Intellectual Property
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
Why Protect Intellectual Property
“Protecting your intellectual property is crucial to your business.” (Hinson, 2014) When business have intellectual property that is going to be popular or helpful in advancing there business, they have to take measures to ensure that the ideas or prototypes are protected from other that may steal the intellectual property. In the United States, many laws or safeguard steps have to be followed in order to preserve the intellectual property. A business owner has the right to protect the intellectual property, because the failure to do so could result in demise of the business itself.
Patents
“A patent is an intellectual property right granted by the Government of the United States of America to an inventor “to exclude others from making, using, offering for sale, or selling the invention throughout the United States or importing the invention into the United States” for a limited time in exchange for public disclosure of the invention when the patent is granted.” ("Patents," 2014) There are three types of patents, utility, design, and plant. Utility patents protect useful process, machines, article of manufacture, and composition of matter. Design patents pro...
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References
Barnes, D. W. (2011). Congestible intellectual property and impure public goods. Northwestern Journal of Technology and Intellectual Property, 9(8), 533. Retrieved from http://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=1152&context=njtip
Department of commerce, United States Patent and Trademark Office (2014). Patents. Retrieved from website: http://www.uspto.gov/patents/
Gordon M Snow (Chair) Assistant Director Cyber Division, Federal Bureau of Investigation. Intellectual property law enforcement efforts. (2011). Statement before the senate judiciary committee, Washington, D.C. Retrieved from http://www.fbi.gov/news/testimony/intellectual-property-law-enforcement-efforts
Hinson, C. (2014). How and why to protect your intellectual property. Retrieved from http://www.alllaw.com/articles/intellectual_property/article5.asp
(7) Hall B. Patents and Patent Policy -. 2007. The 'Secondary' of the 'Secondary' of the 'Secondary' of the 'Secondary' of the 'Secondary' of the 'Secondary' of the 'Secondary' of the Morse H. SETTLEMENT OF INTELLECTUAL PROPERTY DISPUTES IN THE PHARMACEUTICAL AND MEDICAL DEVICE INDUSTRIES: ANTITRUST RULES. Allison JR, Lemley MA, Moore KA, Trunkey RD. Valuable patents. Geol.
Define and explain the following: copyrights, trademarks, and patents. Compare the three and provide an example of each. This paper will be non-graded, but it is still highly recommended that you complete this assignment for increased practice and self-improvement.
In the United States, local, state, and federal law enforcement agencies, including FBI, Department of Homeland Security, among others, have taken on roles to fight computer crimes and terrorism. The roles and responses of these law enforcement agencies concerning digital crime have created challenges that limit enforcement efforts against digital crime.
As the Rise of cyber crimes grew so did the FBI’s influence on the growing technology.
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
The average American can create their own business without government intervention. The U.S government protects large and small businesses, if it is required. The government protects intellectual property not just in the u.s, but also “…international intellectual property protection…” (uspto). With this in mind, Americans invent groundbreaking technological advances.
A patent is an exclusive right granted for an invention, which is a product or a process that provides, in general, a new way of doing something, or offers a new technical solution to a problem. To get a patent, technical information about the invention must be disclosed to the public in a patent application. The product or process must be inventive or novel and be of public utility (be of use to the public). Some examples of sports patents are sports and training equipment such as bobsleds, aquatic wheelchairs, racquets, starting block assemblies, stop-watches, golf clubs and gym equipment. Patent protection gives the creator exclusive rights over the use of the patent.
Intellectual Property (IP) Rights (IPR) is adequately secured in Singapore. The common refrain from shareholder to shareholder is due to the respect and the protection towards IP; hence intellectual property can be easily located in Singapore. An investor has to adhere to several generic principles in order to have an adequate management of intellectual property rights in Singapore. Firstly, it is vital to have an overall strategy to protect it. Secondly, intellectual property rights are secured differently in Singapore than in the United States. Thirdly, an investor has to register and enforced intellectual property rights for the companies under local laws in Singapore. Companies may wish to seek advice from local attorneys or IP consultants to understand more about IPR, along with the importance of protecting and having one. The U.S. Commercial Service can provide a list of local lawyers upon request.
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, word, symbol, or device or any combination thereof, adopted and used by a manufacturer or merchant to identify its goods and distinguish them from those manufactured and sold by others.
International AntiCounterfeiting Coalition. (2005). The negative consequences of international intellectual property theft. Retrieved from http://www.iacc.org
Because of its intangible nature, and particularly the increase of the digital domain and the internet as a whole, computers and cyber piracy make it easier for people to steal many forms of intellectual property. Due to this major threat, intellectual property rights owners’ should take every single measure to protect their rights. Unless these rights are either sold, exchanged, transferred, or appropriately licensed for use in exchange for a monetary fee, they should be protected at all cost. In order to protect these rights, the federal and states governments have passed numerous laws and statutes to protect intellectual property from misappropriation and infringement. “The source of federal copyright and patent law originates with the Copyright and Patent ...
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.
A patent is the registered, exclusive right of an inventor to make, use and sell his or her invention for a limited period provided that full disclosure of the invention is made.
They are a type of intellectual property, similar to trademarks and copyrights. A patented invention is stamped with the word patent, and a number assigned to the patent. Some are marked with the location of the patent for example ‘China Patent’ and a number, indicating it was patented China. One item can be covered by more than one patent, as in the case of a laptop. After a patent application is submitted, a candidate is allowed to mark a product patent pending, but that does not convey any legal protection. It is illegal to mark an item as patented if it doesn’t have a patent.
The global community must learn that there are steps that can be taken to prevent these kinds of crimes from being committed and support efforts to combat cybercrime. Works Cited The “Combat Cyber Crime.” Homeland Security. http://www.dhs.gov/combat-cyber-crime>. “Computer Crime and Intellectual Property Section.”