Intellectual Property vs Physical Property

In: Computers and Technology

Submitted By angelojc
Words 529
Pages 3
Intellectual property differs from physical property Tangibility- You don’t have control over physical item Excludability- You can’t exclude others from use Non-rivalrous consumption- You can still use it even if stolen

Purpose of IP is to encourage progress by giving ownership rights to owners for their discoveries
Western IP is an INCENTIVE MECHANISM -what other ways can people be encouraged to innovate?

3 Major Justifications For IP Rights Utilitarian- incentive to promote common good (Thomas Jefferson) Economic- takes effort and doesn’t worsen anyone (John Locke) Moral-Authors have moral right toput themselves into work (BerneConvention)

Publishers of information have moral right to claim ownership of their work and protect it from deformation, mutilation, or other modification

Cases Against IP Rights * Why should one person have the rights to posses and use information when that information can be used in many places at once and not be consumed? * People pirate b/c they believe restricted access to information is unjustified

Types of Rights
Copyright: protects expression
Applies to Literary works, Musical, pictoral, graphic, scultural, motion pictures, sound recordings, architectural, computer software Five Rights
1.Right to reproduce 2. Right to adapt it or derive other works 3. Right to distribute copies 4. Right to display publicly 5. Right to perform publicly
Also Restricted
-You can’t copyright an idea, only your expression of it (ex.Einstein can copyright his article explaining general relativity, but he can’t copyright the ideas that make up the theory)
-Copyrights expire. 70 years after author’s death or 95 after publication
-Once you purchase an expressive work, you have the right
-Allows for limited use from users without permission from publishers

Patents: Useful, new ideas
-Grants…...

Similar Documents

Intellectual Properties

...• The intellectual propriety refers to the creations of mind such as names, inventions, artworks, literary works, music compositions, and commercial designs. There are two major categories of Intellectual Propriety (IP): 1. Industrial Propriety: trademarks, inventions (patents), and designs, etc. 2. Copyrights: musical works, novels and books, photographs, movies, etc. Intellectual propriety rights (IPR) grant the holders to exercise a monopoly on the use of product/creation/idea for a limited period of time. For most of companies, IPR is the only way to protect their products and compete in the worldwide market. Same as the companies, IPR encourage inventors to develop new technologies and ideas. • IPR infringement has reached a critical level in many countries. The sectors mostly hit by this phenomenon are software houses, luxury companies, music/movie industries, and pharmaceutical products. Illegal downloading of software, music, movies, and imitations & counterfeit products became one of the biggest problems for all these sectors which lead to large loses in terms of income. • The countries most affected by IPR infringements are China, North Korea, Russia, Brazil, and India. According to the Business Software Alliance, in China, 79% of the software and 85-90% of music records have been pirated. Issues: • There are two major problems related to IPR infringements for the companies: the loss in income and the loss of reputation/image. • The piracy......

Words: 661 - Pages: 3

Intellectual Property

...Intellectual Property Overview© Patents, copyrights ,and trademarks are all examples of protections of intellectual property (IP) Intellectual property has many definitions, but is usually considered to be information having commercial value and original products of the mind. Intellectual property isn’t tangible, but can be protected by the law. Intellectual property is not an item that was invented, but the thought process and plans that allowed the item to be invented and manufactured. Intellectual property is not the clothing that is sold in stores, but rather the brand name that represents the quality and style of the clothing. Patent and trademark laws have been in effect in the United States for more than 200 years. The purpose of such laws is to promote science and the arts by allowing inventors and authors/creators exclusive use of their product for a limited time. The United States Patent and Trademark office (USPTO) is a federal government agency under the Department of Commerce, which examines and issues patents and registers trademarks. Protection under intellectual property laws is a mainstay of the United States’ economy and industry, allowing products to be invented, new uses to be found for existing products, brands to built, and jobs to be created. Patent is defined as an exclusive right to the benefits of an invention or improvement granted by the U.S. Patent Office, for a specific period of time, on the basis that it is novel —not previously known or......

Words: 538 - Pages: 3

Intellectual Property

...Intellectual Property What is intellectual property? What do intellectual property laws define? What are the categories of intellectual property protections? What international treaties are in place for protection of U.S. intellectual property? Intellectual property is any creation produced by a person’s mind that has some form of commercial value, such as brand names, films, literary works, and graphics. In addition, intellectual property laws define the rights of ownership to the creator of the intellectual property. For instance, organizations as well as individuals can claim ownership of creative ideas, much like physical property. However, protection varies depending upon which of the five categories the intellectual property belongs. The first category of intellectual property protection is copyrights, which provides the original author with exclusive rights to publish, produce, reproduce, and sell his or her work. The second category is patents, which prevents someone from using, selling, or producing an invention without the inventor’s explicit permission. The third category is trademarks, which identify specific goods or products and their trade origins, such as Duracell for batteries. The fourth category is service marks, which identify services. The final category of intellectual property is trade secrets, which are details that businesses keep secret to give them a competitive edge. Unfortunately, without intellectual property laws organizations and......

