Intellectual Property Protection and Enforcement Essay

Intellectual Property law manages the guidelines for securing and authorizing legitimate rights to developments, outlines, and imaginative works. Pretty much as the law secures responsibility for property and land, so too does it ensure the restrictive control of elusive resources. The reason for these laws is to give a motivator for individuals to create inventive works that advantage society, by guaranteeing they can benefit from their works without apprehension of misappropriation by others.

violators. So although some form of a copyright law is needed, the one we have

Although the need to protect R & D investment is recognized, there appears to be a need to modernize the laws around intellectual property. What if the original patent owner is unable to continue development in a timely fashion, or chooses to withhold development of a product? Should the patent remain with the owner for the full amount of time if they are unable or choose not to produce an item that has a significant potential to improve lives, public safety or advance technology? What about

C) intellectual property: Intellectual property is any piece of work that you have created yourself using your own intelligence and creativity. Intellectual property is protected by the law by patents, copyright, and trademarks, which protects the property of the holder by giving the

Article I, Section 8 of the U.S. Constitution provides the federal government with the power to issue patents and copyrights in order “to promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries” (U.S. Const. art. I, § 8). A patent provides the inventor with an exclusive right to “use, license or sell and invention,” (U.S. Const. art. I, § 8), as such the product, service, process or design becomes the personal property of the inventor(s).

It is intended both to provide thumbnail descriptions of the various intellectual property regimes to economists working in this area and to indicate where additional economic research might be useful. The other papers in this symposium provide important examples of ongoing research on the economics of intellectual property. Suzanne Scotchmer analyzes the complex effects of patent protection when innovation is cumulative. Rather than analyzing situations in which several firms vie to develop the same innovation-the approach of the "patent race" literature-her analysis examines circumstances in which only one firm can develop an initial innovation but others can also build upon it. She focuses on how the incentive to develop both the initial and subsequent inventions may be affected by the scope of patent protection. Janusz Ordover considers ways of adjusting the patent system that may help to both provide returns to the inventor, and encourage the diffusion of the innovation in the economy. His paper is part of a line of work that explores the place of the intellectual property system among the large number of institutions that affect the amount and nature of research and development that takes place. In the final paper, David

Legally issued by governments so patented inventions can inspire others and offer advantages because they are available to everyone but all proprietorship rights are reserved.

Intellectual property protects legal rights and ownership in the market place through ‘intellectual property rights’. This can include trademarks, copyright, industrial design and patens. These protect brand names, designs and inventions.

The Leahy-Smith America Invents Act, passed on September 16, 2011, was the most significant reform to the patent system in the United States since the Patent Act of 1952, which redefined the patentability of patent to include being nonobvious in addition to new and useful (1). The demanding need for patent reform had been discussed and debated frequently both within the literature focusing on patent trolls and consistently in Congress with the introduction of many patent reform acts that were never enacted: the Patent Reform Act of 2006 at the 109th Congress, the Patent Reform Act of 2007 at the 110th Congress, and the Patent Reform Act of 2009 at the 111th Congress (2-5). The enactment of the America Invents Act in 2011 after the failure of previous reform attempts signifies its importance in addressing the pressing issues of the United States patent system. The America Invents Acts specifically aimed to confront problems that were impeding innovation: the ever-increasing expense of the patent process, the exploitation of the patent system by patent trolls, and the unnecessary complexity and inefficiency of the patent process as a whole.

In the United States, trademark law does not steam from the Intellectual Property Clause of the Constitution. Congress’ power to regulate commerce empowers its ability to grant monopolies to business with the purpose of protecting consumers, laying the foundation element of use in Trademark. The use requirement is necessary for congress to be able to exercise its power to regulate.

Intellectual property rights grant negative rights to the owner of such rights. Intellectual property is intangible property which serves to safeguard the interest of the owners from infringement. Intellectual property rights are deemed to confer negative rights because render to the owner the right to prevent others from using or exploiting his/ her property. There are basically four types of intellectual property, patents, trademarks, designs and copyright (Harvey, 2009).

The Commerce Clause has historically been viewed as both a grant of congressional authority and as a restriction on states’ powers to regulate. The “dormant” Commerce Clause refers to the prohibition, implied in the Commerce Clause, against states

Intellectual property represents ideas created by minds of humans that require certain rights for their use. Intellectual property gives companies a competitive advantage and attracts the attention of other business partners and investors (Lee, 2016). With such importance, it is necessary for the law to protect these ideas from being used by unauthorized individuals. To shield from this, trade secrets, patents, and copyrights are used to protect the ownership of intellectual property (Legal Information Institute).

The U.S. constitution gave Congress the power to “ promote the devellopment of the useful arts” by granting exclusive rights to inventers for a limited period of time. The purpose of a patent was to assurre the rights of the creators in exchange for not keeping these inventions secret, thus overall knowledge base grows.

There are two important major reforms that the U.S. established, the Economic Espionage Act (EEA) of 1996 and the Theft of Trade Secrets Act of 2012. The U.S. established the EEA of 1996 to protect companies with industrial espionage, theft of trade secrets, fraud, transfer of custody, and penalties on offenses(ECONOMIC ESPIONAGE ACT OF 1996). “The EEA of 1996 is an act that makes theft or misappropriation of trade secrets a federal crime” (LaMance). Activities that are punishable under the EEA of 1996 if the person: