...1190 M/W 1200-155 How Patent and Copyright Laws are Contracting our Economy Patent and copyright laws have played a very intricate role in the United States economy all throughout our history. Most recently, they have played a very crucial role in protecting intellectual property, distinct types of creations of the mind for which a set of exclusive rights are recognized under corresponding fields of law. When the United States put into agreement the North American Free Trade Agreement(NAFTA) , and opened up a lot of our trade barriers with countries all of the world, the key idea was that we were going to begin to change the face of our economy. We were going to do this by profiting off of our intellectual property and enforcing our strong patent and copyright laws around the world while slowly ridding ourselves off our manufacturing base. As the years passed, patent and copyright applications soared through the roof and it seemed as if the idea of intellectual property was working very efficiently. Innovation seemed to be coming from everywhere as there was a high motive to be able to patent or copyright your idea and make heavy profits. This innovation was a crucial part in the rapid expansion of our economy during the 1990’s, but soon this expansion came to a halt. This is heavily due to the fact of the enormous number of patents and copyrights that are being issued: over 240,000 in 2010, which in turn is hindering people’s innovation of new ideas because the groundwork...
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...IP, Patent Trolls and Innovation. If you were privy to the early years of file sharing you may remember waiting happily hours for your favorite music to download. In the end, you might have found that it wasn’t the right song after all or that the quality was less than stellar. Nonetheless, the explosion of Napster in the late 90’s was an exciting time for music enthusiasts since it opened a new technology forum to access music. While the initial firestorm about Napster was related to copyright infringement, a deeper dilemma was unfolding along with this new technology. Napster’s story demonstrates what can happen when an established, powerful industry faces a threat from a new technology that offers more services for a lower cost. Furthermore, it depicts the struggle of burgeoning technologies with established institutions’ copyrights, patents, and intellectual property. Our society continues to explore how to balance the rights of intellectual property while not dampening the emergence of needed disruptive technology. Innovation is the fuel that stokes our economic fire. Yet, with a perceived threat of lawsuits or the attacks of patent trolls, start-ups and venture capitalists may be deterred from investing in areas that are deemed too risky. In the aftermath of Napster, venture capitalists were much less likely to invest in digital music as a result of the decision. In the late 1990’s, the music industry was less than thrilled about Napster. The music industry...
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...------------------------------------------------- TABLE OF CONTENT 1. Intellectual Property (IP) – An Overview 2 2. Intellectual Property Rights And Protection Benefits 3 3. Intellectual Property Categories 4 3.1. Industrial Property 4 3.2. Copyright 7 4. Brief History of IP Law in Malaysia 8 4.1. Intellectual Property Issues In Malaysia 9 5. Business Responsibility in Intellectual Property 11 5.1. IP Help to Keep Your Ideas 12 5.2. IP Protects Business Growth 12 5.3. It’s Easier Than You Think 12 5.4. IP associated with a business 13 6. Positive Impacts of IP on Business Development and Growth 13 7. Negative Impacts of IP on Business Development and Growth 14 8. Benefiting from Intellectual Property Rights 16 9. Conclusions 16 Reference Intellectual Property (IP) – An Overview In general terms, intellectual property is any product of the human intellect that the law protects from unauthorized use by others. The ownership of intellectual property inherently creates a limited monopoly in the protected property. The products of the human intellect that comprise the subject matter of intellectual property are typically characterized as non-rivalrous public goods. Essentially, this means that the same product may be used simultaneously by more than one person without diminishing the availability of that product for use by others. In the words of Thomas Jefferson: "If nature has made any one thing less susceptible than all others of exclusive property, it is the action of the thinking power...
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...Ethics and Intellectual Property Ethical issues regarding intellectual property repeatedly arise in today’s world. Intellectual property (IP) refers to creations of the mind, such as inventions, designs, artistic and literary works, as well as symbols, images, names used in commerce. The law protects IP with patents, copyright, and trademarks, all of which are legal means that are there to assist the creator in protecting unique ideas, inventions, and other non-tangible property and as well as giving the opportunity to receive recognition or financial benefit for what they invent or create (World Intellectual Property Organization, 2014). Intellectual property affords competitive advantages to a company. “Defining IP as an asset aims to provide it the same protective rights as physical property. Obtaining such protective rights is critical as it prevents replication by potential competitors - a serious threat in a web-based environment or the mobile technology sector” (Cohen, 2011). One such case, where patents were violated was a lawsuit brought on by Apple against Samsung. In 2012, a U.S. jury found Samsung guilty on six out of seven accounts of violating patents Apple had filed. Four of the claims were regarding design patents, “related to the appearance of the iPhone (the use of white and black on the devices and the rounded edges on the user-interface icons, which Samsung was found to have violated, and the tablet computer’s rectangular design, which Samsung did not violate)”...
