The Concept of Intellectual Property

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Introduction

Intellectual property (IP) refers to the creations of the mind such as inventions, artistic and literary works, symbols, designs, names, and images that are used in commerce. IP is protected by law through patents, trademarks, and copyrights which enable people to earn recognition or derive financial gains from what they have created. By striking a balance between the interests of the inventors and the general public, the IP system aims to create an environment where creativity and innovation can flourish (Chong et al., 2019). Copyright is the term that is applied to describe the rights of the creators over their artistic and literary works. It covers items such as books, music, films, sculptures, computer programs, paintings, advertisements, maps, and technical drawings (Chong et al., 2019). The patent refers to the exclusive rights that are given to an invention. It gives the inventor the right to decide if their work can be used by others or not. Lastly, a trademark is a sign that distinguishes the goods or services of one enterprise from those of the competitors. However, infringement of the IP can have devastating effects on the society and economy of a country.

International and domestic counterfeits markets have adverse effects on the U.S government and industry. According to the rudimentary data, $143 billion in counterfeits or pirated goods enter the American markets and are sold locally (Chong et al., 2019). These counterfeits goods pose a threat to legitimate businesses in the country. Each year, the pirated goods cost legal U.S firms more than $200 billion, which leads to a loss of more than 750,000 jobs (Chong et al., 2019). Available estimates suggest that the sale of fake goods abroad displaces the sales in the U.S which is costing the economy more than $ 29 billion annually (Chong et al., 2019). However, the impact of the pirated goods could be much higher than the current estimates because the available data is based on the seizure reports by the Customs and Border Protection (CBP).

Counterfeiting or pirating of goods has a negative impact on the U.S industry. The direct effects of these vices include losses of brand values, sales revenue, and increased costs of doing business. The impacts could rapidly increase considering that IP industries are responsible for 56 million jobs for American citizens which is equivalent to 35% of the labor force. Thus, brand values are an important factor for certain rights holders (White, 2021). According to a 2003 World Economic Forum survey, chief executives held that brand reputation accounted for a round 40% of the industries’ market capitalization (White, 2021). Therefore, the profitability of U.S firms is affected when their products are pirated and become plentiful in the market. Additionally, brands lose distribution sellers if their affiliate marketers start noticing a decline in the demand of the products because of the influx of fake ones. Moreover, the large supply of cheaper alternatives exerts pressure on the original brands pricing structures which erodes their profitability.

As companies battle with the impacts of counterfeiting, they often experience losses in their sales revenue. However, the values of these illicit sales do not reflect directly in sales lost to U.S firms on a dollar-for-dollar basis (White, 2021). The IP commission argues that the true costs in illegitimate sales are not estimable because of the problem of data gathering. Nevertheless, the current estimates state that at least 20% of the pirated goods sold abroad displace legitimate sales in the U.S (White, 2021). The government, therefore, losses tax revenue from these unscrupulous traders since they have no established system of tax remittance.

Safety and Health Concerns Posed by Counterfeit Products

Counterfeiting is a recognizable problem globally within the IP legal system and its economic and financial consequences are documented. The media and industry reports have indicated that these pirated goods are causing threats to the public health and safety of American citizens. Additionally, counterfeited goods are global public health concerns for both developed and underdeveloped countries. For example, counterfeited drugs is a separate category of problem because of the nature of use, which increases the challenge of substandard drugs globally (White, 2021). Hence, the manufacturers of these goods place their lives and that of others in danger because of lack of standardization and safety measures. The other safety concerns from the pirated goods include deaths, headaches, blindness, hospital admissions, and allergic reactions. In addition, pirated cigarette predisposes users to tobacco-related diseases which decrease life expectancy.

The effects of the health crisis are rapidly changing in every sphere of global society and trade. The demand and supply of most products and their means of production and distribution have adversely been affected. This has given room for criminals to circumvent the system and introduce substandard goods which pose health and safety risks to the end users. Counterfeits safety equipment such as sunglasses are designed to protect the wearer from harmful ultraviolet (UV) radiation. These gears are subject to strict regulations to ensure safety standards. However, the pirates do not observe such the laid down safety standards posing a great threat to the wearer. Additionally, counterfeiting of beverages such as Coca-Cola and Pepsi brands poses a serious health risk to the citizens because the products are substandard.

Crises often pose new avenues for organized-crimes groups and the Covid-19 pandemic was no different. Globally, organized counterfeiting syndicates sought to capitalize on the rising demand for virus-protection products such as virus test kits, face masks, and personal protective equipment (PPE) worn by frontline workers. Additionally, the pharmaceutical markets were awash with fake drugs purporting to cure Covid-19 adding to the already existing illegal industry. For example, 3M launched a lawsuit against vendors selling its pirated version of the N95 masks (Chong et al., 2019). Therefore, the presence of counterfeited PPEs, masks, and drugs made it difficult to quickly contain the spread of Covic-19.

