Financial incentive, these exclusive rights, allow owners
of intellectual property to benefit from the property.
They have created providing a financial incentive for the
creation of an investment in intellectual property.
And in case of patents, pay Associated research and
development costs in the United States, Article 1 Section 8
Clause, 8 of The Constitution commonly called the patent.
And copyright Clause reads, the Congress shall have power to
promote the progress of Science and useful Arts by securing for
limited times to authors and inventors the exclusive right to
their respective. Of writings and discoveries some
commentators such as David Levine and Michelle bull dream
dispute. This justification in 2013 the
United States patent and trademark office.
Approximated that the worth of intellectual property to the US
economy is more than U s-- five trillion dollars in creates
employment. For an estimated 18 million
American people. The value of intellectual
property is considered similarly high in other developed Nations.
Such as those in the European Union.
In the UK IP has become a recognized asset class for use
in pension Funding and other types of business finance.
However, in 2013, the UK intellectual property office
stated there are millions of intangible business assets.
Whose value is either not being leveraged at all or only being
leveraged inadvertently economic growth, the weep o treaty and
several related. International agreements
underline that the protection of intellectual property rights is
essential to maintaining economic growth.
The weep o intellectual property.
Handbook gives two reasons for intellectual property laws, one
is to give statutory expression to the Moral and economic rights
of creators in their creations and the rights of the public and
access to those Creations. The second is to promote as a
deliberate Act of government policy.
Creativity in the dissemination and application of its results
in to encourage Fair trading, which would contribute to
economic and social development. The anti-counterfeiting trade
agreement, a CTA states that effective enforcement of
intellectual property rights is critical to sustaining economic
growth across all Industries and globally.
Economists estimate that two-thirds of the value of large
businesses in the United States. Be traced to intangible assets.
IP intensive, Industries are estimated to generate 72% more
value-added, price - material cost per employee, the non IP
intensive Industries, a joint research project of the weep o
in the United Nations, University measuring the impact
of Ip systems on six Asian countries, found a positive
correlation between the strengthening of the IP system,
and subsequent economic growth morality according to article,
27 of the universal Declaration of Human Rights.
Everyone has the right to the protection of the A moral and
material interests resulting from any scientific literary or
artistic production of which he is the author.
Although the relationship between intellectual property
and human rights is a complex one.
There are moral Arguments for intellectual property, the
arguments that justify intellectual property fall into
three major categories personality theorists believe.
Intellectual property is an extension of an individual
utilitarians. Believe that intellectual,
property stimulates social progress, and pushes people to
further Innovation, lock-ins argue that intellectual property
is just Five based on deserve nice and hard work.
Various moral justifications for private property.
Can be used to argue in favor of the morality of intellectual
property such as natural rights Justice argument.
This argument is based on Locke's idea that a person has a
natural right over the labor and products, which are produced by
their body appropriating. These products is viewed as
unjust, although lock had never explicitly stated that natural
right. Applied to products of the mind,
it is possible to apply as argument to intellectual
property rights in, which it would be unjust for To misuse
another's ideas. Locke's argument for,
intellectual property is based upon the idea that laborers have
the right to control that which they create, they argue that we
own our bodies, which are the labourers this right of
ownership, extends to what we create.
Thus, intellectual property, ensures this, right?
When it comes to production, utilitarian pragmatic argument.
According to this rationale, a society that protects private
property is more effective in prosperous than societies that
do not Innovation and invention in 19th century.
America has been attributed to the Men of the patent system by
providing innovators with durable and tangible return on
their investment of time, labor and other resources intellectual
property rights seek to maximize social utility.
The presumption is that they promote Public Welfare by
encouraging the creation production and distribution of
intellectual Works utilitarians argue that without intellectual
property. There would be a lack of
incentive to produce new ideas systems of protection.
Such as intellectual property optimized social utility
personality argument this argument Is based on a quote
from Hegel. Every man has the right to turn
his will upon a thing or make the thing.
An object of his will that is to say to set aside the mirror
thing and recreate it as his own European intellectual property
law is shaped by this notion that ideas are an extension of
oneself and of one's personality personality.
