...Intellectual Property Law Embry Riddle Aeronautical University Abstract Intellectual property law is vital to protecting the rights of creative individuals and their realized ideas. Most countries around the world protect the intellectual property of authors, inventors, and artists, in some similar form whether it is copyright, trademark, or other sources of protection. The topic of discussion herein explores intellectual property law in America and the protections afforded to unique works and their creators here at home. Research was conducted using web-based resources made accessible to the public by prestigious universities such as UC Berkley and Cornell. The findings revealed a substantial legal framework of protection for authors, creators, and inventors of industrial, literary, scientific, and artistic works. Rights Protected by Intellectual Property Law Intellectual property refers to creations of the human mind: inventions, literary and artistic works, symbols, names, images, and designs used in commerce. Exclusive rights protect the intellectual property and owners under corresponding categories of law. This law encompasses the legalities of copyrights, trademarks, patents, industrial design rights, and trade secrets. Legal property rights are defensible in a court of law, and are further defined by article 9 on the Uniform Commercial Code (U.C.C). To expand on creations of the human mind, intellectual property is further broken down into two categories:...
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...SUMMARY Copyright law, which mostly deals with the author’s right over a particular work against the general public is said to follow the Lockean theory of Labour which states of natural entitlement to the fruits of labour. This forms the basis of the argument and further criticism in the paper titled: ‘Locke, Labour and Limiting the Author’s Right: A Warning Against a Lockean Approach to Copyright Law’. The author, Carys J. Craig forms a basic contention that the Lockean Approach to Copyright law as such focuses only on the rights of the Author in relation to his/her work, while leaving out the important element of public interest. Following the Labour – Desert theory, which plays prominent role in the Lockean Approach, the author argues that...
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...Intellectual Property -Music and Art and Fair Use BUS311: Business Law I (BAI1414A) 4/20/2014 Philosophers have barely taken an interest in the ethics dealing with intellectual property, this despite societies continued debate over “fair use” of copyrighted materials. We justify copy and paste forgoing old set standards of how we give credit for intellectual achievement in lieu of convenience. One has to wonder as technology continues to advance and copyrighting laws become diluted that music and art available via the internet will be of any commercial value. Intellectual Property-Music and Art and Fair Use I. Intellectual Property a. What is IP? b. How has technology affected IP? c. What laws protect IP? II. Music & Art work a. How has broadband changed the music industry? b. How is it so easy to copy and paste someone else’s work? 1. Does citing a source give one the permission to use? 2. What laws govern copyright? III. Fair Use a. What is fair use? b. How does fair use fit with copyright law? c. How does the court know if a use is fair? . IV. Moving forward a. Advancing Technology vs. Copyright laws b. Artistry vs. Commercial reward What is Intellectual Property? Intellectual Property By definition intellectual property IP, is all products derived of human intellect that the law protects from unauthorized usage. Ownership creates a limited monopoly innately...
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...The purpose of this outline is to identify and recognize the Tangible and Intellectual property rights significant to the Information Technology sector. The research should identify what the managers in that industry can do to protect the property rights of the organization, and what the managers in that industry should do to assure that the organization protects the intellectual property rights of others. This will require an understanding of tangible and intellectual property in general, plus research about the tangible and intellectual property issues in the selected industry. Tangible Properties that is significant in the Information Technology sector According to Webster and Dictionary.com Tangible is having actual physical existence, as real estate or chattels, and therefore capable of being assigned a value in monetary terms, capable of being touched, real or actual, rather than imaginary or visionary. According to LAW-531, rEsource Ch 16, Tangible property is the type of property we can see and touch. Delivery trucks, desks, computers, inventory, and the Building and land in which a business is located are all forms of tangible property. Information technology computer hardware includes computers components input keyboards, output screens or monitors, and peripherals including cables, scanners, surge protectors, optical drives, digital imaging equipment, printers, data processing equipment, Fax machines. The IT sector has much to offer in this category...