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...Intellectual property rights drive innovation for the greater good Professor Kevin Fandl Legal -210 May 24, 2011 Are intellectual property rights necessary to help drive innovation? Offering protection under the law for one’s own idea or creation fuels interest for those to attempt to bring ideas to life. Some may feel that anything created to benefit society is part of an obligation to mankind. In addition, some feel that contributing to a society in which you are already privileged to live in should be reward enough. Both arguments for profit and simple recognition hold weight. My argument is that both are necessary to drive innovation in society, and that the individual has the right to be recognized and or to profit for any intellectual property they create. Intellectual property as described on the World Intellectual Property Organizations website is defined as, “Creations of the mind: inventions, literary and artistic works, and symbols, names, images, and designs used in commerce” (WIPO, 2011). There are two sections devoted to Intellectual Property industrial property and copyright material. Copyright material may include photographs, paintings’, and written songs for example. Industrial property refers to inventions, patents and trademarks. In the article, the Upside of Intellectual Property’s Downside two arguments are presented. Contrary to my argument that intellectual property does motivate innovation that benefits society, the article shades light on the...
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...organizations come up with new inventions and even innovations or improvement on their current properties. Some companies devise their formulas that have economic value as much as they would come up with new methods and processes. These inventions must not be used by any one wilily-nilly; this calls for laws to protect such innovations and intellectual properties. This has led to copyright laws and property or intellectual rights. A copyright law is a set of rules and regulations that protects a person or organization’s unique creation of invention or innovation against copying and abuse or other forms of illegal usage. The issue is that if a person has used his resources and expertise and knowledge to create a new item, no one must benefit from that item without the authorization of the inventor. In order to avoid illegal usage of another person’s property there is need for legislation to enforce compliance. The use of the property must be done with the authorization of the inventor or the creator. Some people want to be paid for the effort they would have put and the resources they would have used to come up with such an asset. Copyright laws are important because they regularize the usage of a person’s intellectual property. This is essential in business today. In the same category as the copyright laws is the intellectual property right. If there has not been property right and copyright organizations and people would use other people’s property without paying for it. That may also lead...
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...Contents List of abbreviations 2 Index of Authorities 3 List of Statutes 3 List of Cases 3 Aim of the study 4 Review of literature 4 Research Methodology: 4 Hypothesis: 4 INTRODUCTION 5 Intellectual Property Rights and policy 6 Competition Law and Policy 7 CONFLICT BETWEEN IPR AND COMPETITION LAW 9 INDIAN SCENARIO 14 Analysis of Judgments 16 CONCLUSION 20 BIBLIOGRAPHY 21 List of abbreviations AIR - All India Reporter CCI – Competition Commission of India US – United States of America Del – Delhi Bom - Bombay SC – Supreme Court IPR – Intellectual Property Rights GI – Geographical Indication Index of Authorities List of Statutes * The Competition Act; 2002. * The Copyright Act, 1957. * The Patents Act, 1970. * The Trade and Merchandise Marks Act, 1958 or the Trade Marks Act, 1999. * The Geographical Indications of Goods (Registration and Protection) Act, 1999. * The Designs Act, 2000. * The Semi-conductor Integrated Circuits Layout-Design Act, 2000. List of Cases * FICCI Multiplex Association of India v United Producers/Distributers Forum (case No 1 of 2009, CCI) * Reliance Big entertainment Ltd v Karnataka Film Chamber of Commerce, Case No 25 2010. * Microfibres Inc v Giridhar, 128 (2006) DLT 238. * Amir Khan Production Pvt Ltd v Union of India, 2010(112) Bom L R 3778 * Kingfisher v CCI writ petition no 1785 of 2009. * Manju Bharadwaj v ZEE Telefilms Ltd (1996) 20 CLA 229. ...