The biggest health hazards of counterfeit products are from the products that are directly swallowed or come into contact with human bodies. For example, the prevalence of fake pain killers, cardiovascular medication, and antibiotics have been the major causes of deaths around the world. The influx of pirated cosmetics and perfumes has caused various harm to the consumers and led to the emergence of dermatitis. Moreover, counterfeited electronics with batteries have caused acid leaking, explosions, or even starting fires which have led to the loss of life and properties. The U.S government has in the past uncovered fraudulent beauty products containing certain carcinogens such as arsenic, beryllium, and cadmium while others have shown the presence of heavy metals such as mercury and lead (Chong et al., 2019). Hence, the health hazards posed by counterfeited products are significant and can lead to loss of life. The problem has further been exacerbated by the onset of the Covid-19 pandemic that saw many criminals pirate even the vital protective materials that have been in use by the frontline workers. The fraudulent protective gear exposes the wearer to pathogens and viruses which further increases their spread to the general public.

IP theft, especially from China, Posing an Existential Threat to National Security

A decade ago, IPs started to be treated as an important part of the national security threat to the United States. The scope of the threats is perceived to include hacking, file sharing, theft of trade secrets, and even foreign students enrolling in American universities. In each of the above cases, the national security of the United States is at risk just because of its economic competitiveness (Walters, 2022). Therefore, the focus on IP as a source of national security threat helps in justifying enhanced surveillance and control over the internet and its future. The framing of the IP has a far-reaching impact on how it is understood, information sharing on the internet, and the future of U.S diplomatic relations with other nations. The stolen IP by the China includes designs, business processes, and blueprints that cost billions of dollars to create.

China is engaging in theft of U.S IPs’ and cyber-attacks on government networks and critical infrastructure, which is posing a direct threat to national security. According to testimonies made before the Senate Select Committee, China steals $300 billion to $600 billion worth of intellectual property annually (Walters, 2022). China is stealing IP through espionage drives to supplement its efforts to dominate technological developments such as semiconductors and artificial intelligence. Additionally, Chinese hackers are targeting businesses, policymakers, and academic institutions with the aim of sowing divisions and hampering U.S intelligence operations. Moreover, The People’s Republic of China (PRC) and the Communist Party are intending to “acquire” critical U.S technologies and hack into America’s cyber networks and launch influence operations to change the narrative favorable to the PRC (Li & Alon, 2019). In retaliation, the U.S administration is limiting the use of equipment from Chinese firms such as Huawei and ZTE on its 5G networks to protect national security.

China is conducting an unending and persistent cybersecurity campaign to gain entry into U.S systems and infiltrate data or to plant malware on its critical infrastructure for future dominance and control. Therefore, the comprehensive threat to U.S national security is the control of its military channels and infrastructure by China. Chinese President Xi Jinping has stated the one goal that Beijing has is to become a geopolitical and economic leader in the world (Li & Alon, 2019). Hence, they need to acquire sensitive data whenever they come across it or buy it to boost their campaigns.

The Director of National Intelligence in the U.S has cast China as a major national security threat and suggested that the struggle to mitigate the challenge is equal to that of the Cold War with Moscow. China is deemed liable for stealing U.S intelligent property, which is becoming a growing problem of economic espionage (Walters, 2022). Beijing’s mode of operation is to steal the American IP, copy it, replicate it and then replace the legitimate U. S companies with cheap Chinese alternatives, which leads to the displacement of the United States as a global market leader (Walters, 2022). The responsibility for stealing the IPs have shifted from cyber operations conducted by The People’s Liberation Army (PLA) to target-oriented operation by the Ministry of State Security. However, the Director has stated that the intelligence community has allocated more resources and focus to China to counter its existential threats.

Action that Needs to be taken to Ensure that Illegal Migrants Are Treated with Inclusion and Respect

Migration can be a safe, empowering, and positive experience for immigrants and can generate economic, cultural, and social benefits to communities in their country of origin, transit, and destination. However, many immigrants’ illegal immigrants face severe human rights violations in their countries of origin, where they are passing through, and their intended destination. Illegal immigrants’ lacks a support system that would enable them to settle in their new countries which makes them treated as security threats and their inclusion in society difficult (Corrington, 2020). For example, the Trump Administration had started harmful rhetoric against immigrants, which created an environment of fear, especially amongst the illegal immigrants. Nevertheless, there is a need to start inclusion programs, especially targeting illegal immigrants, to document their numbers and social security actions aimed at including them in the general population and boosting security. Their inclusion makes sense and is in line with America’s ideals of immigration.

