Privileges and Rights Granted by Ip Laws, Essay Example

Intellectual property laws strive to protect and identify responsibilities and rights linked to the value of ideas. Intellectual Property (IP) laws encompass trademarks, patents, and copyright and grant the public numerous rights and privileges (Eff.org, 1). Copyright holders have the right to adapt, disseminate, and copy the work whose copyright they hold (Baase et al., 180). Civil action against copyright infringement has three years statute limitations, while criminal proceedings have five years. Trademarks protect customers by motivating firms to ensure that products match the expected quality standards (Eff.org, 1). They have a limitation of ten years and can be re-registered in the 12 months after their expiration. Patents shield novel inventions and protect underlying notions (Eff.org, 1). Patent owners can exclude other individuals from selling, advertising, using, making, or importing their invention into America. Patent infringement has a statute of limitations that lasts for six years (Baase et al., 181). This shows that they can also recompense upcoming inventors for releasing new inventions to the general public.

Problems associated with IP Rights

The hindrance of the evergreening of the patents for multinational corporations is a crucial challenge in IP rights. The corporates cannot evergreen their patients by enacting trivial amendments (Baase et al., 183). Another challenge involves mandatory Drug Price and Licensing Control Order which organizations often misuse. The third challenge involves inadequate protection of traditional knowledge to hinder the patenting of America’s traditional knowledge(Baase et al., 183). Another problem consists of the product patent process, which does not protect the product but the manufacturing process hence minimizes the element of market monopoly.

Stakeholders

IPR Stakeholders encompass various groups such as industry activists and associations, IPR offices, and the government. Others are private and public sector firms and organizations (Andersen & Konzelmann, 7). These groups and companies are mainly interested in the IPR office’s management of the copyright process or the patenting process. Otherstakeholders include those consumers and companies who desire to become IP users or the users of the services and goods guarded by IPRs.

Assumptions and Values for Analysing IP Rights

The first assumption for examining IP laws is that patents foster the revelation of new inventions and encourage invention hence enhancing economic efficiency (Baase et al., 190). The second assumption is that patents embody the ideal public policy tool to inspire development and research. (Andersen & Konzelmann, 10). On the other hand, the number of inventions created, expenditure to foster innovation initiatives, and time spent per employee innovating are among the values used for assessing IP rights.

The Benefits Of ‘Parody’ Rights, “First Sale”, And “Fair Use” In Society

A fair use entails copying copyrighted works for a ‘transformative’ and limited objective, such as parody, criticism, or comment upon a copyrighted material (Baase et al., 184). Fare use benefits society because it is used to defend against copyright infringement allegations. The first sale doctrine benefits the community because it affirms that a person who deliberately buys a replica of copyrighted material from a copyright holder obtains the right to dispose or display that specific copy and sell it without considering the copyright owner’s interests (Stim, 1). On the other hand, parodies are materials that well-known mimicry works, conjuring up the original work by permitting its fair usage.

Alternate Copyright Licenses

Creative Commons licenses allow copyright holders to integrate the original work into another piece, modify the original work, and also allow them to sell an integrated or modified work for commercial objectives (Andersen & Konzelmann, 16). Computing professionals undertake alternate copyright licensing because it is not mandatory to register the original work to attach an alternate copyright license to it.

In conclusion, the most excellent approach to examining IP rights will entail tracking the progress of the notions generated through innovation. These notions will be tracked into inventions and then into IP. The benefit of assessing this progression is that it can assist a company in analysing the return on particular innovation endeavours to establish repeatable processes.  

Works Cited

Eff.org. “Creativity and Innovation”. Electronic Frontier Foundation. 2021.

Stim, Richard. “Copyright and Fair Use”. Stanford Libraries. 2019.

Baase, Sara and Henry, Timothy M. A Gift of Fire: Social, Legal, and Ethical Issues for Computing Technology / Edition 5. Routledge. (2017)

Andersen, Birgitte, and Sue Konzelmann. “In search of a useful theory of the productive potential of intellectual property rights.” Research Policy 37.1 (2008): 12-28.