Does the Protection of Intellectual Property Need Need Formal Justification Essay

What is intellectual property? In its common and purest sense, it is the tangible product of human mind and intelligence entitled to the legal status of personal property. As Chaffe stated, ‘The man who brings out of nothingness some child of his thought has right s therein which cannot belong to any other sort of property’. One textbook defines the intellectual property as ‘the novel product of human intellectual endeavour’. Yet, the use of the term ‘property’ to describe intellectual products implies the existence of rights and, perhaps more importantly, remedies in respect of the property and any unwarranted interference with it.

In its simplest form, intellectual property is the rights under the law possessed by the people who create the achievements through their own intelligences. Intellectual property is divided into two categories: Industrial property, which includes inventions (patents), trademarks, industrial designs; and Copyright, which includes literary and artistic works such as novels, poems and plays, films, musical works, artistic works such as drawings, paintings, photographs and sculptures. What is intellectual property law? It is the legal protection for the intellectual property; it includes a wide range of forms.

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There are large numbers of intellectual property rights exist to protect each type of intellectual property: Patent law protects inventions; Copyright law is design to protect aesthetic and artistic creations such as literary, musical, dramatic and artistic works; Design law protects the ‘looks’ and/ or ‘functions’; Trade marks mean to distinguish the goods and services of one company from those of another; Passing off protects the reputation; Law action of breach of confidence provides ancillary support in the protection of the interests of intellectual property producers, especially when the information about the intellectual property must be kept out of the public domain. Why legal protection for intellectual property?

When a new intellectual property was created and introduced to the public domain without the legal protection, this indicates that anyone or any group could take the advantage of the creator’s intellectual endeavor ignoring the creator’s feeling and position. Thus the creator himself was not be able to see benefit of his own work. But once the intellectual property was granted the legal protection, the creator them will be able to control his innovation by prevent the use of the others unless they gain the permission of the creator. For example, an advertising agency produced a television advertisement or a bus company which set out to parody the lyrics and music of owner’s musical whit copyright. If the music is famous by public, then the advertising agency did take the advantage of the owner. Merits The merits of legal protection of intellectual property are obviously clear.

Some existence of the intellectual property can significantly influence a number of public interests such as moral, social and economic interests bases on the explanations and the case analysis above. All the forms of intellectual property lead something new to the human knowledge, it can occur across every people’s experiences from the designation of new sports car which can drive even faster than the record to the development of new medicine to cure the diabetes; form the creation of the art, music, dance or literature to the invention of bed which people never experience. All these innovations above not only can be subjected to intellectual property rights but also the introduction to the public domain can enrich the human living condition.

Under the legal protection of intellectual property, the creators can be incentive because of the protection and rights of their intellectual products, the contribution to the society and the reputation they are granted. This will stimulate their inventive instincts to create another new intellectual property, the innovation are rewarded by the grant of intellectual property rights, which in turn act as an incentive to other innovation, and so on. Problem If, however, the intellectual property is introduced to the public domain, it then will seek to the private protection which is may be exclusive control over the innovation itself. The public interest can, therefore, be jeopardized that the property is not used in a public setting.

One of the particular types of property right that is granted is monopoly, which, by definition, is exclusive control of a commodity or service in a particular market, or a control that makes possible the manipulation of prices. A monopoly can lead to a distortion in competition. That’s why there is a limit time on the legal protection of intellectual property. Need formal justification? Weather the legal protection of intellectual property requires formal justification or not, the main purpose of legal protection of intellectual property is to protect the human’s intellectual innovations, to prevent unfair copy or abuse. Intellectual property is the wealth of society, of country, of world, and even of the inventors themselves. In order to create more new intellectual properties which enrich the human’s conditions, the intellectual property must be protected legally despite any formal justifications.

Bibliography

Chaffe, Z. , ‘Reflections on the Law of Copyright: ?and?’. Columbia Law Review, 45(4/5), 1945, in Berrings, R. C. (ed. ), Great American Law Reviews, Birmingham: Legal Classics Library, 1984. MacQueen Waelde & Laurie, Contemporary Intellectual property: Law and Policy, Oxford: Oxford University Press, 2008. W. R. Cornish, Cases and Materials on Intellectual Property, London, Sweet & Maxwell, 1999. Dictionary. com, define monopoly at dictionary, World English Dictionary <http://dictionary. reference. com/browse/monopoly> accessed 05/10/12 Dutfield G. & Suthersanen U. Global Intellectual Property Law, Edward Elgar, Cheltenhan, UK·Northampton, MA, USA Stydymood, Essay/Law/Intellectual Property, What Is Intellectual Property (IP)? <http://www. studymode. com/essays/What-Is-Intellectual-Property-Ip-281288. html> accessed 07/10/12 Stydymood, Essay/Law/Intellectual Property, Why Should We Protect Intellectual Property (IP)? <http://www. studymode. com/essays/Why-Should-We-Protect-Intellectual-Property-297178. html> accessed 07/10/12 HERSP, Questions relate to the Intellectual Property <http://res. hersp. com/content/264265> accessed 07/10/12 Baidu Library, Concept of Intellectual Property <http://wenku. baidu. com/view/eb6b9bb9f121dd36a32d8250. html> accessed 04/10/12

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