Words: 257 - Pages: 2

Intellectual Property

...Legal Issues of E-Business and Intellectual Property LAW/421 Intellectual property is the key factor in e-business, and without it e-business could not properly function. Intellectual property is an umbrella term that groups trade names, trademarks, domain names, patents and copyrights. Similar to traditional business, trade names and trademarks, used in the virtual world, is normally ruled by the same laws and standards. Although domain names’ function differently from trade names and trademarks, they are still subject to the same laws and guidelines as trade names and trademarks. The use of trade names, trademarks, and domain names in e-business is subject to the regulations of each country in which the e-business operates (Burke, 2002). Although e-business has the ability to offer secure purchasing transactions combined with immediate verification and confirmation of credit card transactions, there are still some risks that are involved regarding ethical and legal issues. In e-business there are many ethical and global issues relating to Information Technology. E-businesses use log files which extracts information on how visitors use a site. This process is known as web tracking. Companies use cookie analysis and tracking software to track an individual’s movement (Burke, 2002). Each tracking record is stored on the individuals PC’s hardware, and whenever the individual revisits the website, the system becomes aware of it.......

Words: 521 - Pages: 3

Intellectual Property

...Intellectual Property Intangible rights protecting the products of human intelligence and creation, such as copyrightable works, patented inventions, Trademarks, and trade secrets. Although largely governed by federal law, state law also governs some aspects of intellectual property. Intellectual property describes a wide variety of property created by musicians, authors, artists, and inventors. The law of intellectual property typically encompasses the areas of Copyright, Patents, and trademark law. It is intended largely to encourage the development of art, science, and information by granting certain property rights to all artists, which include inventors in the arts and the sciences. These rights allow artists to protect themselves from infringement, or the unauthorized use and misuse of their creations. Trademarks and service marks protect distinguishing features (such as names or package designs) that are associated with particular products or services and that indicate commercial source. Patent A patent secures a sole right for a limited period of time to prevent others from using the invention commercially. This sole right represents a key competitive advantage and serves to protect the assets produced by corporate research and development. The actual drafting of a patent application is decisive for the extent of the protection obtained. We possess expertise in all fields of technology. Trademark A trademark often represents a substantial asset and......

Words: 309 - Pages: 2

Intellectual Property

...Allison Morein BA 446 November 27, 2013 Mr. Drell Intellectual Property Since the beginning of time people have put their knowledge and creative to use to design all sorts of products. Since then, the creators have worked to protect their creations and ideas from others who want to take them. Creators have gone to great measures to protect their works. One famous, extreme case of this is of Shah Jahan, the emperor who built the Taj Mahal. Folklore has it that the emperor had the hands of his craftsmen cut off so that they could never create another monument such as that one. In today’s world we have laws to protect all types of intellectual property. Intellectual property is divided into four parts: patents, copyrights, trademarks, and trade secrets. A patent is defined as a government authority to an individual or organization conferring right or title, especially the sole right to make, use, or sell some invention. It grants property rights on inventions and excludes those other than the patent holder from making, selling, or using the invention. There are three types of patents: utility, design, and plant. A utility paten is the most common type and covers any process, machine, article of manufacture, or composition of matter. A design patent covers any new, original, and ornamental design for an article of manufacture. A plant patent covers any new variety of asexually produced plant. A design patent lasts 14 years while a utility or plant patent lasts 20......

Words: 2048 - Pages: 9

Intellectual Property

...Intellectual Property: Protection WC Jones CIS 324 Computer Ethics Intellectual Property: Protection The two problems that I would most likely come across in my profession would be unauthorized copying and sharing. We live in a world where it only takes time for a code, security measure, or restriction to be hacked. I have come to terms that stopping it completely is next to impossible but I could put measures in place where it would take someone a very long time to figure out how to bypass protection in hopes of deterring people not to do so. The first measure would be to have registration and activation on software. This process would have the information of the owner and the machine that is installed on. Another thing to be considered is instead of making the physical disc I would distribute for sale online where customers would have a digital locker that would only give them permissions to install the program and not be able to make a copy. If there was a need to make physical disc it would have to run on a hardware dongle. Digidesign, the makers of ProTools uses this concept and calls it iLok. (support iLok, 2012) Digidesign’s iLok houses all of the customer’s authorizations and activation keys and needs to be connected in order to use software I believe these would be the steps to take in order to limit unauthorized copies and sharing. The hardware dongle would be a big key because even if the software was copied somehow it would prove to be......

