Ethics and Intellectual Property
Intellectual property (IP) is the meant to protect the creations of the mind, such as inventions for trademarks (sign, design or expression), patents (mechanics, pharmaceuticals, and chemistry), and copyrights (books) used in commerce. By definition it is an intangible property, the product of human ingenuity, protected by law (Johnson & Lau, 2011). Intellectual property needs to be protected for the consumer and for the industries competitiveness. The government and the federal laws can protect intellectual property. The regulations for intellectual property may be far fetching, but they are there for valid reasons. There needs to be a proper balance between content producers and the public good. Those
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One reason is for inventors and corporations to have an advantage over another company. The products and ideas need to be protected from duplication from competing businesses and inventors (GIPC, 2009). Intellectual property motivates economic growth and creates competitiveness in people and business (GIPC, 2009). In this day and age people are always looking for the next best thing and if anyone was able to create the identical item as another company then there would be a rush to market on many items that are the same and there would be less need for protection. In reality this can also create jobs and grow a local community that recently fell on hard times (GIPC, 2009). The protection of intellectual property rights help purchasers in making well-rounded and knowledgeable decisions on the products safety, reliability, and effectiveness of their purchases (GIPC, …show more content…
When these regulations were first set they was no cell phones, Internet, digital media, and computer chips in cars. With arguments being made about the ability to resell books that someone has purchased overseas, it is infringing on the right to sell for the publisher (Reynolds, 2013). If a person purchases a car and they want to perform the maintenance on the vehicle it can make the warranty on the vehicle void, as the person has potentially encrypted the computer data in the system (Reynolds, 2013). A person placed a patent on the process of unlocking cell phones, so every time someone unlocks the device they are potentially breaking the law of the patent (Reynolds, 2013). There is a world of people that think if great ideas, but does that make it ok for someone to trademark a phrase that many people use, I do not think
Intellectual property is a legal field that refers to creations of the mind such as musical, literary, and artistic works; inventions; and symbols, names,
Before college, when I heard about lawyers I only ever thought of one thing, the bar exam, and how awful it must be to prepare and take such a test. Now, moving steadily through the senior year of my undergraduate degree, my aspirations are quite different than what they were before college. With my changing goals, being a lawyer is now a profession that I wish to be a part of in the not too distant future. Specifically, I am aspiring to work in Intellectual Property Law. This form of law deals with protecting tangible and intangible creations of clients. These tangible and intangible creations range from inventions to symbols and often require being an expert in specific fields, such as industries, the arts, or science (Wilson, 2016).
Chapter eight of Ethics and Technology: Controversies, Questions, and Strategies for Ethical Computing by Herman T. Tavani is about intellectual property disputes. Tavani defines intellectual property as an intangible form of property that is protected by a system of laws through which authors and inventors are given ownership rights over their creative works and inventions. There are four legal frameworks for protecting intellectual property. The first of these is copyright laws. Copyright laws protect authors. An author can also be an individual or an entity such as an organization or corporation. The first United States copyright law was created in 1790 and protected books, maps, and charts. As newer forms of media were developed, copy right protection has extended to them also. In 1980 copyright laws were amended to include computers, programs and databases that exhibit authorship. In order for something to be protected with copyright laws it must be original, nonfunctional, and also fixed in a tangible medium. The second legal framework is patents which protects individuals who create an invention or process. Patent laws require that inventions be useful, novel, and nonobvious. The third legal framework is trademarks. A trademark is a word, name, phrase or symbol that identifies a product or service. To qualify for a trademark the mark should be distinctive. The last legal framework for protection is a trade secret. A trade secret is highly valuable
Adequate enforcement of trademarks, patents, and copyrights are heavily relied upon by industries across the economy. Consumers also rely on intellectual property to ensure the safety and quality of products. The brand connotes a level of quality. Strong IP rights help consumers to make an educated, confident choice about the safety, effectiveness, reliability, and authenticity of their purchases. In addition, “IP-intensive” industries account for 18.8%, 27.1 million, American jobs as of 2010 and provide economic stability. IP workers earn about 30% more than their non-IP industry counterparts. The IP industry creates and supports high paying jobs and can drive economic growth. IP laws support innovation and enable companies to have an advantage over their competitors. Economies that do not maintain protection for innovation provide companies with no incentive to innovate. Innovation typically requires significant investment in research and development that they may not be willing to undertake if protections are not there. In developing countries that distribute counterfeit goods and have weak IP rights, the working conditions tend to be poor with low levels of pay, workers may be exposed to health and safety risks, and there is high
It is necessary to protect ones own individual ideas and everyone has a right to intellectual properties. So intellectual property rights are protected under the law and if any one feels that their patent or their
If we do some digging we can find out that the intent of patents is to incentivize innovation by giving a prize to the effort placed in the innovation (Kinsella, 2010) but when we try to pass by innovation changing our webpage logo (Rosoff, 2011) we know something is not working properly. Of course we need to protect the inventors and incentivize them to produce new technology, but we also need to start thinking on the greater good and how those inventions, served through globalized networks can improve everyone lives.
