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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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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
In the 1998 Seton Hall Journal of Sport Law Review, Michael J. Mrvica argues that The National Basketball Association v. Motorola represents a type of intellectual property conflict. Intellectual property rights attributes to someone’s rights in intangible things. The intellectual property rights are in Article I, Section 8, Clause 8 of the United States Constitution. The thesis of this article being, “The expansion of intellectual property law, and the rights afforded therein, has created complex litigation.”
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.”
This case study will examine the moral issues of intellectual property rights and the effects they have on society. There are many varying stances on the subject of intellectual property, with people opposing either or both of intellectual property ownership and creative commons for various reasons. Mandatory copyrighting and patenting of inventions and published works has the potential to majorly restrict advancements in science and culture.
Software Patent/Copyright issues are a global concern. Information Technology developments in the last ten years have brought innovation in both Software and Hardware. The rise of the Internet and its users around the world is stretching the frontiers. But these advances in Information Technology came with the easy way to copy software illegally. My research will be focused on the laws that protect the intellectual property in Peru and their effect globally. I will analyze the issue from an ethical perspective in how these laws are right or wrong and my personal opinion for a solution of the problem from different approaches.
Intellectual property is the product of creative thought. Intellectual property law establishes rules for the registration, administration, sale, licensing, and dispute resolution of intellectual property (Stim, 2017). By taking the necessary steps to claim
Intellectual property abounds in our society, it is the direct result of the expression of an idea or other intangible material (Zuber, 2014). Our laws provide rights which are specific to the owner of the intellectual property. Furthermore, intellectual property is protected by laws just like tangible property is protected (Lau & Johnson, 2014). The most widely known forms of intellectual property rights include: trade secrets for confidential information, patents for a process/invention, copyrights for creative items and trademarks for brands (Lau & Johnson, 2014). While these rights may appear very defined, there are times when questions
International AntiCounterfeiting Coalition. (2005). The negative consequences of international intellectual property theft. Retrieved from http://www.iacc.org
Intellectual property consists of the fruit of one’s mind and not one’s hands. The laws of intellectual property protect property that is primarily the result of mental creativity rather than physical effort. When we are thinking about rights of any kind, it is important to remember that society, through laws, decides what rights individuals and communities have with regard to property.
Intellectual property (IP) contributes a great deal to economies. Dozens of industries rely on the ample enforcement of their patents and copyrights, while consumers use it to ensure they are purchasing secure, guaranteed products. IP rights are worth to be protected both locally and overseas. Protection of IP is a non-partisan issue where these rights are embraced by all sectors of industry, consumer groups, labor organizations, and other trade associations we bring together.
Intellectual property rights have made a huge amount of headway towards stopping the illegal things going on, but also have a very long way to go. I believe there will be many more laws and acts to attempt to control especially copyright problems. With the constant growth of technology and equipment it will get harder and harder to completely stop this problem and it will be much more about controlling it.
My aim is to examine certain past cases where a party claimed that their intellectual property was used without consent. Because most things are not black or white, rather a spectrum of grays, patents surely produce positive and negative outcomes. They can potentially block certain individuals’ access to certain essentials who might desperately need them. In economic terms, a deadweight loss exists might exist in economies where patents are implemented by a government. This is a controversial topic, since the firm or individual attempting to defend the patent in question can potentially lose profits due to the copyright infringement. 3D Printing: Cultural Property as Intellectual Property, written by Charles Croning will be one of my essential sources for my paper. His focuses on “how we perceive tangible works of cultural property, and how we resolve disputes over their ownership.” I will investigate the outcome of these cases to a higher degree, as well as, analyze the claims of the opposing
Despite the growing number of disputes involving intellectual property rights, little attention has been paid to their resolution outside courts. The high stakes and the need for a definite and legally enforceable decision have probably kept these matters away from attempts to resolve them through alternate methods of dispute resolution.
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.
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.