Words: 285 - Pages: 2

Intellectual Property a Violation of Real Property

..."Intellectual Property" a Violation of Real Property By memenode on 10 Nov 2009 Unless you really want to believe in something you know is a lie you probably wont be inclined to believe people who express inconsistent ideas. Free Software or Open Source Software have been typically attacked by people who do appear to believe quite strongly in property ownership. If you create something, they would argue, then you are entitled to control it. How else are you gonna get compensated for it? I of course agree to this extent, but I don't quite agree with the typical progression of this argument which sees the fact that most Free Software is given away or distributed under terms which allow free copying and sharing to be an affront to this right to compensation. Ignoring for the moment the fact that the software developer still gets to choose whether to distribute under those terms (something (s)he'd be able to do to a large extent even if copyright was abolished today), this argument fails to take into account the fundamental nature of software which excludes it from the possibility of being owned, unless you consider a program as one with the medium. Software cannot exist on its own. It always needs a medium. Software are simply arrangements of ones and zeros represented one way or another by physical properties of a medium such as micro or nanoscopic dents in a compact disk. If you consider software as distinct from the storage media or memory in which it remains you're......

Words: 439 - Pages: 2

Intellectual Property

...Intellectual Property Stephanie Brandon MGT320 The Legal and Ethical Environment of Business Dr. Rogers November 10, 2013 Abstract This will be a short essay describing intellectual property (IP). The writer will explain the need for protection and ethical issue that may arise when IP is involved. Intellectual Property A thought or an image made into a creation others to use is a fitting description for intellectual property (IP). Just as any other property, IP needs protection from the evil of the world. Unfortunately, there is always someone waiting to profit from another person’s hard work and dedication. In order to protect IP the law provides patents, copyrights, trademarks, as well as trade secrets. Some people believe that providing protect creates a monopoly and want to shorten the term, in which a product is protective. The law benefits the creator and the consumer; it does create a monopoly but only for a short time in order for the creator to profit. Once the term of protection expires the consumer can then take the product and make improvements and even buy it cheaper. Without protection people would choose not to share their creation or invention, which would cause poor economy growth. Due to the laws of protection for IP, many lawsuits are filed each day. These types of lawsuits could last for years. A lawsuit that has lasted for a few years is Apple Inc. vs. Samsung; the lawsuit between the two electronic companies began in April 2011.......

Words: 731 - Pages: 3

Intellectual Property

...lawsuit. Because of the nature of Google's business, it would be wise for them to employ a team of individuals that are dedicated to adherence of the law when it comes to intellectual property. This will help mitigate the risk of Google of being accused of infringements, and lawsuits in the future. INTELLECTUAL PROPERTY, ETHICS, SECURITY Intellectual property includes patents, trademarks, and copyright. The laws on intellectual property protect the rights of any individual that produces an original work. These laws are crucial to the success of any economy, especially the entrepreneurial spirit of the United States. When people create, or invent new things they want to be assured that they can be protected by the law and enjoy the fruits of their labor. By protecting these individuals, it encourages them to create and invent new things. Bill Gates and Steve Jobs are perfect examples. If the law did not protect their inventions, anyone could copy their creations and Apple and Microsoft may not exist in the capacity that many Americans enjoy today. The Founding Fathers believed that intellectual property was so important, that it was included in the Constitution. From an ethical standpoint, stealing other people's ideas and passing them off as your own is wrong. By not enforcing intellectual property rights, it inhibits innovation and the world may not enjoy the products of creativity like penicillin, computers, and even the opportunity to "Google" something to......

Words: 1061 - Pages: 5

Intellectual Property

...Intellectual Property 12/05/12 Music Piracy in the US Counterfeit, piracy, bootleg, or stealing, these are some of the many terms associated with the unauthorized dissemination and distribution of copyrighted music. For over five decades, the music industry in the United States has had to grapple with the effects of such activity. The Copyright Act of 1909 was the first granting exclusive rights to copyrighted music. The Berne Convention for the Protection of Literary and Artistic Works was created in 1886 and governs international copyrights. As technology evolved, the music industry was altered in profound ways. Globalization has created a smaller world where information and goods are shared at a pace faster than ever before. With this vast advancement in technology, the way society accesses and purchases music has created a whirlwind of problems for the music industry. New innovations have pitted a war between the new generation and the music industry; each blaming the other for the ills created. There have been many debates in the legal arena as to just what is “legal” when it comes to modern digitalized music. Where are the lines drawn? Can there be compromise, or must the music industry engage in a complete overhaul and settle for fewer profits? The answer is as varied as the very music that is at the center of debate. If one were to look back at the history of music players, we would end in 1877. It was that year that Thomas Edison first invented the......

