Intellectual Property and Its Protection

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Intellectual property (IP) is intangible and it was protected by law, such as patents, copyright, trademarks and trade secret law. It is used to ensure any work that is creative such as invention of people can legally protected under the law. As an example of Siva Vaidhyanathan. He is best known for her writing in cultural criticism. He is concern about relationship among information control, property rights, technologies and social norms. Thus, she established some books like ‘The Rise of Intellectual Property’ and ‘How it Threatens Creativity in 2001’. Due to his background of economics, political, social and legal, he was qualified and broad vision to treat and tackle the issue of intellectual property in a short time without oversimplifying compare to some intellectual property expert. In addition, he is mention about intellectual property is not only a set of rules and framework in laws, but it was divided by four categories which are mentioned at above. For example, provide by Siva about Starbucks. This company also under intellectual property as a food and beverage company. A comedian was established a Dumb Starbucks Coffee shop at Los Angeles without get permission and steal copyright from Starbucks’s company in 2014. This shop was faced giant challenge and forced to shut down within seventy-two hours due of reason of country health department and Starbucks legal team filed legal sanctions against comedian. Thus, this issue is demonstrating about intellectual property will affect in our daily life (Vaidhyanathan, 1 April 2018).

Intellectual property is important in some aspect that through on intellectual property right because it can use to protect creator’s work to prevent plagiast stealing their work as own. Besides, IP rights also can give creator an exculsive right over their creation period of time. People can using property rights to protect environment like Yucatan Peninsula to reduce problem of deforestation. People also extending the argrument to intellectual propery to prevent not inadvertently breaking law. There are benefit and limitation of intellectual property protection so people need to identify issue surrounding us to protect rights of owner.

In addition, fair use of intellectual property can use by people without the need for permission to the copyright holders. It can use to copied and criticize work by people without payment such as royality to owner. Audio Home Recording Act of 1992 and Google Books is example of fair use in intellectual property.

Intellectual Property Rights

Intellectual property is playing an important role and it should apply in each country. However, some developing countries like African countries and civil society organization rail against the drug companies because drug companies charge high prices of AIDS treatment. This is because drug companies are applying intellectual property which is patent protection of drugs in AIDS treatment. Scale of Acquired immunodeficiency syndrome (AIDS) is similar and it can compare with disease of Black Death in medieval era. In addition, indigenous peoples and advocacy groups also against “biopirates” companies. This is because this companies using their knowledge to apply and claiming patents right from tribal healers. Indigenous people are concerned and worried about this companies apply intellectual property is immoral to fauna and flora and genes fragments because it may destroy the ecological environment and stifling innovation (Dutfield, 2017).

Intellectual property rights protection can define as legal and institutional device to protect creation of the mind. As an example of intellectual property rights like literature and product invention by inventor. Intellectual property rights can use to identify and put trademark on product. It can be used to differentiate and distinguish from the similar one sold by competitors. Recently, intellectual property rights not only label as copyright, patent and trademark. It also can define as trade secrets and right of owner such as right of plant breeder. Thus, Intellectual property right is significant in the field of economics in each country, most importantly intellectual property rights also playing historical role in the industrialization of Europe and North America, and their current standing as major pillars of the international law of intellectual property (Dutfield, 2017).

Property Rights

Property rights can ensure forest loss in the Yucatan Peninsula. The forest of Yucatan Peninsula was located in southern Mexico. Before applying intellectual property such as property rights in this forest, people are poorly understood about different types of land tenure in areas with high biodiversity and threats of deforestation even government of Mexico already put effort and important for conservation and climate change mitigation. It was cause high of climate change mitigation and treats of forest conversion. Government of Mexico is finding evidence and identify about solution of reducing deforestation in the Yucatan Peninsula. During the investigation about the problem of deforestation in Yucatan Peninsula, they are concluding about protection of area should underlying with property rights. To solve this problem, the role of property rights should be shaping and effectiveness of protected areas. It can resist forest loss in the Yucatan Peninsula. Besides, government Mexico implement the rules to protecting communally held land can reduce the problem of deforestation compared to forest under private property regimes (MitevaI, 8 May 2019).

