Copyright is the exclusive prerogative on an author’s original creative works.
It divides into two branches:
* Moral Rights, which grants the author the copyrightd of the work and ensures respect for the integrity of the work;
* Economic rights, which confer a monopoly of economic exploitation in the work, for varying periods after which the work enters the public domain.
As part of the law, copyright is an essential element of intellectual, literary and artistic property. With the advent of printing in the fifteenth century, the first operating monopoly on the works was granted by letters patent
During the Middle Ages, most of the artistic creation was only exposed to a smaller audience, with low potential for mass production. Literary works are most often transmitted orally, so that their reproduction is reserved for the few who have mastered the craft. That’s why most of the artistic corpus remains anonymous until the Renaissance.
With the Renaissance, the concept of individualism is of more importance, the authors seek to be recognized for their creative work. The invention of printing by Gutenberg around 1440, allowed a wider dissemination of works and general access to the written word.
Impact of IT
In the late 1990s, the development of internet and digital technology marked a major advance in the dissemination of knowledge. This increased access to ICTs, accompanied by a strong movement of questioning the legitimacy of copyright. This phenomenon, still current, is related to the explosion of illegal downloading of content (music, movies, software), supported by a growing capacity and speed of Internet connection.
This challenge to copyright is also at the heart of a broader questioning of the regulatory models of technological and cultural sectors, whose growth has upset the economic balance known hitherto.
Economic issues
Economically, the work of the mind is a non-exclusive, it has the qualities of a public good. Conversely, the physical medium by which the work is communicated is a good rival and exclusive. For example, during a theatrical performance, the drama itself is a public good, while the seats rented by spectators are rivalrous and exclusive. We can then identify two key economic issues related works:
* The cost of the original design which inevitably leads to fixed costs;
* The cost of duplicating the original, which induces marginal costs.
For some works, like most films, design costs are high, while costs of publication of an extra copy of the work (marginal costs) are negligible, especially in case of digital transmission. Other works, however, like most live shows, have a low design cost (script writing, design, choreography, etc).
The purpose of copyright is to provide a sequential solution to the contradiction between the authors and funding free access to works. The introduction of copyright is to make the work of the mind exclusive, by granting the author a monopoly controlling his creation.
Copyright encourages the author to cover the costs of creation, and allows him to collect a fee from the operation of monetary monopoly granted to it. The ability to assign or license the copyright encourages wide dissemination of intellectual works. Producers and publishers who become assignees of copyright enjoy legal certainty allowing them to recoup their investments in creation and funding new works.
Intellectual Property, Community Rights and Human Rights: The Biological and Genetic Resources of Developing Countries (Routledge Research in Intellectual Property)
This book considers the issue of biodiversity in developing countries in relation to intellectual-property rights, community rights and human rights. Drawing together a number of case studies of developing countries rich in biological and genetic resources including India, South Africa and Brazil, the book examines the access to PGRs and their utilizations in the contexts of scientific and commercial oriented activities pursued both in the source and user countries. Exploring how community rights are protected in national biodiversity-related regulations and some international legal instruments, Marcelin Tonye Mahop also discusses the relationship between community rights and human rights in the context of biodiversity. The book looks at the issue of bio-piracy, asking whether this phenomenon should only be seen as a North–South clash, whereby biodiversity rich countries of the Southern Hemisphere blame developed countries and their actors as its principal perpetrators. While recognizing that developing countries' actors play a role in this bio-piracy phenomenon, the book goes on to suggest alternative measures for the legal protection of community rights at the national level with the possibility of national and international enforceability.
Essential reading for students and scholars of intellectual-property rights, biodiversity regulations and human rights, this book will also be of great value to researchers and members of professional organizations working in these subject areas. National and regional negotiators in the international processes dealing with the issues covered in the book will find it a useful tool that can help them to understand various facets of these processes.
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Leave a commentAgriculture and Intellectual Property Rights:
This book presents the perspectives of policy-makers and economists on a highly topical subject. Plant breeding patents, the ownership of biological innovation and associated intellectual property rights (IPR) are the subject of increased attention worldwide. They are particularly relevant in the field of agricultural biotechnology, but until recently evoked little policy analysis.IPRs are particularly relevant in the field of agricultural biotechnology. They are issues affecting public and private sector organizations and companies, and are significant for developing as well as developed countries.
