Intellectual property falls under the category of property known as intangible rights, which includes patents (inventions of processes, machines, manufactures, and compositions of matter), copyrights (original artistic and literary works of), trademarks (commercial symbols), and trade secrets ((product formulas, patterns, designs).
It is no doubt true, that the course of events, and the general progress of knowledge, science, and art, suggest, point to, contribute to, and aid the productions of, possibly inventions. But it is equally true that the course of events, and the general progress of knowledge, science, and art, suggest, point to, contribute to, and aid the production and acquisition of, all kinds of property. But that is no reason why things should not be the property of those, who have produced or acquired them. Yet the argument is equally strong against the right of property in things, as in intellectual productions. If, because authors and inventors, in producing their writings and discoveries, had the advantage of the course of events, and the general progress of knowledge, in their favor, they are to be denied the right of property in the fruits of their labors, then every other man, who has the course of events, and the progress of knowledge, science, and art in his favor, (and what man has not?) should, on the same principle, be denied all ownership of the fruits of his labor—whether those fruits be the agricultural wealth he has produced, by the aid of the ploughs, and hoes, and chains, and harrows, and shovels, which had been invented, and the agricultural knowledge which had been acquired, before his time; or whether they be the houses or ships he has built, through the aid of the axes, and saws, and planes, and hammers, which had been devised, and the mechanical knowledge and skill that had been acquired, before he was born.
1522 words essay on Intellectual Property Rights
The right of property in intellectual wealth, has manifestly the same foundation, as the right of property in material wealth. Without intellectual wealth—that is, without ideas—material wealth could neither be accumulated, nor fitted to contribute, nor made to contribute, to the sustenance or happiness of man. Intellectual wealth, therefore, is indispensable to the acquisition and use of other wealth. It is also, of itself, a direct source of happiness, in a great variety of ways. Furthermore, it is not only a thing of value, for the owner’s uses, but, as has before been said, like material wealth, it is a merchantable commodity; has a value in the market; and will purchase, for its proprietor, other wealth in exchange. On every ground, therefore, the right of property in ideas, has as deep a foundation in the nature and necessities of man, as has the right of property in material things.
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Intellectual property rights has a significant value to both individuals and businesses, providing in the case of large companies, over one half of their value on return....
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It was important to the founding fathers of the United States to ensure legal protection of intellectual property, and so the Copyright Clause was added as Article 1, section 8, of the Constitution.
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This legal entitlement generally enables its holder to exercise exclusive rights of use in relation to the subject matter of the intellectual property.
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In this report, we are going to talk about “protecting one’s intellectual property” and “Trademark Act ” Recently, there had been multiple cases involving the infringement of intellectual property rights which are often confusing and has lead to debates in the process....
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Intellectual Property Right has a direct relation to the sphere of cyber space. The Internet poses a large number of problems in the area of copyright and trademark protection. These challenges and the problems posed before us have to be tackled with due care and diligence, taking into consideration the situation prevailing in the era of Napster and beyond. The paper discusses the (i) basic challenges with respect to the intellectual property, (iii) position as to why the copyright is ill-equipped to deal with internet, along with the basic problems of copyright in regard to internet which includes the determination of Public and Private use and the enforcement of liability, (iv) The paper highlights the various issues relating to trademark infringement with respect to different use on the Internet, starting from the issues related to domain name disputes, jurisdiction, linking, framing, meta-tagging or invisible use and spamming.