Extending the Argument to Intellectual Property

Some people are confusing and misunderstanding about intellectual property in daily routine. Thus, people are not obeying law protecting intellectual and inadvertently breaking the law due to misunderstanding. To solve this problem, IP owner, policymaker and research are trying to change people’s belief and behavior regarding to intellectual property. They are come out a new idea and approach which is lay people’s views about IP protection can be modified by arguments concerning the basis for IP rights. They are 572 participants are recruited through Amazon Mechanical Turk in experiment. Researchers are asking questions about basic for IP protection such as incentives, natural rights and plagiarism. In this experiment, research can conclude about participant are general support for IP protection. Besides, there are some participants are giving feedback about infringement of IP rights such as people can accept infringer of work from original creator and older adults and women were especially likely to see infringement as problematic. Thus, this experiment is clearly illustrating about lay beliefs are at odds with legal doctrine and suggest that people’s views about IP protection can be shaped in certain ways by learning the basis for IP rights (Olson, Experimental Investigations on the Basis for Intellectual Property Rights, 1 August 2016).

Benefits of Intellectual Property Protection

Intellectual property protection is providing countries still under the stage of economic development. As an example of countries of Japan and China, there are similar trajectory in their intellectual property laws during progressing in economics. Intellectual property protection was related to the Nation’s economic competitiveness and it can be used in the field of science and technology. Besides, intellectual property protection also can create framework for competitive market thus entrepreneur can provide more job opportunities and high wages to workers. For an example, the United States is providing and protecting intellectual property rights to companies to ensure entrepreneurs and investor has level playing field in the world economy. In addition, intellectual property protection can provide benefit and protect to those countries that perceive themselves having an economics and technological edge (Manta, 1 July 2019).

Intellectual property protection can be used by all countries to against later-movers at any moment. Thus, this protection can be defined as the core and strategic countries to maintaining a perceived economics and technical lead in the global market. Although IP protection can guarantee past innovation product but solid intellectual property legal framework also important in future innovation. Intellectual property protection can give assurance to investors innovate and create new products and services in the future global market (Manta, 1 July 2019).

Limits to Intellectual Property Protection

Limits to Intellectual Property Protection is a major problem of concern by original owner and creator. This is because their idea and information that spring from a person’s mind. Thus, the creator’s original work is necessary under legal protection of intellectual protection. However, some of plagiarist is stealing and copy work’s original owner as their own work. It will cause failure of intellectual property protection and may negatively impact the ability of original owner to gain investment and benefit in their work. Besides, the hard work they put will be destroyed once and might be diminished (Matthew Bunker, 1 January 2019).

In the early 2000s, the reality television is an incredibly successful genre of entertainment and high ranking of viewing rate. It will increase revenue and value of reality television creators and producers. Thus, intellectual property protection is an important issue to ensure other competitors not appropriating the content of reality programming as their own. Reality television was under process of commercial-zapping technologies and acceptable of audience, but reality television still lent itself to experiments in integrated branding, global franchising, and interactive marketing. According to this issues, producers of reality television was concerned about intellectual property protection by United States law. Although law of the United States was unsupportive about copyright infringement and claims based on reality shows formats as they have been of television formats, the protection like copyright is rejected. Even problem of copyright issues was discussed by commentators, but still non change in this issue. Thus, people were doubt about claimed inability to copyright reality television format and it shows limitation of intellectual protection to reality television (Matthew Bunker, 1 January 2019) .

Protecting Intellectual Property

Intellectual property is a protection for entire publishing community from publishers, librarians and authors. It can prevent problem of illegal access and distribution without any permission. Consequences of digital piracy will cause unintended continued security breaches of university networks, loss of usage data like information of bank user. Digital piracy also will cause loss of revenue of a company if stealing confidential document like agreement contract. In addition, one of a university in the United Kingdom was investigated activity known as Sci-Hub, it is a pirated content sites and this website provides free access to millions of research papers and book without any permission from the publisher and authors to get the copyright. Reason of popular students are using this website because it was free and easy to use. It is a threat of publisher and author in copyright of work. In this situation, the Institute of Electrical and Electronics Engineers (IEEE) received a report that content was attempted to be accessed from more than 360 sites (via 48000 requested) through a compromised user account. To solve this problem, IEEE was cooperated with other industry and academic community with using law of intellectual property to eliminate this activity occurs. Thus, they are exerting a great deal of effort to protect intellectual property (Frances, 2018).

Trade Secret

Trade secret is a type of intellectual property protection and it is encompassing manufacturing or industrial secrets and commercial secrets. Trade secret is becoming key business asset and it was increased value of intellectual property when enforcement mechanisms through Defend Trade Secret Act. Simultaneously, intellectual property protection of trade secret need always fully preparation to prevent problem of stealing documents and information. It may increase expenses and difficulty enforcement if misappropriation of trade secret occurs. Thus, in-house counsel responsible for managing and enforcing their company’s trade secret portfolio can take many practical steps to improve outcomes. Strong confidentiality agreement between employees and business partners like experience of parties and research and development(R&D) can ensure stability of trade secret was guaranteed (Galli, 2016).