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...activities is piracy, which has been a plague for most production organizations and individuals as it prevents them from reaping the full benefit of their work. For the giant corporations, the impact might be minimal but for small and medium businesses with less financial power, this could be quite detrimental as it can cut away a great portion of their expected income. In this paper, I will discuss how the global system can be an enabler for illegal activities whether it is cyber-terrorism or piracy of intellectual properties. The focus will be placed on piracy and how it can affects the small and medium enterprises and the legal measures that are being implemented on an international level as well as on the U.S national level to deter it. Works Cited: • Andrés, A. R., & Asongu, S. A. (2013). Fighting Software Piracy: Which GovernanceTools Matter in Africa?. Discusses how the role of government in reinforcing laws protecting intellectual property right and how a key factor such as corruption can affect the government attempts at controlling piracy especially in developing countries. • McManis, C. R. & Pelletier, J. S. (2012). Two Tales of a Treaty Revisited: The Proposed Anti-Counterfeiting...
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...Discuss in detail the copyright law in India vis-a vis the global scenario. Copyright is a form of intellectual property protection granted under Indian law to the creators of original works of authorship such as literary works (including computer programs, tables and compilations including computer databases which may be expressed in words, codes, schemes or in any other form, including a machine readable medium), dramatic, musical and artistic works, cinematographic films and sound recordings. Copyright law protects expressions of ideas rather than the ideas themselves. Under section 13 of the Copyright Act 1957, copyright protection is conferred on literary works, dramatic works, musical works, artistic works, cinematograph films and sound recording. For example, books, computer programs are protected under the Act as literary works. Copyright refers to a bundle of exclusive rights vested in the owner of copyright by virtue of Section 14 of the Act. These rights can be exercised only by the owner of copyright or by any other person who is duly licensed in this regard by the owner of copyright. These rights include the right of adaptation, right of reproduction, right of publication, right to make translations, communication to public etc. Copyright protection is conferred on all Original literary, artistic, musical or dramatic, cinematograph and sound recording works. Original means, that the work has not been copied from any other source. Copyright protection commences...
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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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...Copyright, Intellectual Property, and Innovation Computer Literacy Instructor DATE In today's society, how does copyright, intellectual property, and innovation play a key role in our everyday lives? With today's technological advancements, there are many laws, rules, and regulations that can apply to everyday life. If we are not careful with online behavior, it's possible that we could be breaking several of these laws. The intent of this research paper is to inform the reader of these laws, how to abide by them, and the repercussions if any are violated. Copyright is defined as the exclusive right to make copies, license, and otherwise exploit a literary, musical, or artistic work, whether printed, audio, video, etc.: works granted such right by law on or after January 1, 1978, are protected for the lifetime of the author or creator and for a period of 50 years after his or her death (dictionary.com). On October 28, 1998, so around twenty years later, the Digital Millenium Copyright Act or DMCA was signed into law by President Clinton. This law implemented two World Intellectual Property Organization treaties, but we will discuss that later. The DCMA also addressed several significant copyright related issues. Today, a majority of issues deal with the DCMA as we live in a advanced technical and social web based world. Because of the massive amount of digital media that is available to us, it is important to understand the laws and implications of those laws...
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... PROTECTING INTELLECTUAL PROPERTY RIGHTS IN BANGLADESH: AN OVERVIEW S. M. Atia Naznin1 S. M. Atia Naznin (2011). Protecting Intellectual Property Rights in Bangladesh: an overview. Bangladesh Res. Pub. J. 6(1): 12-21. Retrieve from http://www.bdresearchpublications.com/admin/journal/upload/09251/09251.pdf Abstract In this era of globalization and rapid expansion of world economy, intellectual property and the corresponding rights over intellectual property are crucial to the economic, social and technological development of any country beyond doubt. Globalization also has made the Intellectual property rights a subject matter of international concern. All nations who want to promote and project their development in all aspects must protect the rights over intellectual property by granting legal veil through exclusive enactments. Realizing this fact, all industrialized nations and by now most developing countries of the world have enacted laws for the protection of ‘works of mind’. To comply with the international obligations Bangladesh also has introduced intellectual property rights protection system. This research paper explores to seek how enforcement mechanisms in Bangladesh are intrinsically precious, effective and thenceforth, worth in protecting the rights of IP holders. As an obvious flow of discussion the paper reiterates to look beyond the constraint and formulation of a comprehensive legal framework for IP protection. Key Words: Intellectual property, trademarks,...