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Most people are attentive of the numerous benefits of owning a trademark registration. Trademark registration in India becoming familiar with complete customer satisfaction. Trademark registration is the protection agreed by the government to the business entities as to reduce the possibility of getting the advantage of the business by others by the way of misuse and to raise the opportunities keeping the mark exclusive under the eye of law.
Generally, brand registration refers to the trade mark used to discriminate the goods or services among the consumers. The business group sells their services or goods under the precise name or brand that is called trade mark. Therefore, the brand is registered in order to evade the repetition or use the same mark by others. In vision of this, the brand registration referred to as trademark registration. Trademark brand was initially developed as a name, term, design, and symbol. Powerful brand can bring success in bloodthirsty and financial markets and thus become the markets worthless assets.
Trademark brand equity dealings the value of brand to the trademark owner. The brand name is used interchangeably with brand to designate written or spoken linguistic rudiments of the brand. Brand name is a form of trademark which identifies the brand owner as the money-making source of products or services. The brand owner may ask for to protect the proprietary rights in relation to a brand name during . Trademark brand is a appliance to create monopoly so that the brand owner can obtain some of the reimbursement to those related to decline price competition. There is legal magnitude as it is essential that the brand names and trademarks are protected by all means. An existing brand name can be used as a vehicle for new and modified products. Individual brand names allow greater suppleness by permitting different products to be sold without puzzling the consumer.
The trademark is registered for the business name, brand name and logo as to discriminate, popularize, create the goodwill and put aside the mark from competitors and fraudulent. The trademark office is an organization to provide protection to the inventors and dealing for their inventions and trademark registration in India provide protection and intellectual property recognition.
In addition, if some business entity desires to extend its dealing in more than one or several countries, it can ensue with International Trade mark registration. The titled name International Brand Registration is the usual form of the International Trade mark registration. It is meant, when the registration is done through any International pact, that gives the protection in all the countries allied with the treaty.
The is an agency, which provides protection to the inventors and business for their inventions and trademark registration for the product and intellectual property identification. The office is provided with funds by the fees, which are charged for processing the patents and trademark. The applications to trademark registration are examined by the trademark office.
Master sf Business Administratration Banking and Finance (MBF): Integrative Courses: MS-94 Technology Mangement
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The service industry is a tricky landscape, due to the fact that, often times, no tangible property is transferred back and forth. Sure, you may purchase a software program that comes on a disk, but in reality, you are merely purchasing the right to use that program, not the rights to the program itself. The service industry is a world dominated by intellectual property, and protecting yours should be your utmost goal.
First you must define if intellectual property is yours or not. Let’s say you hire an employee to create a software program for you. He creates it, puts his name on it, and hands it over to you. If left unchecked, both of you could walk away thinking that you own the rights to the software, but in reality, only the employer does. Other items may fall under the umbrella of “intellectual property” including trade secrets, client information, and more. Your employees might have access to that information, but in order to legally prevent them from using that information to their own benefit, you must first get them to sign an employment contract informing them that they are not allowed to distribute any information gathered while under your employ.
As an employer, you should take pride in the knowledge, contacts, and experience you have accumulated over your years of doing business. Don’t risk letting that information out by avoiding employment contracts or other intellectual property agreements. Furthermore, don’t let subcontractors walk away with information you paid for, just because they created it. Understanding your rights as an employer is the first step towards protecting them. The final step is having the foresight to create contracts which will legally protect you should the situation ever call for it.
As part of the Center for Freedom and Prosperity Foundation’s video project, we sponsored a contest for students at the University of South Florida. The winning entry discusses the role of intellectual property rights.
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The relevant legal norms from the above point of view, although they involved Intellectual property rights The exercise of acts done some direct or indirect restrictions, but these provisions are very fragmented, incomplete, unclear, not specifically from the perspective of preventing the abuse of intellectual property rights to make rules; the majority of existing legal norms applicable to the foreign economic Trading Activities, and not generally applicable to the Chinese market, the exercise of acts of intellectual property, so its very limited scope; from the content point of view, it also needs to be common practice in the world at present updated and perfect.
Present, China has no clear regulation of the exercise of acts of intellectual property ” Antitrust Law “, Also led to the present does not exist in China, the corresponding administrative law enforcement and judicial practice, similar Microsoft , Cisco And DVD Alliance patentee of intellectual property rights abuse in China still can not be effective monopoly regulation.
