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Impact of intellectual property theft
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The theft of intellectual property has been a pain in the neck since it started happening. It is simply unfair for someone to spend a lot of time and money into an idea and a process and then, have it stolen from them. There are a few solid Intellectual Property Rights laws in state and between nations; however, there is always room for improvement.
If we look at ways to improve intellectual property rights one by one then the following solutions should be taken into account. Under copyright, some U.S works need to become protected or better protected. An example of works or industries that need to be better protected are; the Motion Pictures industry, Sound Records industry, Business software applications and Entertainment software. These industries loose millions of dollars due to lack of protection. A few laws need to be made to protect all traditional and new work. An example of this would be the “Hoodia” case in Africa. There is a lot of knowledge that people from older generations knew before of newer generations. This knowledge should be able to be protected by law somehow. Some of the terms for the protection of copyrighted works need to be extended and there are still too many burdensome procedural formalities.
The article entitled “Integrating Intellectual Property Rights and Development Policy”, also suggests that, “Internet users in developing nations should be entitled to fair use rights such as making and distributing printed copies from electronic sources in reasonable numbers for educational and research purposes, and using reasonable excerpts in commentary and criticism. Where suppliers of digital information or software attempt to restrict “fair use” rights by contract provisions associated with the distribution...
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...l of International Marketing , 9-32.
Lemley, M. A. (2012). The Economics of Improvement in Intellectual Property Law .
Manta, I. D. (2011). THE PUZZLE OF CRIMINAL SANCTIONS FOR INTELLECTUAL PROPERTY INFRINGEMENT. Harvard Journal of Law & Technology , 24 (2), 482-492.
OseiTutu, J. J. (2013, June). A Sui Generis Regime for Traditional Knowledge: The Cultural Divide in Intellectual Property Law. FIU Legal Studies Research Paper Series .
Oseitutu, J. J. (2012, June). Value Divergence in Global Intellectual Property Law . FIU Legal Studies Research Paper Series , 1656-1658.
Tutu, J. J. (2013, November). Private Rights for the Public Good?
Xuanguo, X. (2013, November). Intellectual Property Rights Protection through Criminal Justice in China, Current Situation and Prospects. Retrieved from World Intellectual Property Organization: http://www.wipo.int/portal/en/index.html
Over the past decade the societal view of creative society has greatly changed due to advances in computer technology and the Internet. In 1995, aware of the beginning of this change, two authors wrote articles in Wired Magazine expressing diametrically opposed views on how this technological change would take form, and how it would affect copyright law. In the article "The Emperor's Clothes Still Fit Just Fine" Lance Rose hypothesized that the criminal nature of copyright infringement would prevent it from developing into a socially acceptable practice. Thus, he wrote, we would not need to revise copyright law to prevent copyright infringement. In another article, Entitled "Intellectual Value", Esther Dyson presented a completely different view of the copyright issue. She based many her arguments on the belief that mainstream copyright infringement would proliferate in the following years, causing a radical revision of American ideas and laws towards intellectual property. What has happened since then? Who was right? This paper analyzes the situation then and now, with the knowledge that these trends are still in a state of transformation. As new software and hardware innovations make it easier to create, copy, alter, and disseminate original digital content, this discussion will be come even more critical.
According to our textbook, “Real property constitutes land and all things permanently attached to it (i.e. a house, a tree or coal below land). Intellectual property such as copyrights, patents and trademarks is personally owned but generally treated as a separate form of property by the law. Personal property is characterized by its portable nature; it can be carried from place to place (i.e. tangible personal property or intangible personal property)” (Roger, 2012).
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
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.”
13. Fan Zhang and Dennis Xie, Chinese Copyright Protection Has Storied History, Strong Future, http://www.sourcetrix.com/docs/Whitepaper-China_Intellectual_Property.pdf
Robbert Van Ooijen. "Why Piracy Is Good For Innovation." 'hypebot' N.p., n.d. Web. 23 Apr. 2014.
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.
...y as people and government have increasingly invested large sum of money to new media. According to UNCTAD (2010), new media does have a great potential in the global market. It is then worth noting that even though new media is becoming more and more important and popular, the intellectual property rights should still be respected.
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.
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.