Illegal immigrants have been the subject of discussion within the security circles with some arguing that they pose a threat to national security. This is because they lack proper documentation that would enable them to get gainful employment. As such, they engage in criminal activities to support them which is a threat to themselves and the natives. Countries need to ratify and implement all of the international and regional human rights instruments and confirm in practice and policy the fundamental importance of protecting, respecting, and maintaining all the human rights of all immigrants without discrimination. (Davidson, Nepomuceno, & Laroche 2019). Additionally, nations should promote the inclusion of immigrants in the receiving societies by ensuring that eve illegal immigrants are treated fairly and with dignity. Countries should put in place practices and regulations that support the integration of illegal immigrants to minimize security lapses along the borders.

The current administration must ensure the inclusion of illegal immigrants and boost national security. Currently, the barriers to migrants having access to adequate housing, education, and social security have critical impacts on social inclusion and cohesion. Many illegal immigrants work in isolated and unregulated sectors such as domestic work, agriculture, and hospitality in poor conditions. The administration should create an avenue for documenting persons in the country illegally. Moreover, it should provide them with decent housing options, and documentation that would enable them to find meaningful work. Additionally, the administration should confront all forms of discrimination including intolerance against immigrants, racism, xenophobia, and sexual exploitation.

The New York Declaration states that the member signatories are right holders regardless of their status and are committed to improving the inclusion, and integration of all persons with specific attention to education, health, justice, and language training. The declaration affirms that the states are obligated to protect immigrants regardless of their status since human rights are inherent to all human beings. However, the influx of illegal immigrants is a threat to the border security of any nation (Walters, 2022). This is because they make these borders porous and can allow even terrorists to enter a country illegally and conduct terror attacks without anyone noticing. Additionally, porous borders to immigrants can act as a terror cell where terrorists hide and regroup before launching major attacks. However, the inclusion of illegal immigrants into society gives the government a chance to evaluate the persons they are admitting, their origins, and intentions.

IMO’s Maritime Cyber Security, the SAFE Port Act, the Small Vessel Security Strategy, and the Marine Transportation Security Act

The safety and economic security of the United States in some parts depends on the security of its 361 seaports which makes the administration have a crucial national interest in maritime security. In 2006, Congress passed the Safe Port Act to beef up the maritime transportation infrastructure from terrorism threats (Caprolu, et al 2020). Therefore, questions are asked if now the country is safer than it was fifteen years ago. The established security measures implemented through SAFE Port Act, Small Vessel Security Strategy, and the Marine Transportation Act have improved the nation’s maritime security. Every year over sixty thousand vessels dock in the U.S ports transporting both people and goods. Initially, it was easier for contrabands and criminals to walk in and out of the country through the sea. However, since the introduction of the above Acts, it has become increasingly difficult to muggle contrabands or traffic in human beings.

The economic importance and visibility of the port infrastructure is an attractive target for terrorists. The potential threats further increase maritime terrorism risks. Any attacks on both vessels and ports could significantly damage the U.S economy through disruption of trade and commerce (Tam & Jones, 2018). However, the security measures that have been instituted over the past fifteen years have managed to respond to various threats that the country was previously facing. The Acts have helped in the development and implementation of the preparedness and response capabilities of those accessing the ports. The screening of the cargo has further strengthened maritime security. Additionally, the advances in maritime security have been possible because of public and private collaboration which have established measures that became part of doing business at the port. Hence, America’s maritime space has been made safer by the Acts than when they were not legislated.

The security measures that were introduced by the Maritime Cyber Security, the SAFE Port Act, and the Small Vessel Security have by far improved the security of the U.S ports. These security measures respond to a range of threats that in the past posed a threat to national security. For example, the vessels, and ports have increased the number of guards, cameras, and gates at the monitoring points (Tam & Jones, 2018). The Port Security Grants Program has ensured that the authorities are well prepared to prevent and respond to any threats around the port. The Acts also introduce the Transportation Worker Identification Card Program which increases the screening of individuals with access to port infrastructure (Tam & Jones, 2018). Moreover, extra security is beefed up through the Customs-Trade Partnerships Against Terrorism which facilities the screening of cargo and identifies suspicious-looking cargo. The installation of radiation detectors at U.S ports and partnerships with foreign partners have increased the ability of the authority to track and detect illicit movement of radioactive materials. Therefore, the legislation that the U.S government has put in place to improve its maritime security has made parts more secure than they were before the installation of key security features. The many challenges that were a growing danger to national security have been mitigated even the emerging threats from cyber espionage.

