BL Research Paper

BL Research Paper on Intellectual Property and Cases of Infringement Author’s Name Course Name Instructor’s Name Date due Introduction It is believed that the conception of intellectual property originated from the early Jewish law. Later on, it became an item of public interest after the French Revolution when Benjamin Constant, a French liberal theorist, opposed the idea of ‘property’ referred to as ‘intellectual.’ The concept gained more publicity during the famous Massachusetts Circuit Court ruling in 1845, which involved a patent case of Davoll et al. versus Brown. However, the concept of intellectual property became official in 1967, through the establishment of the World Intellectual Property Organization (WIPO). The concept became even more popular in 1980 following the ratification of the Bayh-Dole Act. Alongside WIPO, various organizations and treaties all over the world have the mandate to agree on, define, and enforce intellectual property rights. These include the World Customs Organization (WCO), the World Trade Organization (WTO), the European Union (EU), the United Nations Commission on International Trade Laws (UNCITRAL), and Trade-Related Aspects of Intellectual Property Rights (TRIPs) (Nayyer, 2002, p. 1-3). Purpose of the Study The rationale of this particular study is to classify the different types of intellectual property and cases of infringement and to explain the measures needed to protect these issues. The study will also discuss how these issues affect business practice and the costs of operating business organizations. The significant effects the issue may have on consumers will also be discussed. A Review of the Literature The term “intellectual property” comprises various forms of creations of mind, such as inventions. An intellectual property could exist in the form anything such as a movie, book, a music composition, a painting, a slogan, brand name, or even a trademark or logo. The concept of intellectual property defines such creations of mind as non-monetary and intangible assets bearing commercial value. For the owners of such assets to benefit financially, they are assigned various exclusive rights over their creations of mind. It is, however, worth noting that once an intellectual property is stolen, it is impossible to recover or replace it. Once stolen, it is the rights or interests of the creator or owner of the intellectual property that are affected. This explains why it is of the essence that there exist laws to protect the rights and interests of the owner over their intellectual property (Cheeseman, 2013). IP laws deal with the exclusive rights of owners over their intellectual property. Intellectual property rights help creators or owners to enjoy the benefits of their works and at the same time make it possible for them to protect their creations. This way, intellectual property becomes just like any other tangible property bearing financial benefits to its owner. According to Article 27 of the Universal Declaration of Human Rights, every person has the right to have their moral and material interests arising from any scientific, artistic, or literary production protected, as long as the person is the author of the production (Cheeseman, 2013). The monetary benefits of intellectual property exist to appreciate creativity and to encourage people to invent and create more. Types of Intellectual Property Rights An intellectual property, which may be under copyright, trademarks, trade secrets, patents, and industrial design rights, can either be classified as artistic or commercial. Artistic works fall under copyright laws, which cover intellectual property under creative or artistic works such as software, music, painting, and books or any piece of literature. Commercial works, or industrial properties, include trademarks, trade secrets, patents, and industrial design rights, and they comprise those whose purpose for creation and use is industrial or commercial. For whichever category of intellectual property, the owner can apply for an appropriate IP right, after which they can now protect their work legally. Cases of Infringement Intellectual property rights have promoted creativity and inventiveness and have provided a channel of protection of such creations and inventions. Therefore, it becomes imperative to respect IP rights and desist infringing them. However, cases of pirating continue to surface, where people copy creative works without the license of the copyright owner. One interesting case of infringement is the one where Sheppa...