This website uses cookies to ensure you have the best experience. Learn more

Intelectual Property Essay

2241 words - 9 pages

S t u d e n t N u m b e r : 1 0 0 2 3 2 2 6 3
PROFFESIONAL PRACTICE
Assignment 1
INTELLECTUAL PROPERTY ISSUE
4IM001
08 Fall

2
Conflicts resulting from the unauthorised use of protected intellectual property are often in our times due to globalisation, information flow and technological development. Issues involving trans-border abuses have arisen nowadays, in a world characterised by unlimited communication and global trade relations. Economists warn that some patents may be used as tools of extortion rather than protecting the rights of inventors; for exploitation and inter- sector wars than actually to make new things. As many economists and lawyers agree, this system is not working anymore, particularly for the technology industry. Apple vs. Samsung patent war is only one of many examples of this situation. A patent is a property right granted to the developer by the local government and manifests in his or hers right to exclude others from using or selling the invention (Goldstein 1994: 9-10; Novak 1996: 12). Patented software can be distributed (theoretically) without fear of loss and an owner of the patent can prevent its use by others, even if an unauthorized user develops identical software not aware that a patent in this field already exists. Two of the most alarming problems in patent application are: the tendency for developing similar patentable software concurrently and the possible anti-competitive influence of the patent system (Scotchmer 1991: 29; Scherer 2006: 8-9; Macdonald 2004: 138; Bessen and Meurer 2008: 257; Moir 2009: 185; Greenhalgh, Rogers 2010: 61). Another important issue is the problem of application of one country's laws by the courts of another, which is a difficult task (Fentiman 2005: 132). It is a common legal practice that the law of the country of copyright/patent's owner deals with issues concerning e.g. ownership, duration, transfer, scope or infringement. This rule is called lex loci protectionis and has been criticized for many problems it causes. Those problems include divergence between the legal situation, having different countries with their own separate legal systems and jurisdictions, and the economic situation in a common market where people and businesses are operating in a number of territories. This is not only a problem with patents, trademarks, copyrights, etc., but certainly also for unlawful competition, transport, insurance, environmental issues, banking, and insolvency, just to name a few. When discussing problems concerning the Apple vs. Samsung patent war, two main issues are to be analysed. Firstly, rights in intellectual property are exclusive rights, granted or protected by a state, to engage in some economic activity (in the form of production or exploitation) within (or connected with) that state (Cornish 2003: 17-18). To what extent such rights exist is a matter of economic concern to that state. Secondly, the question which law governs issues in intellectual property is not...

Find Another Essay On Intelectual Property

When the Bubble Burst Essay

1539 words - 6 pages interest loan and transfer ownership to the federal government in an attempt to unfreeze credit and create liquidity. In return the government received non-voting ownership of the assets plus interest on the loan. The bad assets were a large number of mortgages and consumer loans that were converted into bonds that were backed by real estate or other property, another words if the borrower defaulted on their loan, the real estate that backed that loan

phase diagram Essay

4456 words - 18 pages Introduction: Chemical equilibrium is a crucial topic in Chemistry. To represent and model equilibrium, the thermodynamic concept of Free energy is usually used. For a multi-component system the Gibbs free energy is a function of Pressure, Temperature and quantity (mass, moles) of each component. If one of these parameters is changed, a state change to a more energetically favorable state will occur. This state has the lowest free energy

Revolutionary Work of Art

1890 words - 8 pages Walter Benjamin emphasizes in his essay, “The Work of Art in the Age of its Technological Reproducibility” that technology used to make an artwork has changed the way it was received, and its “aura”. Aura represents the originality and authenticity of a work of art that has not been reproduced. The Sistine Chapel in the Vatican is an example of a work that has been and truly a beacon of art. It has brought a benefit and enlightenment to the art

Enlightenment Thought in New Zealand Schools

1594 words - 6 pages In this essay I will be looking at how the political and intellectual ideas of the enlightenment have shaped New Zealand Education. I will also be discussing the perennial tension of local control versus central control of education, and how this has been affected by the political and intellectual ideas of the enlightenment. The enlightenment was an intellectual movement, which beginnings of were marked by the Glorious Revolution in Britain

Psychological Egoism Theory

2240 words - 9 pages The theory of psychological egoism is indeed plausible. The meaning of plausible in the context of this paper refers to the validity or the conceivability of the theory in question, to explain the nature and motivation of human behavior (Hinman, 2007). Human actions are motivated by the satisfaction obtained after completing a task that they are involved in. For example, Mother Teresa was satisfied by her benevolent actions and