Theorists argue that by being a creator of something.
One is inherently at risk and vulnerable for having their
ideas and design, stolen, enter altered intellectual property
protects these moral claims that have to do with personality
Lysander Spooner, 10:55 argues that a man has a natural and
absolute, right? And if a natural and absolute
then necessarily A Perpetual right?
Of property in the ideas of which he is the Discover or
creator that is right. Of property.
In ideas is intrinsically the same as and stands on
identically. The same grounds with his right
of property and material things that no distinction of principle
exists between the two cases, right?
Arraign Rand argued in her book, capitalism, the unknown ideal
that the protection of intellectual property is
Essentially a moral issue, the belief is that the human mind
itself is the source of wealth and survival in that all
property at its basis intellectual property to violate
intellectual property is therefore no different morally
than violating other property rights, which compromises the
very processes of survival and therefore constitutes an immoral
act infringement, misappropriation and enforcement
violation of intellectual property, rights called
infringement, with respect to patents copyright and trademarks
and misappropriation with respect to trade secrets.
Maybe a breach of civil law or criminal law, depending on the
type of intellectual property, involved jurisdiction, and the
nature of the action. As of 2011, trade in
counterfeit, copyrighted, and trademarked Works was a six
hundred billion dollars industry worldwide and accounted for five
to seven percent of global trade patent infringement patent
infringement typically is caused by using or selling a patented
invention without permission from the patent holder.
For example, from the patent owner, the scope of the patented
invention, or the extent of protection is defined in the
claims of the Anton patent. There is Safe Harbor.
In many jurisdictions to use a patented invention for research.
This Safe, Harbor does not exist in the u.s. unless the research
is done for purely philosophical purposes or in order to gather
data. In order to prepare an
application for regulatory approval of a drug.
In general patent, infringement cases are handled under civil
law, for example, in the United States but several jurisdictions
incorporate infringement and criminal law.
Also for example, Argentina China, France, Japan, Russia,
South Korea, copyright infringement copyright
infringement is reproducing Distributing displaying or
performing a work or to make derivative Works without
permission from the copyright holder, which is typically a
publisher or other business representing or assigned by The
Works Creator. It is often called piracy while
copyright is created, the instant of work is fixed
generally the copyright holder can only get money damages.
If the owner registers, the copyright enforcement of
copyright is generally the responsibility of the copyright
holder, the active Trader, agreement signed in May 2011, by
the United States, Japan, Switzerland, and the EU and
which is not entered into Force requires that it's parties at
criminal penalties, including incarceration, and fines for
copyright, and trademark infringement and obligates, the
parties to actively police for infringement, there are
limitations and exceptions to copyright, allowing limited use
of copyrighted Works, which does not constitute infringement
examples of such doctrines are the fair use and fair dealing
Doctrine, trademark infringement trademark, Mark infringement
occurs when one party uses a trademark that is identical or
confusingly, similar to a trademark owned by another party
in relation to products or Services which are identical or
similar to the products or Services of the other party.
In many countries a trademark receives protection without
registration but registering a trademark provides legal
advantages for enforcement infringement can be addressed by
civil litigation and in several jurisdictions under criminal law
trade secret, misappropriation trade, secret misappropriation.
Is different from violations of other intellectual property laws
since by definition, trade secrets are secret.
While patents and registered copyrights and trademarks are
publicly available in the United States.
Trade secrets are protected under state law and states have
nearly universally adopted the uniform Trade Secrets act.
The United States also has federal law in the form of the
economic Espionage Act of 1996 18, USC sections, 1831 to 1836
9, which makes the theft or misappropriation of a trade
secret, a federal crime. Law contains two Provisions
criminalizing to sorts of activity, the first 18, u.s.c.
section, 1831. A criminalizes the theft of
Trade Secrets to benefit foreign powers.
The second 18, USC section, 1832, criminalizes their theft
for commercial or economic purposes.
The statutory penalties are different for the two offenses
in Commonwealth, common law, jurisdictions confidentiality,
and trade secrets are regarded as an equitable, right?
