Intellectual Property Protection and Enforcement

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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.
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 ...

... middle of paper ... thing less susceptible than all others of exclusive property, it is the action of the thinking power called an idea, which an individual may exclusively possess as long as he keeps it to himself; but the moment it is divulged, it forces itself into the possession of every one, and the receiver cannot dispossess himself of it.” (Jefferson, 1813).

Works Cited

Cheeseman, H., (2013). Business law: legal environment, online commerce, business ethics, and international issues. (8th ed.), (pp. 168-205). New Jersey: Pearson Education.

Jefferson, T., (1803). Thomas Jefferson letter to Isaac McPherson. Retrieved from http://rack1.

Yeh, B., (2012). Intellectual Property Rights Violations: Federal Civil Remedies and Criminal
Penalties Related to Copyrights, Trademarks, and Patents. Retrieved from http://www. sgp/crs/misc/RL34109.pdf

In this essay, the author

  • Explains that license agreements can help remedy ip infringement, but the challenges are the evolution of the information era and enforcing universal ip laws to protect these rights.
  • Opines that ip owners don't want to license their intellectual property because they owe their corporation and business' success to this data.
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