How Celtic Folkore has Influenced My Family

1587 words - 6 pages Every family has a unique background that influences the way they live and interact with other people. My parents, who emigrated from Ireland to the States with my three brothers in 1989, brought over their own Celtic folklore and traditions that have helped shaped the way our family operates and lives. One aspect of folklore that has helped shape my family dynamic is the Celtic cross—both its background and what role it has played in our lives

Julia Margaret Cameron

1406 words - 6 pages At a time when women were looked upon as being homemakers, wives, mothers and such the late 1850's presented a change in pace for one woman in specific. Photography was discovered in 1826 and soon after the phenomenon of photography was being experimented with and in turn brought new and different ways of photo taking not only as documenting real time, but also conceptualizing a scene in which an image would be taken. Julia Margaret Cameron will

Evaluation of School Improvement

1403 words - 6 pages The evaluation process should be progressive to incorporate overall planning, implement changes, which contribute to success. In order to focus on school climate and norms, the evaluation design must include the students, instructions, and outcomes to improve communication and building-level concerns to be address in this response. School Climate and Social Norms The school principal, other staff leaders, and personnel set the tone and the

Case Study: The Benefits of Animal Testing

1757 words - 7 pages Nine year old Amy has already had a rough start in life. She was born with an abnormal heart that hinders her everyday activities. Amy is unable to keep up with kids her own age because she often tires out easily. As a consequence, she has very little friends and is often alone. Amy is forced to take different medications everyday just to survive. Amy’s life consists of medicine, doctors, and constant hospital visits. However, Amy is due for a

Myth and Magic: Realism in "One Hundred Years of Solitude"

1531 words - 6 pages “He enjoyed his grandmother's unique way of telling stories. No matter how fantastic or improbable her statements, she always delivered them as if they were the irrefutable truth” (Wikipedia, 2011). Experiences are particular instances of one personally encountering or undergoing something and in these moments of time life changes for the best or the worst and memories are formed. These recollections such as riding your first bicycle, going to

Adiponectin: a Novel Indicator of Malnutrition and Inflammation in Hemodialysis Patients

2384 words - 10 pages Objective Protein-Energy malnutrition (PEM) and inflammation are common and overlapping conditions in hemodialysis patients which are associated with increased risk of morbidity and mortality. Adiponectin is an adipocytokine which is exclusively produced by adipose tissue. Few studies in hemodialysis patients have demonstrated that serum levels of adiponectin were significantly higher in malnourished patients compared to well-nourished ones. The

Similar Essays

Intelectual Property Essay

2167 words - 9 pages Conflicts resulting from the unauthorised use of protected intellectual property are often in our times due to globalisation, information flow and technological development. Issues involving trans-border abuses have arisen nowadays, in a world characterised by unlimited communication and global trade relations. Economists warn that some patents may be used as tools of extortion rather than protecting the rights of inventors; for exploitation and

Dispute Summary Paper

1786 words - 7 pages and violated IBM's operating system copyrights. En junio de 1985, IBM presentó una demanda de arbitraje con la AAA alega que Fujitsu ha incumplido sus obligaciones en virtud del acuerdo de 1983 de IBM y violó los derechos de autor del sistema operativo. In response, Fujitsu asserted that its use of IBM programming material did not violate the 1983 settlement agreement or IBM's intellectual property rights. En respuesta, Fujitsu

Who Owns Dna, And How It Can Be Patented

3459 words - 14 pages Protection, Foreing Direct Investment and Transfer, The World Bank.Mossinghof, G.J., "Encouraging Invention and Innovation: the Key to Human Progress", Conferencia de las Americas Sobre la Propiedad Intelectual, Los Angeles, California, USA, July 14-17, 1996.Gyllenhaal, C. and McChesney, J.D., Intellectual Property Rights, Naturally Derived Bioactive Compounds, and Resource Conservation. J. Nat. Prod., 59:334-337, 1996.McCarthy's Desk Encyclopedia of

Medjunarodna Trgovina Proizvodima Intelektualne Svojine (International Trade In Ip)

6913 words - 28 pages profesionalna"). Svetska trgovinska organizacija prepoznaje 7 oblika intelektualne svojine (autorska prava; patenti; trgovinski `igovi; geografsko poreklo; industrijski dizajn; tipografija integrisanih kola; trgova~ke tajne).Poslove koji se odnose na autorsko i wemu srodna prava, kao i na pravo industrijske svojine, na me|unarodnom planu vr{i Svetska organizacija za intelektualnu svojinu (World Intelectual Property Organization) koja je osnovana na