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...Intellectual Property and Developing Countries Intellectual Property and Developing Countries The World Intellectual Property Organization (WIPO) describes Intellectual property (IP) as creations of the mind: inventions, literary and artistic works, and symbols, names, images, and designs used in commerce. Because Intellectual property is not physical, it poses some difficulty when trying to establish and enforce laws to protect it. The most common ways of protecting Intellectual property are done through patents, trademark and copyrights. Patents and trademark laws protect inventions, trademarks industrial designs, and geographic indications of source (i.e. symbols that specifically distinguish the source of goods); and copyright laws cover literary works, choreography, novels, paintings and architectural designs. Although it is a somewhat controversial issue, I have found that it is very necessary for developing countries to have customized intellectual property laws. These laws will aid in efficiently accessing and sharing of research and technological information, increased innovation, and present a more enticing environment for Foreign Domestic Investments (FDI). Although greatly debated, in the biotechnology and the pharmaceutical industry, strong intellectual property rights are very important and can literally save lives. In China alone stronger IPR laws that prevent counterfeiting could save as many an astronomical number of lives each year. The World Health...
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...The Washington Declaration on Intellectual Property and the Public Interest The Global Congress on Intellectual Property and the Public Interest, August 25-27, 2011, convened over 180 experts from 32 countries and six continents to help re-articulate the public interest dimension in intellectual property law and policy. This document records the conclusions from the Congress and is now open for endorsements and comments at http://infojustice.org/washington-declaration Preamble Time is of the essence. The last 25 years have seen an unprecedented expansion of the concentrated legal authority exercised by intellectual property rights holders. This expansion has been driven by governments in the developed world and by international organizations that have adopted the maximization of intellectual property control as a fundamental policy tenet. Increasingly, this vision has been exported to the rest of the world. Over the same period, broad coalitions of civil society groups and developing country governments have emerged to promote more balanced approaches to intellectual property protection. These coalitions have supported new initiatives to promote innovation and creativity, taking advantage of the opportunities offered by new technologies. So far, however, neither the substantial risks of intellectual property maximalism, nor the benefits of more open approaches, are adequately understood by most policy makers or citizens. This must change if the notion of a public interest...
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...Intellectual Property Rights and Economic growth “Imagination is more important than knowledge” – Albert Einstein Albert Einstein’s preference of imagination over knowledge speaks well to the potential capabilities of enterprises and businesses. If a creative idea is discovered, it can be transformed into innovative products. Innovation is instrumental among other things in creating new jobs, providing higher incomes, offering investment opportunities and curing disease. “There is wide agreement that innovation and entrepreneurial activity are the engines of long-run economic growth” (Hill 63). Intellectual property rights have become a significant factor in both creating and using ideas that are translated into knowledge and inventions to promote innovation and economic growth. Through this paper I will discuss the importance of protecting intellectual property and its impact on economic development. What is intellectual property and IPR’s? “Intellectual property refers to property that is the product of intellectual activity” (Hill 54). It might be a poem that you write, a computer software, a mother’s invention of saline Boogie Wipes for babies or a formula for a new drug. Creators can be given the right to prevent others from using their inventions, designs or other creations and to use the right to negotiate payment in return for others to use them. These are “Intellectual property rights”. They allow the creator or owner of a patent, trademark, or copyright...
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...Intellectual Property Protection Venkata Satyanarayana. Alokam Spring 2016 IST Fundamentals 5500 Wilmington University Intellectual property protection It is a term alluding to manifestations of the acumen for which a restraining infrastructure is allocated to assigned proprietors by law. Some normal sorts of protected innovation rights (IPR) are trademarks, copyright, licenses, mechanical outline rights, and in a few locales competitive advantage like all these spread music, writing, and other aesthetic works; revelations and developments; and words, expressions, images, and plans. Patents A patent is a type of right conceded by the administration to a creator, giving the proprietor the privilege to prohibit others from making, utilizing, offering, offering to offer, and importing an innovation for a restricted time frame, in return for general society exposure of the development. An innovation is an answer for a particular innovation issue, which might be an item or a procedure and for the most part needs to satisfy three fundamental prerequisites: it must be new, not evident and there should be a modern materialness. Copyright A copyright gives the maker of a unique work elite right to it, as a rule temporarily. Copyright might apply to an extensive variety of imaginative, scholarly, or creative structures, or "works". Copyright does not cover thoughts and data themselves, just the structure or way in which they are communicated. Industrial design rights A...