In 2016, Defend Trade Secret Act (DTSA) was enactment was shows limited precedent applying it to trade secret protection for customer lists. To solve this problem, the court was used Uniform Trade Secret Act (UTSA) and refer to case law to determine whether each customers and trade secret was protected by DTSA. But the same times, courts were announced about DTSA does not replace UTSA such as state laws of trade secret. Due to the reason this similar of these two acts, courts were decided to distinguish it. In addition, DTSA case law is still developing and information is not complete yet, thus UTSA will apply to ensure trade secret status for business customer lists under DTSA (Evans, 2019).

Trademarks and Service Marks

Trademarks and service marks is kind of intellectual property to the company. It is known as knowledge property. Trademark is a mark or sign and it is using to identify a business product. As an example, trademark can use in any symbol or word in logo. Consumers can easily distinguish and identify category and product from company without garble compare to other competitors. Service mark has the same category as a trademark, while service marks is a marking to identify a service. For example, service marks like protection of service. If company is selling multiple category of product, manager need to trademark the mark used to represent the business. Thus, companies need to focus on trademarks and service marks in their operation. Besides, trademarks and service marks can ensure only that company has their right using brand name and it prevents company from using it.

According to journal trademarks, newspapers and reading publics, there are issue trademarks among Britain’s newspaper and reading publics. People are confused about names of newspapers. This is because both newspapers press is namely similar and make people are confused about it. To solve this problem, a judge come from Irish was decided newspaper press can continue using the name of The Times and The Irish Times in Ireland (Trademarks, newspapers and reading publics, 1 July 2018).

According to the Madrid Protocol and Indian Trade Mark Law, there are TRIPS agreement in article 15 mention about any sign of distinguishing goods and services of one undertaking from those of other undertaking, it can be defined as trademarks. In addition, trademarks also mean as a mark to distinguish goods and services through packaging, label or shape of goods to prevent confusing of consumers. It was clearly stated in Trademarks law (Indian Marks Act) -section 2 (Pathak, 1 August 2016) .

Patents

Patents is one of a property rights on an invention and it can allow other patent holder to process other activities such as making, selling or using the invention. Patents is encouraging inventors to innovate new product. It can be a protection for an invention to inventor for substantial number of years. Protection of patent also can increase of company’s innovativeness in market. If researcher finds something exist product already patent protected by that company, but it can be possible to innovate and improve technology, that company can filing a patent application to prevent other competitors apply it. It also can broaden patent coverage to provide the company for further protection (MILLER, 1 April 2019).

Protection and strengthening of patent rights will influence country in field of technology effort that further stimulates its exports. In 1996-2014, there are 67 countries shows patent right will influence technology effort in panel data analysis. Thus, the patent system will influence the development of technological and field of export product. It is important factories in economics growth. Lastly, patent rights can make company to processing their product in the market without worries about competitors (Panda, 1 April 2020) .

Copyrights

Copyrights is legal rights of the author of intellectual property. It can ensure owner who is holding the copyright and without any issue of plagiarism work occurs. Author can give copyright permission like song lyrics and original manuscript of fiction. If people who are stealing and try to copy that work without permission will face law justification from author. As an example of journal of Plagiarism, research publication and law, there are defined about plagiarism is a violation of intellectual property rights to author. Some of plagiarists will copy work of author as their own work. To solve this problem, the right of authorship in India is using intellectual property -copyright to ensure author under law protection. If plagiarist copy author’s work without any permission like spearing their work and make adaption of the work or recordings the work to the public. It can be defined as an infringement of copyright and the plagiarist may facing fine or imprisonment.

Besides, the Copyright Act provides protection to an expression and presentation of ideas, but it is not to the idea itself. Like example, this presentation may be visual and audio or textual or combine these three of presentation. According to Indian Copyright Act in section 57, authors have special rights if handling all their work and copyright to publishers, they can claim damage like any modification and distortion from publisher before their work was published in public. It would be impact reputation of author if any distortion work published to public. Thus, this situation also same as infringement intellectual property from author. In addition, if the original author is discovering their own work is reproduced in someone else’ name like replace other name. Authors has accountability to their right because it also under law of protection in the Copyright Act. Thus, plagiarism is equal as infringement the intellectual right (Plagarism, research and publication in law, 5 June 2017).

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