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...Contracts and licenses Contracts and licenses are not themselves intellectual property and are generally considered to be a distinct discipline, not part of the same area of law as intellectual property. Nevertheless, contracts are essential to our system of intellectual property. They are the means by which you share intellectual property. Contracts and licenses are the means by which people let their intellectual property out in a controlled way. Importance Normal people interact with contracts on a daily basis. There are contracts for cell phone service, contracts for parking your car, and contracts for starting a job. Each time you pay with a credit card, you are entering a contract. Contracts are also everywhere in the business world. Contracts are used to buy office supplies, arrange loans, sell assets, and enter partnerships. In one way of thinking, the only way for a corporation to interact with the world is through the language of contracts. That is because contracts are just agreements. People sometimes think of “contracts” as something official, whereas “agreements” are something less. This is not the case. Any binding arrangement is a contract under law and will be subject to the legal system. When dealing with intellectual property, we make agreements about how that IP can be used.These agreements, called licenses in this context, are contracts. You see these licenses all the time when you enter the world of software. For consumer-oriented or open...
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...in France Content Intellectual Property Rights in France 3 Introduction 3 I. Copyrights 3 II. Design Law 4 III. Design Patents 4 IV. Trademarks 5 V. How to obtain protection for a design in France? 5 Conclusion 6 References 7 Intellectual Property Rights in France Writing assignment: France is considered as a country where designs are particularly well protected by law. Explain the various legal protections of design in France. (1500 words) Introduction Currently the fashion industry is one of the most important industries in the world. In fact, the fashion business industry represents in the world more than a billion dollar industry with big groups like LVMH and we can emphasize the fact that this industry has no real geographical boundaries. However the legislations to protect designs are different from a country to another one. Today it exists many designers who have their personalized style and are distinctive from each other. Moreover, consumers are able to recognize the different styles and brands offered by these unique designers. The protection of designs varies according the countries and their legalizations, and France is considered as a country where designs are particularly well protected by law. This essay develops the various legal protections of design in France. Copyright, design rights, design patents and trademarks can protect fashion goods in France. I. Copyrights France’s system of copyright protects any “original...
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...Intellectual property is any product of the human creations that the law protects in order to prevent unauthorized use by others. In fact, the ownership of intellectual property certainly creates a limited monopoly in the protected property. Intellectual property rights traditionally consist of four categories, including copyright, patents, trademark, and industrial design. In our daily life, copyright law protects different kinds of original creative works, such as literary works, musical works, film works, and broadcasts. It allows us to share the original ideas, feelings and perspectives to others in the common environment. Since the intellectual property rights are regarded as a means for us, we use our knowledge in creating new things or further improving the original products and works. In this way, our intangible or tangible properties are deserved to protect. For example, an expert develop an smartphone application for the benefit of public, if it becomes popular for a long period, the expert may obtain a property protection by applying a copyright, and makes a guarantee in the smartphones’ application market. There are three important copyright protection requirements, including originality, fixation and qualification. If the requirements are fulfilled, the copyright will become effective. Generally, originality means that an...
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...Zack Fellows Professor Gilliard English 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...
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...Intellectual Property: A Fight for Ideas Park University Intellectual property as defined by the Stanford Encyclopedia of Philosophy “is generally characterized as non-physical property that is the product of original thought” (Moore). According to the World Intellectual Property Organization “the rights in relation to: literary, artistic and scientific works; the performance of performing artist, phonograms and broadcasts; inventions in all fields of human endeavor; scientific discoveries; industrial designs; trademarks; service marks and commercial names and designations; and all other rights resulting from intellectual activity in the industrial, scientific, literary and artistic fields” ("Intellectual Property and Legal Services"). There is a distinct difference between traditional property laws and intellectual property laws. Property laws would give rights to the sole owner of an object such as a car. When the owner is driving the car no one else can drive the car. In regards to intellectual property the law allows other individuals to make use of the idea or invention as long as they have met the requirements, usually in the form of payment for the right. The idea of protecting one’s ideas has deep reaching roots that stretch back to the 17th century. Philosopher John Locke promoted intellectual property law with his idea “that a person should enjoy the fruits of his labor” ("Intellectual Property and Legal Services"). Protection for ideas were spread throughout Europe...
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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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