What Is Intellectual Property Law and What Is the Main Purpose of It Essay

Other components of practice may include licensing, due diligence related to mergers or acquisitions, and the development of strategies for the international and domestic protection of intellectual property. Skills that are useful for lawyers in the field of intellectual property are communication skills – both written and oral, negotiation skills and business acumen. Intellectual property law often involves national and international considerations. The Anti-Counterfeiting Trade Agreement (ACTA) states that „effective enforcement of intellectual property rights is essential to support economic growth in all industries and around the world.“ [47] The Statute of Monopolies (1624) and the British Statute of Anne (1710) are considered to be the origins of patent law and copyright respectively[12] and enshrine the concept of intellectual property. The Patent Cooperation Treaty (PCT) is a multilateral treaty that entered into force in 1978. Through the PCT, an inventor from a member country that signs the PCT can simultaneously obtain priority for his invention in all or part of the member countries without having to file a separate application in the countries of interest by naming it in the PCT application. All PCT-related activities are coordinated by the Geneva-based World Intellectual Property Organization (WIPO). [14] Until recently, the purpose of IP law was to provide as little protection as possible in order to encourage innovation. Historically, therefore, they were granted only when they were necessary to promote inventions, limited in time and scope. [20] This is mainly due to the fact that knowledge has traditionally been considered a public good in order to allow for its large-scale dissemination and enhancement. [21] It differs from other types of intellectual property in that it is the owner`s responsibility to maintain secrecy and is not protected by government policies.

Once the trade secret is disclosed, anyone can use it. Similarly, economists Boldrin and Levine prefer to use the term „intellectual monopoly“ as a more appropriate and clear definition of the concept, which they believe is very different from property rights. [72] They further argued that „stronger patents contribute little or no contribution to the promotion of innovation,“ which is mainly due to their tendency to create market monopolies and thus limit innovation and technology transfer. [73] This becomes a kind of intellectual property that needs to be protected. Industrial designs are applied to a variety of industrial or handicraft products: watches, jewelry, fashion and other luxury items, industrial and medical appliances, household items, furniture, electrical appliances, vehicles and architectural structures, textile designs, toys, etc. In 2005, the RSA launched the Adelphi Charter, which aims to create an international political declaration to define how governments should shape a balanced intellectual property right. [103] The owner of the design right has the exclusive right to prevent any other person from reproducing the design (i.e., copying) by producing articles for commercial purposes and the right to prevent any other person from making counterfeit copies of the design in the course of trade. Intellectual property (IP) is a category of property that includes the immaterial creations of the human intellect. [1] [2] There are many types of intellectual property, and some countries recognize more than others.

[3] [4] [5] [6] [7] The most well-known types are copyrights, patents, trademarks and trade secrets. The modern concept of intellectual property developed in England in the 17th and 18th centuries. The term „intellectual property“ was used in the 19th century, although intellectual property did not become commonplace in most global legal systems until the end of the 20th century. [8] Patent infringements are usually caused by the use or sale of a patented invention without the permission of the patent owner. The scope of the patented invention or the scope of protection[63] is defined in the claims of the granted patent. In many jurisdictions, there is a safe haven to use a patented invention for research purposes. This shelter does not exist in the United States unless the research is conducted for purely philosophical purposes or to collect data in order to prepare an application for regulatory approval of a drug. [64] In general, patent infringement cases are dealt with under civil law (e.g.B. in the United States), but several jurisdictions also consider criminal law violations (e.g.B.

