- What is the difference between a patent and a copyright? A patent is a set of exclusive rights granted to an inventor for a defined period of time. These rights are given in exchange of the public disclosure of the invention. It is something you apply for when you create something that is physical such as a product or a process. Concretely, it can be a technological object, a new drug, etc. Copyright, on the other hand, is something that deals with intellectual property and is applied right after the creation. It usually refers to something inside of the arts realm such as a novel, a song, a photography, etc. The fact that you do not have to register for a copyright means that even someday who writes a song in his basement has his intellectual property automatically copyrighted. - When did patents first come to exist? What was their original purpose? Patent is something that first came during Italy's Renaissance era. Originally patent was created as a way to attract skilled people in certain cities of the country. The idea was to give people the exclusive right when they created something. The reward was that they would be the only one exploiting that skill or idea in the region. And when you are in a position of monopoly, this usually means more business and profits. Therefore, these skilled geniuses were more inclined to come to a place when they knew that their efforts would be entirely protected and fully rewarded. This was a great plan to attract innovative people while developing the economy of the city. The whole idea behind copyright was to encourage people to be more creative. If you are gifted and you intellectually produce something, you will receive all the benefits from your creativity and the money y... ... middle of paper ... ...out listening to someone’s music. It is however another thing to prevent sick people from getting the care they need on the basis of copyright infringement. When we are talking about someone’s existence, is it right to keep the money aspect a priority? You see pharmaceutical companies doing everything they can to extend their patent so their drugs do not fall into the public domain. They can, for example, slightly change the drug and stick a new name on it and they are good to go for another several years. They are not even obligated to prove that the new drug is better. If you prove that your product works, it automatically qualifies for a new patent. Some countries decided to go against corporations’ patents and defend themselves saying that it was for humanitarian reasons. It is more important to save lives than to pay for excessively priced drugs. (…)
(7) Hall B. Patents and Patent Policy -. 2007. The 'Secondary' of the 'Secondary' of the 'Secondary' of the 'Secondary' of the 'Secondary' of the 'Secondary' of the 'Secondary' of the Morse H. SETTLEMENT OF INTELLECTUAL PROPERTY DISPUTES IN THE PHARMACEUTICAL AND MEDICAL DEVICE INDUSTRIES: ANTITRUST RULES. Allison JR, Lemley MA, Moore KA, Trunkey RD. Valuable patents. Geol.
The pharmaceutical and biotech industries must be free to develop and research life saving medicines and other advancements that will benefit society. If this cannot be done, progress would never be made. People would still be contracting polio a...
Why do consumers purchase specific drugs for various ailments, sicknesses or diseases they might have? Why do physicians prescribe certain drugs over competitive drugs that may be available to the public? Why is it that most of us can easily name specific drugs that fit the many ailments of today’s society? On the surface the answer might be as simple as good TV advertising or radio commercials or even internet adds. The truth of matter is the major pharmaceutical manufacturers own the patents on these drugs and this gives them all of the marketing budget and muscle they need to promote the drug and control the pricing. The incentives for larger pharmaceutical companies are very enticing and as a result, they don’t mind spending the time in clinical trials and patent courts to get their drugs approved. Some will even get patents on the process by which the drug is manufactured, ensuring that no competitor can steal the drug or the process. This protects their large financial investment and nearly guarantees a large return for their investors. Many consumer rights groups claim this is nothing more than legalizing monopolies for the biggest manufacturers.
In conclusion, pharmaceutical companies are extremely edacious and cold-blooded. Their profits numbers in the billion’s range while seniors are struggling to afford their prescribed drugs to survive. The pharmaceutical industry is strongly against Americans getting their prescriptions from Canada. Yet these people cannot help it; they are not financially secure to afford the drugs sold in America. The U.S. Government tries to isolate itself from the problem in order to make money from the taxes of prescriptions. However, almost every other country has some type of control over their pharmaceutical companies’ prices. In the future, with more and more drugs developed, only more and more money is going to be in need by the pharmaceutical industry. So unless something can be done soon, this war on drugs is only going to climb uphill. Yet how could these top-paid personnel understand what it feels like to be unable to afford prescription drugs in order to maintain a healthy body or even to stay alive? If there was an answer to that question, the dilemma of overpriced drugs might have a solution.
