Intellectual Property Introduction and History
Intellectual Property Introduction and History PSC 2224
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This 3 page Class Notes was uploaded by Kerrigan Unter on Monday October 19, 2015. The Class Notes belongs to PSC 2224 at George Washington University taught by in Fall 2015. Since its upload, it has received 55 views. For similar materials see Policy in the Cyber Age in Political Science at George Washington University.
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Date Created: 10/19/15
PSC 2224 Intellectual Property Introduction and History De nition Intellectual property is a bundle of rights and responsibilities associated with intangible products of human creativity it s an abstraction It does not protect any individual instance of something protects and abstract right main types copyright patent trademarks trade secrets other types geographical indications traditional knowledge etc Copyright Copyright applies to literary works and artistic works the copyright term in the US is the life of the author plus an additional 70 years for corporations the term in 95 years copyright terms vary by country Copyright Eligibility must be fixated must be written down or recorded you don t have to observe any formalities in order to get a copyright but you can register a copyright for added benefits In the US copyright registration increases the amount you can recover if you end up suing someone for copyright infringement while no longer required many works are marked with the copyright symbol Copyright Rights publish the work reproduce it translate it perform it record it broadcast it and adapt it Copyright Limitations and Exceptions education and teaching quotation reporting comment criticism exceptions for parody Fair use very exible exception that allows others to transform copyrighted work without requiring them to get permission or pay the original creator Patent patents are granted to new useful and nonobvious inventions the patents cane be either products or processes patents are generally industrial or technical in nature last 20 year from the date of filing patent examination takes a long time patents must be submitted to the patent office Where examiners determining Whether the claimed inventions qualifies for a patent Patent Rights to make and use the invention to sell it to others and import it Patent Responsibilities patent applications contain descriptions of the invention serve the disclosure function of patents once a patent expires the knowledge become public Patent Types utility patents design patents plant patents petty patents utility models Trademarks distinctive signs that distinguish goods and services from one another do not have to be registered but registration has many benefits Trade Secret the protection of confidential business information no registered or disclosed protected from theft or misuse might include strategies secret formulas customer lists etc last as long as the information is kept secret Geographical indication used to indicate the source or provenance of a product usually food or drink also can indicate that the product was produced using a certain traditional method How Intellectual Property is Used largely through licensing and transfer licensing determines the terms and conditions under Which others can use the IP authors often grant an exclusive license to their publishers copyrights can be sold patents are also licensed with both copyrights and patents licensing often specify royalties while some licensing happens in the free market lots of licensing happens at royalty rates established by the government Compulsory licensing since copyrights last well beyond the author or creator s death after death royalties ow to the heirs estate or somewhere else depending on a will Economics of Intellectual Property In economic terms intellectual property creates artificial scarcity where none naturally exists Unlike most physical goods the intangible goods protected by intellectual property are 0 Nonrival 0 Nonexcludable according to economic theory many of the intangible goods protected by intellectual property have the same characteristics of public goods like national defense or clean air they will be unprovided if left to the market by vesting rights with the copyright or patent holder intellectual property allows that person or company to determine how much supply they will create otherwise economic theory suggests we would have infinite supply and thus zero price altematively rights holders would price the first copy at unattainable prices Justification of Intellectual Property Natural rights Labor s desert Lockean Hegelian Utilitarian Intellectual Property Convention Paris Convention 1883 Berne Convention 1886
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