In today's modern business environment, one in which competition is not limited by national borders and technology allows millions of people access to new products, the senior management structure of any successful corporation must be adept at utilizing and exploiting intellectual property laws. Conceiving and conceptualizing a new idea, and creating a viable item for public consumption from that inspiration, has always been the hallmark of energetic and efficient companies. With the advent of the internet and the subsequent interconnectedness of globalization, however, it has become increasingly important that original ideas, goods, and services are protected through the exclusive rights granted by the trademark process. Citing the spread of internet technology and its marked effect on business practices, an article in The New Yorker recently observed that "fewer than ten thousand tech industry trademarks were registered in the United States as of 1980, but in 2011 more than 300,000 of these trademarks have been obtained" (Colapinto, 2011).
Copyrights, Trademarks, and Patents have too much overreaching and unmonitored power of subjects that could be considered as general knowledge from the public and that we need new laws to help monitor and protect others rights. In the modern age the internet has become a daily part of our lives and yet some people claim rights to things that we as people should all have rights to. There has been some recent controversy concerning React World and there Trademark of there video format known as the react format and the issue with the happy birthday song and how you must pay just to sing a jingle. Out of the several billions and billions of people on the planet earth that was living, is living, or will be living there are still some that believe that for some reason they have more rights and more power than the rest of us and that is inconsiderate, inhumane, and unjust.
Intellectual property is a work that an individual or entity creates. This property may include things such as books, music or ideas. Copyright laws protect musical and literary intellectual creations. This applies whether the authors created the pieces for personal, artistic or business applications. Copyright law assigns ownership to a work, which the owner can then license other individuals or entities to use.
There must be a balance between the developer of the intellectual property and the interest of the public. Intellectual property is already a big business among companies. Expanding the monopolies has the effect of allowing companies to negotiate and cross-licensing technology. Microsoft, as recently reported on the Wall Street Journal, is looking to expand the licensing of its technologies, after successfully licensing some video decoders to open source groups.
Intellectual Property refers to any original creative work manifested in a substantial form that can be protected. When an intellectual property right is mentioned, it refers to controlling the manner in which intellectual property is used, distributed or accessed. The intellectual property right is enforced by the World Intellectual Property Organization which is an organ of the United Nations. The organization holds that intellectual property rights are those rights that a person has over their own mind creations (Bagheri and Casprini 33-34). The World Intellectual Property Organization gives the creators exclusive rights over the use of their creation for a given period of time. This essay will focus on the history, how intellectual property and computing technology work together, the different forms of IP and protecting them.
To fully foster innovation, intellectual property protection is crucial. If protection is lacking, than businesses and individual would not fully benefit from their inventions and could possibly refrain from research and development. Intellectual property drives economic growth and competitiveness. “The direct and indirect economic impacts of innovation are overwhelming, accounting for more than 40% of U.S. economic growth and employment” (GIPC, 2015, para. 3). Intellectual property contributes tremendously to our national and state economies. IP accounts for 74% of all US exports, which amounts to nearly $1 trillion. It is also important for consumers. Solid IP rights assist consumers in making choices about the safety, effectiveness and reliability in their purchases.
Firstly, with laws to protect intellectual properties, it prevent and stop other companies from commercially using the protected intellectual properties in the marketplace, allowing the owner company to control the usage of their original
The World Intellectual Property Organization (n.d.) helps one understand the importance of protecting intellectual property. They have spelled out several reasons of this importance including inventing new works in technology and culture, which allows progress to be made that, can be utilized worldwide. In addition, the legal protection of intellectual property encourages the commitment of additional resources for further modernization. Finally, promoting and protecting intellectual property encourages economic growth. It creates new jobs and industries. Protecting intellectual property also enhances the quality and
There is such a legal concept as "intellectual property". Intellectual property is defined as the creation of any intellectual innovation by an individual such as musical, literary, and artistic works; discoveries and inventions; and words, phrases, symbols, and designs. The law provides him exclusive rights to this innovation and is strictly against theft or plagiarism in any way. Innovators can safeguard their property by one or more of the following: copyright, trademarks, patents, industrial design rights and in some jurisdictions trade secrets.. Copyrights, patents, and trade secrets are each authored by different Offices. Each is based on the Laws of Commerce. (LII. Intellectual property). Cultural attitudes, in fact, esteem words and knowledge above that of certain other property, since knowledge is something that cannot be as easily duplicated as, for instance, an article of common furniture can. To illustrate the veneration that contemporary society accords intellectual invention, software is more expensive and valuable than hardware sink the