“Copyright is a fundamental right of ownership and protection common to all of the arts” (O’Hara & Beard, 2006, p. 8). “It is a form of intellectual Property (IP)” and it gives the owner exclusive rights to the copyright (O’Hara & Beard, 2006, p. 11).
and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right
...this action will like come at huge cost, considering a few years ago there was a lawsuit against a drug manufacturer that reformulate its product at the end of it patent life. Even though court held the complaints to be void, the case came under public scrutiny at that time.
Although monopolies appear damaging at times, there are arguments that they are an advantage to society. Monopolies in the pharmaceutical industry drive companies to pursue research and development (R&D) efforts to gain new patents. According to a 1992 study, among the 24 US. Industry groups, pharmaceuticals dedicated 16.6% of their amounts to basic research, while all other industries averaged at 5.3% (Sherer 1307). This fact validates the incentive pharmaceutical companies have to get a patent and acquire more power. Pfizer encourages R&D because of the incentives and a want to obtain patents to receive more profit. Pfizer has to promote itself to be successful, creating a good brand image that consumers will trust. If the company can advertise successfully, more consumers will purc...
Other companies cannot replicate the drug and therefore they are forced to either wait until the patent expires or they must find an alternative drug that carries out the same purpose.... ... middle of paper ... ... It is clear to see that there are many pros and cons to patents in the pharmaceutical industry.
...ts new and old artist from having their original forms of expression stolen. A performing artist or songwriter should have a good understanding of the factors of the copyright law. An artist always wants to protect their work so the wrong people can not abuse it. By having a deep knowledge about the copyright law, the artists can save themselves from paying endless unnecessary legal fees.
Copyright is not a natural process; it is essentially an agreement between the state and an artist, where the state gives the artist a monopoly on works they make for a certain time in hopes that this artist will continue to create more works. This agreement is beneficial for all parties; the artist gets money for their work (as no one is allowed to produce copies unless granted permission) and an incentive to create new works. The state has artisans to keep the public happy.
Intellectual property is property resulting from intellectual, creative processes. A product that was created because of someone’s individual thought process. Examples includes books, designs, music, art work, and computer files. (Miller R. J., 2011, p. 114) In the music industry a copyright is an important tool for artist to use to protect themselves from infringers. A copyright is the exclusive right of an author or originator of a literary or artistic production to publish, print, or sell that production for a statutory period of time. A copyright has the same monopolistic nature as a patent or trademark, but it differs in that it applies exclusively to works of art, literature, and other works of authorship (including computer programs). (Miller R. J., 2011, p. 125)
A more ethical approach would have been to set a price that reaped sufficient profits for buyers, but did so without harming anyone in need of critical drugs (Spinello 622). Overall, this goes to show that pharmaceutical companies should strike a balance between satisfying investors and customers, because trying to unethically tip the scales only seems to give way to bad news. 3. Case Studies This leads into some more severe methods that the pharmaceutical industry has resorted to, in order to earn money while harming the very people that it was established to help. A practical way of delving into this situation is to analyze some of the most prominent pharmaceutical settlements of all time, and consider the crucial role that ethics have to
Copyright is a protection for authors, composers or artists and other creators who create innovative idea base work. Copyright law is important because of its role to protect the interests of the creator, while allowing others to gain access to it legally. It designed to make sure that creators receive appropriate rights for their own ideas and creativity, and to promote artistic creativity by protecting the creator.
They are a type of intellectual property, similar to trademarks and copyrights. A patented invention is stamped with the word patent, and a number assigned to the patent. Some are marked with the location of the patent for example ‘China Patent’ and a number, indicating it was patented China. One item can be covered by more than one patent, as in the case of a laptop. After a patent application is submitted, a candidate is allowed to mark a product patent pending, but that does not convey any legal protection. It is illegal to mark an item as patented if it doesn’t have a patent.