to differentiate the works that require protection, what needs to be protected and what form of usage can be permitted without a license. Proper enforcement of laws to combat piracy is required so that all stakeholders, regardless of them being the user or the creator can benefit from this protection.
It's important to understand the different software piracy channels, not just to comply with the law but also to protect against bigger economic problems like lost revenue...and lost jobs.
Intellectual property is information, original ideas and expressions of the persons mind that have profitable value and are protected under copyright, patent, service mark, trademark/trade secret regulation from replication, violation, and dilution. Intellectual property includes brand items, formulas, inventions, data, designs and the work of artists. It is one of the most tradable properties in the technology market.