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...[pic] Assignment on Intellectual Property Comparison Between Developed And Developing Countries. Submitted to Fahmida Hasan Senior Lecturer Department of Business Administration Submitted by |Name |ID | |Rajib Kundu |2010-2-10-329 | |Rakib Hasan Rabbi |2010-2-10-300 | |Razuan Ahmed |2010-2-10-071 | |Almahmud |2010-2-10-048 | |Showrav hasin |2010-2-10-074 | |S M Mostafizur Rahman |2010-1-10-092 | Section : 1 Course No : BUS 361 Course Name: Legal Environment of Business Transmittal Letter April 4,2013 Fahmida Hasan Senior Lecturer Department of Business Administration, East West University ...
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...TOPIC: NEGOTIATING AND DRAFTING ENTERTAINMENT CONTRACTS AND THE EFFECTS OF PIRACY OCCASION: 26th Workshop, organised by LawQuest Ltd. PRESENTER: Francis Oseloka Nzekwu Esq. (Head of Legal Unit, National Film and Video Censors Board) VENUE: Alhaji Shehu Musa Yar’ Adua Center, Abuja, Nigeria DATE: 19th – 20th September, 2007 INTRODUCTION Entertainment law is primarily made up of contract law and intellectual property law, the industry covers mostly fields that offer entertainment as a primary product. Fields such as film, music, fine arts, dance, literary publishing, Broadcasting, sports etc. They all share a common interest of profiting from creative works or services provided by artists. Much of work of entertainment law practice is transaction based. Litigations often occur as a result of common and recurring mistakes that are made during negotiations and drafting. In the entertainment industry hundreds of legal relationships are created every day and having a sound knowledge of common issues in the industry is critical in negotiating a deal and drafting a good contract. CONTRACTS IN THE ENTERTAINMENT INDUSTRY Personal Service Agreement (PSA) Promoting a product or a service involves investing a lot of time and money, with the expectation of return on investment. The possibility that the product or service will not achieve the expected success or any success at all introduces a risk factor. A great majority of artists do not have the...
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...Intellectual property law Name: Instructor: Task: Date: INTRODUCTION The foremost objective of this law is to protect the rights of people who come up with original works. These original works run across a very broad spectrum and range from; books like novels, innovative ideas and company logos among others. This law is one of the single most important laws that regulate business environment. This is because it encourages individuals to come up with new technologies and innovations that promote growth to the economy. When an innovative person is assured that their work will be accorded protection enabling them to benefit from it, they will thus be encouraged to continually engage in the production and creation of creative innovations. These creations may subsequently result in job creation, emergence of new technologies, new procedures in the business world that can improve efficiency and finally new ideas that can aesthetically make our surrounding more appealing. There exist three main and most important ways through which intellectual property laws are enforced; these include through patents, trademarks and copyrights. Copyrights protect ideas; they give the owner of the idea fundamental right over the idea. So only the owner can benefit financially from the idea. Patents, on the other hand, deal with the protection of inventions. Trademarks deals with the protection of company logos, this enable all competitors in a given industry to have a unique way of identifying...
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...Phần mực đỏ phải edit lại nội dung The World Intellectual Property Organization (WIPO) I. Definition 1. Definition of INTELLECTUAL PROPERTY 2. Introducing WIPO II. About IP - Why IP is important for business? - Why business membership organizations should provide IP services? III. Types of IP - Copyright - Patents - Trademark - Industrial designs - Geographical indication IV. History and structure of WIPO - The Main Organs - Committees Established by Treaty Provisions - Committees Constituted Under One or More of the Main Organs - Working Groups V. Mission and activities - Mission of WIPO - Activities The World Intellectual Property Organization (WIPO) I. Definition: 1. Definition of INTELLECTUAL PROPERTY - Intellectual property, very broadly, means the legal rights which result from intellectual activity in the industrial, scientific, literary and artistic fields. - Two reasons that countries should have laws to protect intellectual property: + giving statutory expression to the moral and economic rights of creators + encouraging fair trading which would contribute to economic and social development. 2. Introducing WIPO - The World Intellectual Property Organization (WIPO) is one of the specialized agencies of the United Nations (UN) system of organizations. Its complexity results from the relatively long history of the Organization (using that term to cover also the predecessors of the present...
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