Argentina, China, France, Japan, Russia, South Korea). [65] The Act contains a „fair use“ provision that allows copyrighted works to be used for teaching, research and development purposes. In other words, making a photocopy of a book to teach students cannot be considered an offense, but making many photocopies for commercial purposes would be considered an offense. According to Jean-Frédéric Morin, „the global intellectual property regime is currently undergoing a paradigm shift.“ [24] Until the early 2000s, the global IP regime was dominated by high standards of protection characteristic of IP laws from Europe or the United States, with the vision that the uniform application of these standards would take place in each country and in various fields without taking into account social values, cultural or environmental or national level of economic development. Morin argues that „the emerging discourse of the global intellectual property regime calls for greater policy flexibility and better access to knowledge, especially for developing countries.“ The Development Program adopted by WIPO in 2007 adopted a set of 45 recommendations aimed at adapting WIPO`s activities to the specific needs of developing countries and reducing distortions, in particular on issues such as patients` access to medicines, Internet users` access to information, farmers` access to seeds, programmers` access to source codes or students` access to scientific articles. [25] However, this paradigm shift has not yet manifested itself in concrete legal reforms at the international level. [26] Other criticisms of intellectual property law concern the extension of intellectual property both in duration and scope. Various moral justifications of private property can be used to defend the morality of intellectual property, such as: An intellectual property infringement is the infringement or infringement of an intellectual property right. In general, the use of a patented invention, copyrighted work or trademark without the permission of the IP owner constitutes an infringement. The term can be found in an October 1845 Massachusetts Circuit Court judgment in the patent case Davoll et al.

v. Brown., in which Judge Charles L. Woodbury wrote that „only in this way can we protect intellectual property, the work of the mind, the productions, and the interests are also those of a man. such as the wheat he grows or the herds he raises. [18] The assertion that „the discoveries are. Ownership“ dates back to earlier. Article 1 of the French law of 1791 states: „All new discoveries are the property of the author; In order to ensure the ownership of the owner and the temporary enjoyment of his discovery, he will be granted a patent for five, ten or fifteen years. [19] In Europe, the French writer A. Nion mentions intellectual property in his Civil Rights of Authors, Artists and Inventors, published in 1846. Intellectual property rights (IPRs) have been defined as ideas, inventions and creative expressions on the basis of which the public is willing to confer ownership status. Intellectual property rights grant certain exclusive rights to the inventors or creators of that property so that they can benefit commercially from their creative efforts or reputation.

There are different types of intellectual property protection such as patents, copyrights, trademarks, etc. The patent is a recognition of an invention that meets the criteria of global novelty, non-proximity and industrial application. Intellectual property rights are a prerequisite for better identification, planning, commercialization, reproduction and thus for the protection of inventions or creativity. Each industry should develop its own IPR policies, management style, strategies, etc., based on its area of expertise. The pharmaceutical industry currently has an evolving IPR strategy that requires better focus and approach in the coming era. An industrial design right (sometimes referred to as a „design right“ or design patent) protects the visual design of objects that are not purely utilitarian. An industrial design consists of the creation of a shape, configuration or composition of pattern or color or a combination of pattern and color in three-dimensional form having aesthetic value. An industrial design can be a two-dimensional or three-dimensional pattern used to make a product, industrial product, or craft. In general, this is what makes a product attractive and, as such, it increases the commercial value of the goods. [32] The misappropriation of trade secrets is different from violations of other intellectual property laws in that trade secrets are by definition secret, while patents and registered copyrights and trademarks are publicly available. In the United States, trade secrets are protected by state law, and states have passed the Uniform Trade Secrets Act almost everywhere.

The United States also has a federal law in the form of the Industrial Espionage Act of 1996 (18 U.S.C§ §§ 1831-1839), which makes the theft or misappropriation of a trade secret a federal crime. This law contains two provisions that criminalize two types of activities. The first, 18 U.S.C§ 1831(a), criminalizes the theft of trade secrets from foreign powers. The second, 18 U.S.C§ 1832, criminalizes their theft for commercial or economic purposes. (The legal penalties are different for the two offenses.) In Commonwealth common law jurisdictions, confidentiality and trade secrets are considered a just right rather than a property right, but the penalties for theft are about the same as in the United States. [Citation needed] Similarly, it is on the basis of this context that the TRIPS Agreement (Trade-Related Aspects of Intellectual Property Rights) requires WTO Members to set minimum standards of legal protection, but its objective of having a single law on the protection of intellectual property has been viewed with controversy over differences in countries` levels of development. [27] Despite the controversy, the 1995 agreement for the first time comprehensively integrated intellectual property rights into the global trading system and established itself as the most comprehensive agreement in the world. [28] A. . . .

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