Compare Contrast the Similarities and Differences of the External Borders of European Union (EU) Vs U.S./Mexico border & the U.S./Canada border

Borders are more than geographical abstractions since they have both political and societal constructs. The U.S, EU, and Canada have differences in the way they treat their borders and the issue of immigration. America has placed great emphasis on its borders after 9/11. The authority is controlling who can access it or not. However, its borders with Canada are not highly protected as that one between itself and Mexico (Tam & Jones, 2018). The cross points are managed by security personnel with the Cabinets increasing funding for the border control patrols. On the other hand, the EU lacks strict border control measures which have seen the region being the first destination of undocumented immigrants (Corrington, 2020). Therefore, the U.S border control measures have had huge impacts on improving control and mitigating terrorist threats on American soil.

International borders have been affected by the recent transatlantic clashes over vital issues and internal security that have threatened the faith in finding an easy solution to the securing of borders. The need to tackle international terrorists with military or police powers in the bid to protect the homeland has further helped to define borders between nations. The United States has moved with speed to define its borders and has introduced the stringiest measures at its entry points. They have introduced tools such as Electronic System Travel Authorization and Automatic border checks which so far have not been part of the EU border ecology. At the Mexican border, the “virtual fence” concept has been met with mixed reactions from both Americans and Mexicans. However, the above system is paralleled by the European Border Surveillance System (EUROSUR) that was introduced along the EU boundaries. Nevertheless, both the U.S /Mexican border and the U.S Canadian borders are under surveillance using satellites, unmanned drones, and aerial vehicles, especially along hard-to-reach areas.

The U.S/Canadian border is more pronounced because of the latter’s established status as a sovereign nation with fixed and clear set boundaries. Therefore, the U.S has been able to adapt rapidly to the growing challenge including post 9/11 because its borders we not porous (Kendall et al, 2019). On the other hand, the EU still finds itself limited by institutional inconsistencies when trying to match the U.S. However, on the Canadian border, the U.S had to deal with administrative issues when it tried to mix various border-related agencies into the newly created Customs and Border Protection. Nevertheless, the EU is still plagued by inconsistencies that have made it impossible to seal all the porous borders in the region. In the European Union in December 2015 proposed the establishment of a European Border and Coast Guard (Kendall et al, 2019). The body was designed to mitigate new challenges and political realities that the region was facing regarding international security and immigration. The success of the Coast Guard has become a blueprint for America’s version of coast guarding (Kendall et al, 2019). The body is mandated with monitoring the migratory flow and conducts risk analysis. Additionally, the American Coast Guard has been monitoring the external borders with Mexico in the same manner as the body established by the EU. Hence, the commission of a new EU Board and Coast Guard Agency can be said to be a blueprint for the United States.

References

Caprolu, M., Di Pietro, R., Raponi, S., Sciancalepore, S., & Tedeschi, P. (2020). Vessels cybersecurity: Issues, challenges, and the road ahead. IEEE Communications Magazine, 58(6), 90-96.

Chong, L., Udell, L., & Downs, B. (2019). Intellectual property, branding, trademark, and regulatory approvals in nutraceuticals and functional foods.Nutraceutical and Functional Food Regulations in The United States and Around the World, 627-636.

Corrington, A., Hebl, M., Stewart, D., Madera, J., Ng, L., & Williams, J. (2020). Diversity and inclusion of understudied populations: A call to practitioners and researchers. Consulting Psychology Journal: Practice and Research, 72(4), 303.

Davidson, A., Nepomuceno, M. V., & Laroche, M. (2019). Shame on you: When materialism leads to purchase intentions toward counterfeit products. Journal of Business Ethics, 155(2), 479-494.

Kendall, H., Kuznesof, S., Dean, M., Chan, M. Y., Clark, B., Home, R.,… & Frewer, L. (2019). Chinese consumer’s attitudes, perceptions and behavioral responses towards food fraud. Food Control, 95, 339-351.

Li, S., & Alon, I. (2019). China’s intellectual property rights provocation: A political economy view. Journal of International Business Policy, 3(1), 60-72.

Michael White, C. (2021). Counterfeit drugs: A major issue for vulnerable citizens throughout the world and in the United States.Journal of The American Pharmacists Association, 61(1), e93-e98.

Tam, K., & Jones, K. D. (2018). Maritime cybersecurity policy: the scope and impact of evolving technology on international shipping. Journal of Cyber Policy, 3(2), 147-164.

Walters, R. (2022). Why China’s intellectual property theft is a concern for national security. The Heritage Foundation.

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