Intellectual Property, Essay Example

Intellectual Property

Intellectual property is still considered a threat to society.  Covering creations of the mind, intellectual property is an important point upon which individuals are protected with their creations.  Individuals and society are harmed as these violations of intellectual property continue to occur.

Defining Intellectual Property

Intellectual property is confined to creations of the mind (McJohn 2008).  Images, designs, as well as creations within culture are covered under intellectual property.  It is a broad term that blankets itself over such ideas, whether they exist in some tangible or intangible form or design.

Intellectual property is often categorized into two primary distinctions.  One category is those within a literary or artistic distinction known as copyright.  These may include films, music, visual art, architectural designs, poems, and others.  The copyright often protects producers, broadcasters, and performing artists from such ideas.

The second distinction is found in industrial property.  These are found in trademarks, inventions and patents, and other ideas that fall within these basic boundaries.  These two categories cover most claims of industrial property in whole.

Rise of Intellectual Property Violations

Intellectual property violations are on the rise.  This is the case around the world, as examined by Nguyen in the Saigon Times Online.  Nguyen states that there were approximately 2,770 cases that totaled $400,000 in the previous year (2009).  Nguyen notes that the national Office of Intellectual Property of Vietnam has been collaborating with the U.S. Chamber of Commerce to examine such statistics and trends.  These rapidly growing numbers echo other estimates of increases in violations in intellectual property, which continue to threaten individuals who are protected by Intellectual Property Law.

The possible effects of such violations are threatening.  In continuing to see such numbers on the rise, targets of intellectual property violations can be noticeable affected by such advances.  The effects are seen within a couple of identified targets.

The Targets of Intellectual Property Crime

The first target of intellectual property crime is the immediate target.  That is, the individual, group, business, or other entity that has been targeted by those who perform the intellectual property violation.  The results can take a variety of forms that can drastically alter the individual or group, which can have serious repercussions for the creativity of the entity.  More directly, such violations can cost a great deal of money in legal proceedings, lost business, and other expenses that are complicated during intellectual property violations.

Arguably society as a whole is a harmed party of intellectual property violations.  More specifically, those within similar industries can likewise be affected.  For instance, the copyright laws of music have been well-documented when in recent years music is being illegally downloaded on the Internet.  This does not only affect the direct artists and record labels, but the industry as a whole, as it has been documented.  To widen out these targets, the rights of all creative intellectual property are jeopardized when the immediate targets are reached.  After all, in the growing number of intellectual property violations and the damages it does to industries as a whole, creative rights become limited for all citizens, to some extent.

Necessary Action

It is quite clear that action must be taken to protect intellectual property.  Also, in the growing nature of such violations, there are further dangers if some methods are not presented. There are some basic areas in which action may be found.

Legal action actions perpetrators could be increased. This would help deter such violations in common industries. Not only can legal action against violators be increased, but such mediums could be better protected.  For instance, as it has been developed, electronic forms of music could include limits on how it can be reproduced.  Similarly, many types of software include limits on actions as well.  Such mechanisms can improve the safety of those with intellectual property.

Well-defined analyses must be done at an industry-related level.  Generalizations can be made for improving the protection of intellectual property, but experts must approach each industry differently.  Protecting the rights of a physical painting and a poem are much different.  In many cases, the ability for creative objects to be transferred electronically makes it much more complicated.

Conclusion

Intellectual property is certainly one area that is more and more affected, often in light of electronic transfer capabilities.  Such violations are on the rise as well.  The targets, which range from the immediate victims to the integrity of intellectual property in society, must be better protected in order to slow down these trends.  Experts need to approach each industry in order to determine ways to better protect intellectual property.

Works Cited

McJohn, Stephen. 2008. Intellectual Property: Examples & explanations (Third Edition). New York: Wolters Kluwer Law & Business.

Nguyen, Hien. 2009.  “Intellectual Property Violations on the Rise.” Saigon Times Online. Retrieved from http://english.thesaigontimes.vn/Home/business/other/4233/.