April 19, 2022

Why Intellectual Property Law

The argument that an intellectual property right (in order to better balance relevant private and public interests) should be called an intellectual monopoly privilege (IMP) has been advanced by several scholars, including Birgitte Andersen[84] and Thomas Alured Faunce. [85] According to Jean-Frédéric Morin, “the global intellectual property regime is currently undergoing a paradigm shift.” [24] Until the early 2000s, the global IP regime was dominated by high standards of protection characteristic of IP laws from Europe or the United States, with the vision that the uniform application of these standards would take place in each country and in various fields without taking into account social values, cultural or environmental or national level of economic development. Morin argues that “the emerging discourse of the global intellectual property regime calls for greater policy flexibility and better access to knowledge, especially for developing countries.” The Development Program adopted by WIPO in 2007 adopted a set of 45 recommendations aimed at adapting WIPO`s activities to the specific needs of developing countries and reducing distortions, in particular on issues such as patients` access to medicines, Internet users` access to information, farmers` access to seeds, programmers` access to source codes or students` access to scientific articles. [25] However, this paradigm shift has not yet manifested itself in concrete legal reforms at the international level. [26] The common law did not recognize intellectual property rights. Judge Brandeis shared this belief in his dissent with International News Service v. Associated Press: “The general rule of law is that the noblest of all human productions—knowledge, established truths, notions, and ideas—becomes as free as air for general use after voluntary communication with others.” Until recently, the purpose of IP law was to provide as little protection as possible to encourage innovation. It states that “if copyright were a natural right, there could be no justification for terminating that right after a certain period of time”. [75] “If nature has made one thing less sensitive to exclusive property than all others, then it is the action of mental force called an idea that an individual can possess exclusively, as long as he keeps it to himself;; But the moment it is revealed, it forces itself into everyone`s possession, and the recipient cannot expropriate it. Its special character is also that no one possesses the least, because everyone possesses the whole. He who receives an idea from me receives instruction himself without diminishing mine; how he who lights his rejuvenation on mine receives the light without darkening me. [102] If you think you have intellectual property booming for a career in this area of law to take shape, why not consider a Master of Laws (LLM) in intellectual property? Overall, the weight of existing historical evidence suggests that patent policy, which grants strong intellectual property rights to early generations of inventors, may discourage innovation. On the contrary, policies that promote the dissemination of ideas and amend patent laws to facilitate market entry and promote competition can be an effective mechanism to promote innovation.

[92] Finally, the enforcement of intellectual property implies the protection of the owner of intellectual property against unlawful uses. This can lead to litigation in the Federal Court. In 2013, the U.S. Patent and Trademark Office estimated that the value of intellectual property to the U.S. economy was more than $5 trillion, creating jobs for about 18 million Americans. The value of intellectual property is considered to be just as high in other industrialized countries, such as those of the European Union. [44] In the UK, intellectual property has become a recognised asset class for financing pensions and other types of corporate finance. However, in 2013, the UK Intellectual Property Office stated: “There are millions of intangible business assets whose value is not exploited at all or only unintentionally.” [45] Except as expressly provided by government law, designs are not protected as intellectual property. The three broadest segments of an IP practice are consultation, protection and enforcement. Advice to clients focuses on how best to protect the intellectual property that the client owns or wishes to develop. In trademark law, the lawyer conducts research on the trademarks offered by the client and advises the client on availability.

In cases where a customer has already invested time, energy, and money, and a previous use is in a similar industry, conversations with a customer may involve changing or even abandoning the customer`s brand. In the case of the patent attorney, the attorney must have technical training to better understand the client`s patent and assess its validity or likelihood of patent infringement. Overall, intellectual property law is the legal protection of creative property ownership. However, the term actually encompasses several different areas of creation with commercial value – such as artistic works, patents, industrial processes and the forms of protection associated with them, whether trademarks, trade secrets, copyrights, patents or licenses. These exclusive rights allow intellectual property owners to benefit from the property they create, which constitutes a financial incentive to create an investment in intellectual property and, in the case of patents, bears the associated research and development costs. [41] In the United States, Article I, Section 8 reads as follows: Article 8 of the Constitution, commonly referred to as the patent and copyright clause; “Congress has the power to `promote the progress of science and the useful arts by guaranteeing authors and inventors for a limited period of time the exclusive right to their respective writings and discoveries.`” [42] “Some commentators, such as David Levine and Michele Boldrin, deny this justification. [43] A copyright gives the author of an original work exclusive rights to it, usually for a limited period of time. Copyright can apply to a wide range of creative, intellectual or artistic forms or “works”. [33] [34] Copyright does not extend to ideas and information themselves, but only to the form or manner in which they are expressed. [35] Products of the human intellect that encompass the subject matter of intellectual property are generally characterized as non-competing public goods. Essentially, this means that the same product can be used by more than one person at the same time without reducing the availability of that product for use by others.

Third, the field is an excellent example of the global problem that legal and political economists are trying to solve. Intellectual property has been dominated by conversations about efficiency for many years – in fact, it is the economy itself that allows us to talk about so-called “IP”. A few decades ago, we would have talked about copyright, patent law and trademark law as separate areas. They still are – completely – but they are often connected in courses via “IP”. And we need to understand how changes in this area of law can help make our world more just, egalitarian and democratic. Much of the academic work I do goes in this direction. I look forward to saying more about this in the coming weeks. The main purpose of intellectual property law is to promote the creation of a variety of intellectual property. [9] To do this, the law grants individuals and businesses property rights over the information and intellectual property they create, usually for a limited period of time. This gives an economic incentive to their creation, because it allows people to benefit from the information and intellectual goods they create. [9] These economic incentives should stimulate innovation and contribute to countries` technological progress, which depends on the level of protection afforded to innovators.

[10] Intellectual property law has been criticized for failing to recognize new art forms such as remix culture, whose participants often technically violate these laws, for creating works such as anime and other music videos, or for being subjected to unnecessary burdens and restrictions that prevent them from expressing themselves fully. [105]:70[106][107][108] Criticism of the concept of intellectual property ranges from the discussion of its imprecision and abstract excess, to direct disputes, to the semantic validity of the use of words such as property and rights in a way that contradicts practice and law. .


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