Words: 3117 - Pages: 13

Intellectual Property

...Intellectual Property and Copyright Infringement Laws Kaplan University November 7, 2014 Numerous organizations utilize cost management (CM) strategies in various ways. For instance, CM strategies are utilized when planning to implement new tasks, as a business model and to perform daily business transactions. During the planning stage, the costs are applied to the task and management must approve the costs before completing the tasks. Once all the costs are calculated, recorded and management approves the process; they continuously observe the project and the cost to ensure the strategy is in accordance with the CM strategy. On the other hand, once the task is completed to fulfill the business goals, the cost that were predicted are evaluated against the actual costs. The CM strategies will help keep the company’s budget under control to increase profitability at the same time. It is also imperative that organizations use a cost management strategy that will fit with the business requirements and processes before deciding to implement new projects. Organizations implement cost management strategies by creatively thinking of methods that will help the company maintain a competitive advantage and to meet consumer demand. Unfortunately, some cost management strategies may cause implications to arise when an organization increase production investments or violate several ethical laws. Some implications that may arise involve an increase in supply costs, the......

Words: 588 - Pages: 3

Intellectual Property

...Intellectual Property: A Fight for Ideas Park University Intellectual property as defined by the Stanford Encyclopedia of Philosophy “is generally characterized as non-physical property that is the product of original thought” (Moore). According to the World Intellectual Property Organization “the rights in relation to: literary, artistic and scientific works; the performance of performing artist, phonograms and broadcasts; inventions in all fields of human endeavor; scientific discoveries; industrial designs; trademarks; service marks and commercial names and designations; and all other rights resulting from intellectual activity in the industrial, scientific, literary and artistic fields” ("Intellectual Property and Legal Services"). There is a distinct difference between traditional property laws and intellectual property laws. Property laws would give rights to the sole owner of an object such as a car. When the owner is driving the car no one else can drive the car. In regards to intellectual property the law allows other individuals to make use of the idea or invention as long as they have met the requirements, usually in the form of payment for the right. The idea of protecting one’s ideas has deep reaching roots that stretch back to the 17th century. Philosopher John Locke promoted intellectual property law with his idea “that a person should enjoy the fruits of his labor” ("Intellectual Property and Legal Services"). Protection for ideas were spread throughout......

Words: 2008 - Pages: 9

Intellectual Property

...considered as an important intellectual property (IP) asset. Trade-marks can also comprise the emblem (logo) of the company, the shape of an object, as well as a signature. Use of marks to indicate ownership of goods was particularly important for owners whose goods moved in transit, as those marks often allowed owners to claim goods that were lost. Producers often relied on identifying marks. Trademarks are often associated with a company's reputation or goodwill, and many companies have a brand name, which is associated with high quality etc. Different kinds of Trademark and Trademark symbols There are three basic types. Ordinary marks are words and/or symbols that distinguish the goods or services of a specific firm. Certification marks identify goods or services that meet a standard set by a governing organization. Distinguishing guise identifies the shaping of wares or their containers, or a mode of wrapping or packaging wares. TM for an unregistered trademark; SM for an unregistered service mark; for a registered trademark or service mark. Registration processes of trademark Trade-mark registration usually involves: A preliminary search of existing trade-marks; An application; An examination of your application by the Trade-marks Office; Publishing of the application in the Trade-marks Journal; Time for opposition (challenges) to the application; and Allowance and registration (if there is no opposition). INTELLECTUAL PROPRIETY The......

Words: 462 - Pages: 2

Intellectual Property

...Intellectual property is consist of your ideas, inventions, and creations in the industrial, scientific, literary and artistic fields. It can also consist of the symbols, names, designs and models used by your business. Having a dispute resolution clause can happen at any time and in any situation. Having a dispute resolution clause helps saving time, money and painful litigations. It also helps preserve the relationship between the parties involved. To solve these issues, a dispute resolution clause is important including a litigation regarding Intellectual Property. These clauses help you protect your intellectual property, it protects the company and the employees, and protect the company against any legal litigation regarding the intellectual property rights. In order for the company to have a better idea of the intellectual assets it owns, it is recommended that an intellectual property audit is done. This will help identify the kind of assets that are important for the business and that you need to protect. Things to consider when inventorying intellectual property in your workplace are the types of IP: * Patents Protect inventive, functional and design ideas. * Copyright protects original works of expression, although not the underlying ideas. * Trade secrets- any form of valuable information or technology and that it has economic value. * Trademarks Marks and symbols to distinguish origin of the goods and services of a provider from those of ...

Words: 329 - Pages: 2