Ethics and Intellectual Property
“Intellectual property refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce” (United States Patent and Trademark Office, 2013). There are many ethical issues that have arisen in the business world today pertaining to intellectual property. Some people may not think that it is important to protect intellectual property however, the United States Patent and Trademark Office (USPTO) does just that. “Intellectual property is protected in law by, for example, patents, copyright and trademarks, which enable people to earn recognition or financial benefit from what they invent or ...view middle of the document...
Other ethical issues may arise when there is a business partnership that decides to split or the partnership ends. Who decides which partner owns the intellectual property that was intended for the business? Should the intellectual property be split between the business partners if a partnership splits and branches off into separate businesses? This may be a case that has to be decided through mediation and if not resolved, the courts may have to decide. In this case, intellectual properties such as logos and slogans have become a part of the business and now, are used to identify the business to the public. “Proper balance between the interests of innovators and the wider public interest, the intellectual property system aims to foster an environment in which creativity and innovation can flourish” (World Intellectual Property Organization, 2014).
Protecting Intellectual Property
It is important that intellectual property is protected, just as personal property and business property. Intellectual property drives growth in the economy, creates jobs and competiveness. Protecting intellectual property assists consumers with making choices based on facts. Many laws are in place to protect intellectual property and these laws are readily enforced. “To protect the national security interests of the United States a vast body of law classifies information that would otherwise fall squarely within the core of speech about politics and public policy protected by the First Amendment” (Smolla, 2012).
Sometimes intellectual protections can be stretched too far. Because attorneys see that some intellectual properties are protected, they make an attempt to stretch this to other areas. As we had discussed in our classroom discussion at Colorado State University Global, there are life forms that scientists want to protect under the intellectual property laws. In my opinion, this is one of the instances where the protection of intellectual property has been taken too far. “The problem is that laws are hard to get rid of, even when they fail” (Wu, 2012).
Intellectual Property Court Case
In a recent court case in Virginia, where Virginia State Bar ex rel. Third District Committee versus Hunter, where the intellectual property of Mr. Horace Hunter a member of the Virginia State Bar, is being challenged by the bar due to his personal blogs. Because the blog is advertised...