Intellectual property differs from physical property in that it is non-rivalrous and non-excludable. The purpose of intellectual property (IP) rights is to encourage innovation and progress by providing ownership rights through incentives such as copyrights, patents, and trademarks. There are debates around both sides of IP rights regarding whether restricted access is justified or if information should be freely available. The major types of IP rights include copyright, which protects original works of authorship; patents, which protect inventions; trademarks, which protect brands; and trade secrets, which protect confidential information. Each type of IP right has different criteria for protection and durations of exclusivity rights before entering the public domain.
Intellectual property differs from physical property in that it is non-rivalrous and non-excludable. The purpose of intellectual property (IP) rights is to encourage innovation and progress by providing ownership rights through incentives such as copyrights, patents, and trademarks. There are debates around both sides of IP rights regarding whether restricted access is justified or if information should be freely available. The major types of IP rights include copyright, which protects original works of authorship; patents, which protect inventions; trademarks, which protect brands; and trade secrets, which protect confidential information. Each type of IP right has different criteria for protection and durations of exclusivity rights before entering the public domain.
Intellectual property differs from physical property in that it is non-rivalrous and non-excludable. The purpose of intellectual property (IP) rights is to encourage innovation and progress by providing ownership rights through incentives such as copyrights, patents, and trademarks. There are debates around both sides of IP rights regarding whether restricted access is justified or if information should be freely available. The major types of IP rights include copyright, which protects original works of authorship; patents, which protect inventions; trademarks, which protect brands; and trade secrets, which protect confidential information. Each type of IP right has different criteria for protection and durations of exclusivity rights before entering the public domain.
Intellectual property differs from physical property in that it is non-rivalrous and non-excludable. The purpose of intellectual property (IP) rights is to encourage innovation and progress by providing ownership rights through incentives such as copyrights, patents, and trademarks. There are debates around both sides of IP rights regarding whether restricted access is justified or if information should be freely available. The major types of IP rights include copyright, which protects original works of authorship; patents, which protect inventions; trademarks, which protect brands; and trade secrets, which protect confidential information. Each type of IP right has different criteria for protection and durations of exclusivity rights before entering the public domain.
Intellectual property differs from physical property
Tangibility- You dont have control over physical item
Excludability- You cant exclude others from use Non-rivalrous consumption- You can still use it even if stolen Purpose of IP is to encourage progress by giving ownership rights to owners for their discoveries Western IP is an INCENTIVE MECHANISM -what other ways can people be encouraged to innovate? 3 Major Justifications For IP Rights Utilitarian- incentive to promote common good (Thomas Jefferson) Economic- takes effort and doesnt worsen anyone (John Locke) Moral-Authors have moral right toput themselves into work (BerneConvention) Publishers of information have moral right to claim ownership of their work and protect it from deformation, mutilation, or other modification Cases Against IP Rights - Why should one person have the rights to posses and use information when that information can be used in many places at once and not be consumed? - People pirate b/c they believe restricted access to information is unjustified Types of Rights Copyright: protects expression Applies to Literary works, Musical, pictoral, graphic, scultural, motion pictures, sound recordings, architectural, computer software Five Rights 1.Right to reproduce 2. Right to adapt it or derive other works 3. Right to distribute copies 4. Right to display publicly 5. Right to perform publicly Also Restricted -You cant copyright an idea, only your expression of it (ex.Einstein can copyright his article explaining general relativity, but he cant copyright the ideas that make up the theory) -Copyrights expire. 70 years after authors death or 95 after publication -Once you purchase an expressive work, you have the right -Allows for limited use from users without permission from publishers
Patents: Useful, new ideas
-Grants the right to exclude others from making, selling, or using the invention throughout the US. Last 20 years -Patent holder is given the right to make, use, sell, and authorize others to sell What does a patent cover? -A process, such as new approach to brewing beer -A manufactured article, like a new machine tool -A composition of matter, like a new molecule -Improvements of the above -New or disctinct variety of plant -Any new, Original, and ornamental design for an article of manufacture Patent Issues -Frivolous Patents (not justified under any sort of grounds) -Patent Trolling -Chilling Effects Trademark: Words, names, symbols, sounds, or colors that distinguish goods/services from those made or sold by others and to indicate source -Protects consumers from being misled -Ensures free competition by protecting the entity that owns mark -Deals with the marketplace of goods and services -Can be renewed indefinitely -Must be Protected -Deals with commerce rather than ideas Trade Secrets: -Protects secrets that give companies competitive advantage -Almost unlimited in terms of content and subject matter -Relies on private measures to preserve exclusivity Public Domain: Items not protected by IP and aspects of creative work not protected -Device that permits a system to work by leaving the raw material of authorship available Summary -IP promotes innovation for the public good -Copyright protects expression, not ides -Patent protects ideas, not expression -Trademarks prevent consumer confusion -Trade secrets protect information -Public Domain represents intellectual commons that we are all free to draw on