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Written by : Vikki Dalhart
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intellectual property or IP our rights that are granted by the government to encourage innovation and creativity the term was originated to come up with a defense of certain types of monopoly privileges primarily patent and copyright law which had existed for a few centuries in the West intellectual property is not property in the same sense as normal property rights because normal property rights are designed to protect scarce resources things in the world that we can have a conflict over this includes our bodies and other resources in the world tangible material objects property rights arise as a social mechanism to allow us to use these resources cooperatively and peacefully and productively with each other but intellectual property covers ideas and non scarce resources patterns which can be infinitely copied and multiplied one of the benefits of having property is the ability to keep other people out I can let people that I don't want to come to my house know that they can't be there and patents and copyright provide the same sort of what's known as exclusive rights the private property does that you can say you can't trespass on my invention and you can't copy my my new creative work so the difficulty when we look at intellectual property as property is how do we know where the boundaries are but as far as what are our rights the idea that we can keep people out that's exactly like physical property legally the proper way to understand the intellectual property rights is a negative servitude or a negative easement and if you understand what a negative easement is it gives the holder of the easement a right to prevent the owner of existing property to use it the way he sees fit and these are perfectly legitimate if they're granted voluntarily like in a restrictive covenant in our neighborhood but in patent and copyright the government grants these monopoly privileges to holders of of these ideal rights and it allows them to stop other people from using their bodies or their other property as they see fit local justifications for intellectual property but one of the clear ones is is John Locke's principle the idea that if you put your effort and mix it with nature you should get property rights in the resulting object if you take a tree and turn it into a barrel the barrel should be yours and that's the same idea with intellectual property one of the things intellectual property does is it allows you to get exclusive rights on what you invent and with those exclusive rights you can either keep other people from doing it and manufacture the the invention yourself or you can license it to a patent licensing firm the inventor who has spent a lot of time and money in the in certain activity of inventing can recoup some of those costs and some of those expenses so the question is not whether a given policy or law incentivizes innovation the purpose of law is to protect property rights we have to recognize that in today's world even though we have copyright law piracy is rampant in today's 2017 artists have to deal with the fact of copyright piracy and they have to come up with business models to work around that so but then the question is the absent patenting copyright law what protections would they have well first of all they have property rights like we all do they have the right to own their own studio or their own printing press or their own machine shop and make inventions they have the right to engage in commerce and sell their goods you can sell tickets at a concert you can sell a CD if you want to there's nothing prohibiting you from selling a CD just because you don't have a copyright it's just that other people could sell a copy of it too so you have competition there are a number of things that are happening right now that are causing uncertainty in the patent system devaluing patents and decreasing the public's confidence in the patent system as a whole the patent trial and appeal board is getting rid of lots of patents invalidating lots of patents and a number of these patents are on really great innovative technology so what I would do to reinvigorate the patent system has changed the way that bad patents can be invalidated by making it more certain unless harassing for innovators and patent owners so the primary reforms I would make would be to patent and copyright and the primary reform would be to immediately and completely abolish both patent and copyright law I think we would instantly be way better off in terms of innovation freedom just because something's been placed for 200 years or so doesn't mean it's just when people copy they're learning and they're emulating what people do we have to not be afraid of competition we have to embrace private property rights them and we have to understand that state granted rights to protect you from a competitor or the opposite of a free market and they undercut private property rights with patent rights what we've gotten is a ton of innovation over the last number of centuries great inventions fantastic inventors that are worthy of being protected and we're all enjoying the results of this activity if we don't have this strong patent system that has allowed for this level of innovation going forward we might get less innovation and a lot less cool toys to play with
Thanks for your comment Gus Resnick, have a nice day.
- Vikki Dalhart, Staff Member
although usually unnoticed intellectual property rights are all around us from the handy design of a piece of furniture or a lollipop to the drawing technology of sports clothing or the databases we use at work and many of these products and services come from SMEs whose daily work often results in creative works inventions and distinctive symbols capable of generating profits for their creators or inventors in this regard and contrary to what you might think there are many IP tools that can be used in your business's daily activities regardless of the sector and they can also be combined to provide a richer protection over all the aspects of your creation just think about a new pair of trainers the develop technologies for example improved manufacturing processes or new waterproof materials can be protected by patents utility models or trade secrets the new look and the special packaging with colorful drawings on the shoe box can be protected by trademarks or industrial designs the companies logos or the products name can be registered as a trademark and the promo pictures and videos can be protected by copyright this video is going to show you the benefits of IP to your business that will help you in your internationalization process one legal certainty from ideas to appropriable intangible assets whether you have in mind a new business model an improvement of an already existing tool a catchy brand or a powerful design it is important to bear in mind that mere ideas cannot be protected moreover its commercialization does not generally speaking brand any type of right over them by contrast once granted IP rights provide you with an exclusive right for a limited period of time for recouping the costs incurred to create your intangibles benefiting from their exploitation and enforcing them before courts customs and other authorities while lack of registration or protection entails the risk of misappropriation or even loss of the right to right to exclude the path to uniqueness in the framework of an international globalized market fast technological change and more demanding consumers businesses need to look for further ways to differentiate their products and services from their competitors by improving their quality and technical characteristics reducing production distribution management costs and offering greater value to consumers by using IP rights you will be able to protect your added value and to build a sustained competitive advantage based on it thanks to your right to exclude third parties from using or commercializing the protective products three building your reputation and strengthening your market position usually when speaking about IP rights and reputation companies tend to think in distinctive science indeed trademarks domain names and geographical indications allow customers to link the quality and the reputation of your products to your company however more and more companies build their reputation over their ability and willingness to innovate in these cases patents utility models and industrial designs also contribute to making a name in the marketplace and reinforce the innovative image of the company therefore all IP rights are relevant to build your reputation and strengthen your market position the combination of a diversified IP portfolio together with an efficient marketing strategy serves as a good basis for acquiring customers loyalty brand name and reputation which results in increasing the company's value and improves future profitability for revenue streams obtaining profit from its trade compared to tangible assets intangible assets protected by IP rights offer a wider range of options when it comes to exploitation besides the manufacturing commercialization of the product or services owners may choose other means to profit from their creations as for instance selling the IP rights license all are part of their rights franchise for established subsidiaries and finally 5 boosting partnerships and cooperation opportunities strong and diversified IP portfolios are capable not only of increasing company's products and services value they may also attract the interest of other enterprises wishing to cooperate with your company through license agreements our India agreements joint ventures or consortiums in the framework of international projects among others such collaborative relations may facilitate the possibility for owners to expand their business into new geographic areas new technologies or contribute to the establishment of a strategic partnership in related markets so if you are thinking of expanding your business to Latin America do it well and contact the Latin America IPR SME helpdesk we can provide you with a first line intellectual property support and help you in taking the right decision
Thanks Ayikghonis your participation is very much appreciated
- Vikki Dalhart
About the author
I've studied analytical sociology at Fort Hays State University in Hays and I am an expert in survival skills. I usually feel guilty. My previous job was special forces officers I held this position for 2 years, I love talking about field hockey and taxidermy. Huge fan of Banksy I practice wrestling: greco-roman and collect vintage cars.
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