Rather than a property, right? But penalties for theft or
roughly the same as in the Did States criticisms.
The term intellectual property criticism of the term
intellectual property ranges from discussing.
Its vagueness and Abstract over reach to direct contention to
the semantic validity of using words like property and rights.
And fashions, that contradict practice, and law.
Many detractors. Think this term specially serves
the doctrinal agenda of parties opposing reform in the public
interest or otherwise abusing related legislations and that it
disallows. Intelligent discussion about
specific and often, unrelated aspects of copyright patents
trademarks at Her free software Foundation, founder Richard
stallman argues that although the term intellectual property
is in wide use. It should be rejected all
together because it systematically distorts and
confuses these issues and its use was and is promoted by those
who gain from this confusion, he claims that the term operates as
a catch-all to lump together, disparate laws, originated
separately, evolved differently, cover different activities, have
different rules, and raised different public policy issues.
And that it creates a bias by confusing these monopolies with
ownership of limited physical things, likening them, Um to
property rights, stallman Advocates referring to
copyrights patents and trademarks in the singular and
warns against abstracting disparate laws into a collective
term. He argues that to avoid
spreading unnecessary bias and confusion.
It is best to adopt a firm policy not to speak or even
think in terms of intellectual property.
Similarly, economists bouldering and Levine prefer to use the
term intellectual Monopoly as a more appropriate and clear,
definition of the concept, which they argue is very dissimilar
from property rights. They further argued that
Stronger patents, do little or nothing to encourage Innovation.
Mainly explained by its tendency to create Market monopolies.
Thereby restricting, further Innovations, and Technology
transfer on the assumption that intellectual property rights are
actual rights. Stallman says that, this claim
does not live to the historical intentions Behind these laws,
which in the case of copyright served as a censorship system,
and later on a regulatory model for the printing press that may
have benefited authors. Incidentally, but never
interfered with the freedom of average readers still referring
to copyright. He Sites legal literature such
as the United States Constitution and case law to
demonstrate that the law is meant to be an optional and
experimental bargain to temporarily Trade property
rights and free speech for public.
Not private benefits in the form of increased artistic production
and knowledge. He mentions that if copyright
were natural, right? Nothing to justify terminating
this right. After a certain period of time
law, professor writer and political activist Lawrence
lessig along with many other copyleft and free software
activists has criticized the implied analogy with physical
property. Land or an automobile.
They argue such an analogy fails because physical property is
generally rivalrous. While intellectual works are
non-rivalrous, that is if one makes a copy of a work, the
enjoyment of the copy, does not prevent enjoyment of the
original other arguments. Along these lines claim that
unlike the situation with tangible property, there is no
natural scarcity, of a particular idea or information.
Once it exists at all, it can be reused and duplicated
indefinitely without such reuse diminishing.
The original Stephan kinsella has objected to intellectual
property. 30 on the grounds that the word property implies
scarcity which may not be applicable to ideas.
Entrepreneur and politician record, falkvinge and hacker.
Alexander Oliva, have independently compared, George
Orwell's, fictional dialect. New speak to the terminology
used by intellectual property supporters as a linguistic,
weapon to shape public opinion, regarding copyright debate and
DRM alternative terms in civil law jurisdictions intellectual
property has often been referred to as intellectual rights
traditionally. A somewhat broader concept that
has included moral rights and other Personal protections that
cannot be bought or sold use of the term.
Intellectual rights has declined.
Since the early 1980s, as use of the term, intellectual property
has increased alternative terms, monopolies on information and
intellectual Monopoly have emerged.
Among those who argue against the property or intellect or
rights assumptions. Notably Richard stallman the
backrooms intellectual protectionism and intellectual
poverty whose initials are also, IP, have found supporters as
well, especially among those who have used the backronym digital
restrictions management. The I meant that an intellectual
property rights should in the interests of better balancing of
relevant private and public interests be termed an
intellectual Monopoly. Privileged.
I am P has been Advanced by several academics, including
beardy to Anderson and Thomas L yard fonts.