Debate Paper: Intellectual Property Rights
The world that exists today was built on two things: innovation and the pursuit of one’s self interest. Our founding founders believed intellectual property to be a way to encourage innovation. Intellectual property (IP) is what ties these two building blocks together. IP is a property right that is granted by some form of government. The government strictly enforces individual property rights, which some believe tends to attract more investment, grows faster, and thus has better outcomes for its citizens. Others believe that IP is an intellectual monopoly that controls people’s creativity and imagination. The economists, who believe IP is a necessity in today’s society, say that there are only
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If one spends time coming up with a drug, it is up to them if they want to share it to the world. They believe that there are more important issues rather than making profit like the fact that recreating the drug is effective to the economy and will improve health. That $800 million is an investment in bettering the world. Ao are Intellectual Property Laws necessary for our global economy?
PRO Contentions
IP allows for the rights of the creator to be protected
IP is good for business
Profitability and market stability
PRO (Kaweah): IP allows for the rights of the creator to be protected.
This does not always mean that you came up with the idea, turned it into something, and then had the copyright for it; however maybe you had an idea and then your friend stole your idea and made something of it. This is in violation to your intellectual property rights. If you were to get rid of IP rights for the creator, you could be taking away potential creativity for innovation. Inventors, scientists, people with dreams would all be afraid to express their ideas and have then come into fruition for fear that the work would be stolen, copied and reproduced without credit to the original inventor.
PRO: IP is good for business (Daniel)
According to Dr. Kristina Lybecker, “IP-intensive industries have more than double the sales and capital spending as compared to non-IP-intensive industries. IP-intensive industries sustain greater long-term growth, generate trade
Protection of intellectual property are investments based on acquired knowledge, thought and effort by one or multiple individuals on behalf of themselves, the business they work for when the property is created, and a financial investment. Each of these – acquired knowledge, thought, physical effort, financial investment – have a value that can be attached as it relates the usefulness or importance of the resulting product. That value will have a level of importance to the individual(s) creating the product and if applicable, the investor providing the funds in support of the creation.
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.
An effective system of intellectual property is important in facilitating innovation as well as economic growth within a country and across all its borders (Davidson, Monoti, Wiseman, 2012). The current global economy is concentrating more in the invention of ideas that are original, other than in manufacturing of machines. To enhance and protect these ideas, there ought to be effective intellectual property laws. The government of Australia has prioritized the protection of original ideas from individuals through copyright, patent, and trademarks among other intelligent property laws, which give the inventor a temporary period to enjoy the financial benefits of his or her original idea. The major purposes of intellectual property laws can be contested; therefore, they create areas of interest for
Intellectual property (IP) refers to the creation of something original and then is protected via copyrights, patents or trademarks. If the usage of these creations is breached, for example, usage without consent from the original
What is Intellectual Property (IP) and how does counterfeit merchandise impact the U.S. economy? There are two types of property that can be reproduced copy right and industrial property. Intellectual property is anything that comes from the mind or thought. Copyright products could include but are not limited to music, movies, computer software, name brand products, and general items. Industrial property can include inventions, discoveries or trademarks.
Considering the monopoly problems stated above, do patens truly encourage or hinder the innovations? This is a controversial issue that has received the significant attention from academic community, innovators and law makers. Is a patent an intellectual property or monopoly? Finding the answer to this question could never end due to the current patent laws. Intellectual property encourages “innovations by increasing the rewards of discovery, but it does so my granting a monopoly in the event of discovery” (Lakdawalla & Philipson, 2012, p. 151). It is safe to say that awarding someone the exclusive right to ownership of something is giving an individual a coin that has property and monopoly on either of its sides.
The benefits of WTO membership are more often than not authored by the developed nations, in favor of the developed nations. PHD Stephan Hall gives a great example of how issues that interest the wealthier nations of the world seem to dominate the WTO agenda year after year. Hall states, "While liberalization of trade in manufactured goods has seen rapid progress, industrialized countries have resisted demands to open markets for the agricultural goods that many developing countries export" (Hall, 2004) Hall continues, "the industrialized countries have pushed for provisions ensuring the protection of intellectual property. While the Agreement on Trade-Related Aspects of Intellectual Property Rights is designed to spur growth by protecting the revenues of innovators, it limits in practice the transfer of technology to developing countries. This has been of particular concern in the area of pharmaceuticals (Hall, 2004).
American businesses are losing up to an estimated $60 billion each year in the global market from intellectual property violations. The problem continues to grow as more American companies invest overseas, and more products consist of intangible or intellectual property. American companies face more than just economic challenges: if losses of intellectual property rights continue to go unchecked, businesses may choose not to make foreign investments, customers may be injured, and innovation discouraged.
Cipla should look to protect their patents on particular medications and explains why rules governing intellectual property rights in industrialized nations should not apply to poorer countries.
International protection of the vital interests of the countries involved in the development of enterprises, and the relationship between national intellectual property rights. In the late 1980s, facing recession, the United States dropped its international competitiveness because its intellectual property rights could not be protected in the world, that its biggest competition in the economic resources and with the advantage of technology and invention, effective protection of intellectual property rights is critical to the US economy overseas.
Advise the client as to all intellectual property issues it ought to consider prior to proceeding with geological expansion and franchising.
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
Intellectual property rights will remain a part of international trade agreements in the future, but the global activity will likely be characterized by varying standards and improved enforcement, reflecting evolution in social, cultural and political attitudes, and a deeper understanding of the relationships among innovation, creation and the more efficient distribution of intellectual property. Increased cooperation might occur at the governance level. Many of the fast and unprecedented changes in intellectual property law and policy over the past two decades are due to their intersection with international trade and the numerous international trade agreements negotiated and brought into force
Regarding regulatory concerns for instance, the fundamental self-reproducing nature of transgenic substances, particularly seeds, makes it rather difficult for traditional intellectual property rights to efficiently protect the proprietary interests of inventors and investors within the agricultural biotechnology space. Thus, the need for suitable protection and appropriation systems for new technologies, remains a principal challenge to sustaining rapid advances in biotechnology (Oguamanam, 2005).
As the era of technology and new innovations allows people to share ideas at a moments notice the need for laws to protect people’s ideas and inventions need to keep up. These laws are called intellectual property rights (IPR) and can include patents, copyrights, trademarks, process design and in some case trade secrets which differ from other types of IPR. This means that a company could create a monopoly on an idea that would give them a right to punish people by law if they copied that idea. For most of these forms of IP such as a patent and trademark require the idea holder to submit their process for creating the idea and documentation proving ones claim, however for copyright according to federal law any original work that is publically produced protects the rights of the creator. This is good for most people because it ensures their work can not be copied but some people who share information with the public actually want it to be free for all to know and use it without someone being able to profit off of it.