Order to achieve Competition Request on behalf of the wider interests of society more important, China has continued to strengthen intellectual property protection, but also abuse of intellectual property should be to rule them. But now, people are more concerned about the previous problems, while the latter issue also seriously enough. Based on this, the urgent need to promptly establish and improve regulation of intellectual property rights abuse in China antitrust law system, give full play to intellectual property rights in the legal system to encourage innovation and promote scientific and technological progress of the positive role of the city and to prevent the abuse of intellectual property rights to maintain a free and fair economic competition order.
The “anti-monopoly law,” the exercise of intellectual property regulation act to protect the interests of Chinese enterprises is significant. Trend of economic globalization is bound to be more Chinese enterprises to the market, they may encounter in the domestic market monopoly of multinational enterprises do nothing, and their behavior in foreign markets are subject to strict Competition Law problems. For example, earlier this year, some U.S. Pharmacy Enterprises in China 4 pharmaceutical companies in the United States filed an antitrust lawsuit accusing the Chinese companies in the U.S. market on price cartel. Can be expected, as more and more Chinese enterprises enter the international market, Chinese enterprises in foreign countries have been accused of anti-monopoly situation will be more. Therefore, whether for the maintenance of domestic order, or free and fair competition in international economic exchanges in safeguarding their own interests, China should be established as soon as possible “anti-monopoly law.” The core is to balance and handle competition in intellectual property protection and maintenance of the conflict between the ultimate goal of full respect for and protection of intellectual property rights, encourage innovation and play Excitation The role of competition, but also effectively prevent illegal monopoly by improper use (ie abuse), so on behalf of the interests of society as a whole will not be free and fair competition order of destruction; both the full protection of market competition, but also realistic and reasonable for the time being take care to limit competition business needs, a reasonable balance of intellectual property transactions, the parties (developers, producers, consumers, etc.) interests, in order to promote China’s scientific and cultural innovation and the parallel development of economic competition.
Specialized intellectual property law in the regulation of intellectual property rights abuse in the sound system, to further clarify, refine the terms of the abuse of intellectual property, which makes the related intellectual property rights infringement proceedings for the alleged infringer to provide a clear defense based on, or to the right people can be counter-claim, or even be prosecuted separately. This also requires our country, “Patent Law,” “Trademark Law”, “Copyright Law” and other specialized intellectual property law further modified, or other supporting measures. For example, should further improve our procedures for intellectual property litigation related to the legal system, clear that abuse complaint against compensation; in intellectual property cases should be taken provisional measures before litigation, scrutiny, careful decisions; improve the institute confirmed that the provisions of such non-infringement lawsuit .
In addition, to effectively safeguard the authority of our laws, to be taken seriously TNC Intellectual property dispute resolution and political trend.
As intellectual property rights are private rights, in essence, is a civil right, then the intellectual property dispute resolution, like other civil rights, are primarily to the court through the trial process carried out. Related Intellectual Property Rights in China Laws and regulations After recent amendments, has been full compliance with WTO rules, the minimum requirements, in some ways even more than that can provide effective intellectual property legal relief channel.
However, some multinational companies and Chinese enterprises in intellectual property disputes occur, often by virtue of its strong bargaining power directly to the Chinese government or by their home governments to pressure the Chinese government to meet their special benefit The purpose of treatment, so that would could also go through legal channels, in accordance with strict legal procedures to resolve political. The Chinese Government has always considered positive for a variety of administrative resources to address the use of foreign-related intellectual property disputes. Tasted the sweetness of the multinational corporations, the more value this way, and attract more multinational companies to make the same choice. Moreover, under WTO rules, the MFN principle, a country our government to give preferential treatment for enterprises in this regard should also be automatically and unconditionally to other WTO Organization Members of the business. This is both an expression of some multinational companies in China to protect intellectual property rights and the rule of law framework for the establishment of disrespect and distrust, often the interests of the enterprises in China causing undue damage.
Is therefore recommended that our government should be treated with a number of multinational corporations will solve the political disputes of intellectual property rights of the tendency to be guided in accordance with our existing law, to follow strict legal procedures to solve problems, in particular, be careful not to as being a political Pressure The expense of the legitimate interests of Chinese enterprises. Access to the judicial process for foreign-related intellectual property disputes, our courts must strictly in accordance with Chinese laws and relevant international rules, rule out all kinds of interference imposed by foreign parties, according to a just ruling, effectively protect the legitimate rights and interests of Chinese enterprises. Which claims the rights for the source of the right to conduct a strict review of the situation, to prevent the use of intellectual property claims on behalf of persons engaged in unfair competition.
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