Intellectual Property Intellectual property is an incredibly complicated facet of the law. In the United States, we have many laws in place to control and limit profiting from others intellectual property. The issue is not only profiting from others intellectual property, but not purchasing the property from the originator as well. We will discuss why it is important to protect this property as well as why it is tremendously difficult to regulate all these safe guards. “Intellectual Property has the shelf life of a banana.” Bill Gates Why Protect Intellectual Property “Protecting your intellectual property is crucial to your business.” (Hinson, 2014) When business have intellectual property that is going to be popular or helpful in advancing there business, they have to take measures to ensure that the ideas or prototypes are protected from other that may steal the intellectual property. In the United States, many laws or safeguard steps have to be followed in order to preserve the intellectual property. A business owner has the right to protect the intellectual property, because the failure to do so could result in demise of the business itself. Patents “A patent is an intellectual property right granted by the Government of the United States of America to an inventor “to exclude others from making, using, offering for sale, or selling the invention throughout the United States or importing the invention into the United States” for a limited time in exchange for public disclosure of the invention when the patent is granted.” ("Patents," 2014) There are three types of patents, utility, design, and plant. Utility patents protect useful process, machines, article of manufacture, and composition of matter. Design patents pro... ... middle of paper ... ...y way. References Barnes, D. W. (2011). Congestible intellectual property and impure public goods. Northwestern Journal of Technology and Intellectual Property, 9(8), 533. Retrieved from http://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=1152&context=njtip Department of commerce, United States Patent and Trademark Office (2014). Patents. Retrieved from website: http://www.uspto.gov/patents/ Gordon M Snow (Chair) Assistant Director Cyber Division, Federal Bureau of Investigation. Intellectual property law enforcement efforts. (2011). Statement before the senate judiciary committee, Washington, D.C. Retrieved from http://www.fbi.gov/news/testimony/intellectual-property-law-enforcement-efforts Hinson, C. (2014). How and why to protect your intellectual property. Retrieved from http://www.alllaw.com/articles/intellectual_property/article5.asp
(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.
In the United States, local, state, and federal law enforcement agencies, including FBI, Department of Homeland Security, among others, have taken on roles to fight computer crimes and terrorism. The roles and responses of these law enforcement agencies concerning digital crime have created challenges that limit enforcement efforts against digital crime.
A patent provides patent owners with protection and exclusive rights to their invention for up to 20 years. However, if the patent owner gives consent, the patent protection can be extended or sold to commercial distributors or other interested parties based on agreed upon terms. Patent laws forbid people or businesses from exploiting a process or invention from being commercially used, distributed or sold by anyone other than the patent holder. However, once the patent expires, the protection ends and becomes part of the public domain.
As the Rise of cyber crimes grew so did the FBI’s influence on the growing technology.
Trademark, Property, and Restitution." Harvard University. Harvard Journal of Law and Technology, 2010. Web. 26 Feb 2014. .
It is interesting is that though the issue of societal good has been addressed in patent law, environmental utility or “good” is addressed nowhere. Given the landscape of environmental policy in the United States, it is a thought-provoking proposition as to whether patent law should be interpreted or altered to meet the assurances of our country’s environmental regulations seeing as many of them are established at a federal level yet carried out at the state level. For example, should patent law allow an invention or technology to become protected by patent if the direct product or byproduct it creates is tightly controlled or outlawed by environmental regulation? An exploration of this overarching question follows.
International AntiCounterfeiting Coalition. (2005). The negative consequences of international intellectual property theft. Retrieved from http://www.iacc.org
Intellectual property consists of the fruit of one’s mind and not one’s hands. The laws of intellectual property protect property that is primarily the result of mental creativity rather than physical effort. When we are thinking about rights of any kind, it is important to remember that society, through laws, decides what rights individuals and communities have with regard to property.
Intellectual Property (IP) Rights (IPR) is adequately secured in Singapore. The common refrain from shareholder to shareholder is due to the respect and the protection towards IP; hence intellectual property can be easily located in Singapore. An investor has to adhere to several generic principles in order to have an adequate management of intellectual property rights in Singapore. Firstly, it is vital to have an overall strategy to protect it. Secondly, intellectual property rights are secured differently in Singapore than in the United States. Thirdly, an investor has to register and enforced intellectual property rights for the companies under local laws in Singapore. Companies may wish to seek advice from local attorneys or IP consultants to understand more about IPR, along with the importance of protecting and having one. The U.S. Commercial Service can provide a list of local lawyers upon request.
The average American can create their own business without government intervention. The U.S government protects large and small businesses, if it is required. The government protects intellectual property not just in the u.s, but also “…international intellectual property protection…” (uspto). With this in mind, Americans invent groundbreaking technological advances.
A patent is an exclusive right granted for an invention, which is a product or a process that provides, in general, a new way of doing something, or offers a new technical solution to a problem. To get a patent, technical information about the invention must be disclosed to the public in a patent application. The product or process must be inventive or novel and be of public utility (be of use to the public). Some examples of sports patents are sports and training equipment such as bobsleds, aquatic wheelchairs, racquets, starting block assemblies, stop-watches, golf clubs and gym equipment. Patent protection gives the creator exclusive rights over the use of the patent.
There are many reason that why is it important to protect one’s intellectual property. Some of the reason are Creator being accused as a theft, Loss of Reputation, Loss of income, Loss of Asset and Loss of Authority Rights.
A patent is the registered, exclusive right of an inventor to make, use and sell his or her invention for a limited period provided that full disclosure of the invention is made.
The global community must learn that there are steps that can be taken to prevent these kinds of crimes from being committed and support efforts to combat cybercrime. Works Cited The “Combat Cyber Crime.” Homeland Security. http://www.dhs.gov/combat-cyber-crime>. “Computer Crime and Intellectual Property Section.”
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.