Intellectual Property Rights: Article Summary
The article details the various forms of intellectual property protection, the disadvantages of intellectual property protections, and why it is still beneficial to have such protections as a means to guard the ownership and use of other peoples inventions. The main forms of intellectual property protection are trade secrets, copyrights, trademarks, patents, and knowhow agreements. Different forms of intellectual property protection work in different ways. For instance, trade secrets involve withholding information from the public with the aim of gaining a technical edge over the competition. On the other hand, patents grant monopoly rights to an inventor by preventing others from selling, using, or making a technology for a specified time period.
Critics of intellectual property protection hold that such protections slow down the use or advancement of technologies as developers have to obtain legal permission to use or adapt protected technologies. However, intellectual property protections have some crucial benefits. They ensure that inventors can make returns on their investments, particularly for inventions around biotechnology, science, and other arenas that have to do with products meant for human consumption, where developers assume extremely high liability risks. This encourages inventors to keep developing new ideas and discoveries for public benefit. The passage of the Bayh-Dole Act in 1980 opened avenues for researchers to protect ideas advanced in their research works through patents, options, and licenses that compel universities to offer some revenue-sharing incentive before researchers can disclose the same (Patino, 2009).
Based on the Bayh-Dole Act, a researcher can obtain a patent for novel ideas in their research work. The Patent Law 101 stipulates that one...
…improving the lives of cancer patients. The non-governmental organization is seeking to develop an education and cash transfer program to assist families with children suffering from cancer in the target area. Through the partnership, the research firm will carry out an experimental study to determine whether the supplementation of cooking salt with iodine helps prevent cretinism among cancer patients in the area (McChesney & Lieberman, 2022). The research firm could apply to obtain a patent for the research findings. However, the patent application would fail the scope test if other publications showing the effect of iodine supplementation on cretinism in iodine deficient areas exist. At the same time, the patent application may be successful if the research firm can show that such supplementation works better to prevent cretinism among children with cancer, than adults, because…
References
McChesney, A., & Lieberman, H. (2022). Iodine and iodine deficiency: A comprehensive review of a re-emerging issue. Nutrients, 14(7), 3474.
Patino, R. (2009). Intellectual property rights and research disclosure in the university environment: Preserving the commercialization option and optimizing market interest. Journal of the American Association for Laboratory Animal Science, 48(2), 138-143.
Intellectual Property and Corporate Espionage Corporate espionage is an illegal activity though it is on rise in industrial settings. Organizations consider it as one of the techniques to increase their market share and beat the competitor. Various laws have been approved to combat these practices on domestic and international levels. Violation of these acts can result is heavy fines and suspension from business sector. The advent of information technology has revolutionized the
However, the rights have some confinements incorporating the limitations and other considerations of issues like their contradiction with the fundamental rights and the codified provisions in force. The legal issues involving intellectual property rights have two dimensions. Firstly, those that provide exclusive rights only in the sphere of copying / reproduction of the item or act safeguarded and secondly, those which provide a right to deter others from doing
The WIPO Copyright Treaty significantly takes on some of the elements of the Berne Convention. For patens and other industrial property protection treaties, there are similar challenges in attempting to create a common denominator among the different national legislations. From this point-of-view, the Paris Convention takes over some of the roles fulfilled by some of the previously mentioned conventions. As a multilateral convention, it is important to create a minimum
The right to distribute is one thing, the right to the idea is another. It is quite possible that the Internet itself has spawned this idea of intellectual property as separate from tangible property in a quite real way. By viewing the Internet itself as basically intangible, in essence you cannot see the Internet only the result that is given on the screen, certainly has something to do with starting
Intellectual Property for Pre-Owned Boat Sales Boat World plans on selling pre-owned boats purchased in Florida to newly emerging yachting, jet-ski, and small boat enthusiasts in Saudi Arabia. Given the demand for cheaper alternatives to new jet skis, boats, and cruisers/yachts that exists in the country and the relative lack of any supplier or retailer meeting this demand, it is believed that such a business venture will be highly profitable. Unfortunately,
In the contemporary cyber environment, innovation does not enhance success. For example, most patents such as songs and books receive low rewards. The author suggests that there is a need to make rules to enhance the bargain of intellectual property owners. Part 2 In the contemporary cyberspace and it world, the traditional copyright law has not been sufficient to protect intellectual property right in the face current development of computer and
Our semester plans gives you unlimited, unrestricted access to our entire library of resources —writing tools, guides, example essays, tutorials, class notes, and more.
Get Started Now