The Strengths And Benefitations Of Intellectual Property Law

Superior Essays
Intellectual Property Law is a very panoramic assemblage of law; its regards Patents, Trade Marks, and Copyrights. Intellectual Property establishes a very critical role in the improvement of consumer enterprise and acts a driving force for innovation. IP 's are adverted as “ownership of the mind 's products”(Cooter, Ulen, 124); Intellectual property is secured by the law through patents, copyrights and trademarks; this protective screening allows individuals(inventors) the prospect of obtaining acknowledgment & financial payment from whatever they contrive or formulate. With the successful integration of intellectual property law; “the innovator need not fear that others will steal the innovation. Instead of keeping it secret, the owner …show more content…
Unlike patents and copyrights, the construct of trademarks does not refer to the invention, creativity, or distribution. Trademarks also contain the value of sustainability and longevity; they tend to last forever(or till the company dissolves). Now I will elaborate on the conception of patent law and address the strengths and weaknesses.
A patent yields the creator the right to allow/disallow individuals from manufacturing or commerce the patented goods without a license of the patent bearer. The patent holder also has sole commercialized rights to exercise the invention. Royalties are given to the owner of the license; the copyright owner can sell the patent at any price they believe to be appropriate. The patent provides protection and reward inventors and innovators, thus springing the advancements of technological invention. “Patents create An exclusive property right in a design with two dimensions: duration and breadth” (Cooter, Ulen, 128). Duration for patents tend to be 20 years; while breadth is the similarity the product is to another(new one), without infringing on the original
…show more content…
Fearing competition, the owners of patents on drugs are reluctant to license their use in research to competitors” (Cooter, Ulen, 132). This quandary also creates the problem of suppression of innovation, which is a critical purpose of patents. Another difficulty that can arise is innovation with superior instrumentation; a problem depicted in Cooter 's and Ulen 's “Intellectual Property”, is the innovation in the agriculture sector; what if superiority in innovation leads to greediness and selfish actions? A change that could bring in speculative investments due to the superiority of the invention. Another problem which is steadily arising in the patent sphere is the problem with “software patents”(Goldman,2012); this occurs when new, start-up companies develop an idea; established companies are quick to acquire “patent portfolios to keep those portfolios from falling into the wrong hands and with the hope that large patent portfolios will fend off competitor threats (i.e., provide the company freedom to operate its business without interference from competitors’

Related Documents

  • Improved Essays

    Bayh-Dole Act 1970

    • 796 Words
    • 4 Pages

    Furthermore, most university technology transfer officerswho have different motivations from individual researchers-are not focused on increasing public access to public-sector inventions. A recent study found that "university technology transfer activities continue to be predominately patent-centric and revenue-driven with a single-minded focus on generating licensing income and obtaining reimbursement for legal expenses. " Current Bayh-Dole patenting and licensing practices have thus been criticized for creating unnecessary increases in consumer prices and for creating patent hold-ups and a patent "anticommons." The access-oriented goals of the Bayh-Dole Act would be fulfilled best if universities and other recipients of federal research…

    • 796 Words
    • 4 Pages
    Improved Essays
  • Great Essays

    Dynamic Vs Dynamic Court

    • 1797 Words
    • 8 Pages

    Some cases in the Supreme Court’s history stand out more than others. The case of Microsoft v. AT&T is an example of such a case. This case, which resulted in a major and influential ruling on the inclusion of software coding in patent laws, is an example of a dynamic ruling. This claim will be further explored, but first it is necessary to build an understanding of the meaning of both the dynamic and constrained perspectives. 1.…

    • 1797 Words
    • 8 Pages
    Great Essays
  • Decent Essays

    Sam Shadle Foundations A 9/12/15 ________________________________________ Henry VII, First Letters Patent Granted to John Cabot and His Sons (1496) ________________________________________ 1. Summarize the freedoms afforded John Cabot by this Patent. What benefits are guaranteed Cabot under this contract? He is guaranteed, under this patent, the exclusive right to explore the unknown New World bearing the flag of England.…

    • 562 Words
    • 3 Pages
    Decent Essays
  • Great Essays

    The Intellectual property laws protect the right of invention design and artwork. One of the most famous case in an Intellectual Property law was Napster vs Record Industry Association of America. Napster allow many to down load music for free and not CD however napster didn’t own the right to the music. The lost the case and had to close their doors.…

    • 1444 Words
    • 6 Pages
    Great Essays
  • Superior Essays

    Crichton Vs Calfee

    • 929 Words
    • 4 Pages

    (para. 5) leading to the rarity of litigation as fore mentioned by the academic plaintiff. Calfee admits to understanding that problems do exist with this U.S Patent and Trademark Office, however more or less on a whole…

    • 929 Words
    • 4 Pages
    Superior Essays
  • Brilliant Essays

    Apple Vs FBI

    • 1982 Words
    • 8 Pages

    “Protecting Corporate Intellectual Property: Legal and Technical Approaches.” Business Horizons, vol. 59, no. 6, 2016, pp. 623–633. ScienceDirect, doi:10.1016/j.bushor.2016.08.004. Accessed 28 Mar. 2017.…

    • 1982 Words
    • 8 Pages
    Brilliant Essays
  • Superior Essays

    Unit 6 Assignment 1

    • 1167 Words
    • 5 Pages

    1.7 Assignment: Future of Moore's, Kryder's, and Robert's Laws ICT 4000 BUSINESS FOUNDATIONS Tejashree Surarapu University of Denver University College Date. March 28, 2016 Instructor: Timothy Leddy Describe signals about the future you see in these laws. Explain what these laws pertain to and how they influence our understanding of technology. I will answer the question how these laws describe the signals about future in the later part. First I would like to explain about these three laws in detail and how the influence our understanding of technology.…

    • 1167 Words
    • 5 Pages
    Superior Essays
  • Improved Essays

    Crichton V. Calfee: The Gene Patent Argument Michael Crichton and John E. Calfee both discuss the topic of gene patents in their respective articles, “Patenting Life” and “Decoding The Use Of Gene Patents.” However, the similarities end there as their opinions are the direct opposite of one another, with Crichton expressing extreme displeasure at the idea of gene patenting while Calfee is in support of the practice. Firstly, Crichton believes the patenting of genes as a whole to be a mistake. He believes the practice to be a result of the United States Patent Office (PTO) “[misinterpreting] previous Supreme Court rulings” (Crichton 441).…

    • 895 Words
    • 4 Pages
    Improved Essays
  • Superior Essays

    In this relatively recent, landmark Supreme Court case, the Association for Molecular Pathology, various other medical professionals, and even a few patients petitioned together in order to sue Myriad Genetics for attempting to patent the specific genes known as BRCA1 and BRCA2. Christopher A. Hansen represented the plaintiffs of this case while Donald B. Verrilli, Jr., Solicitor General, from the Department of Justice in Washington D.C., argued on behalf of the respondent of the case (SCOTUSblog). BRCA1 and BRCA2 are genes that can be used as indicators of breast cancer in women (Oyez). Myriad Genetics had sequenced these genes from strands of human DNA and wished to patent them for the expressed purpose of control over any future use of the…

    • 1448 Words
    • 6 Pages
    Superior Essays
  • Improved Essays

    Gril Kleen Case Study

    • 844 Words
    • 4 Pages

    Patents and Trademarks: Gril-Kleen Considerations Business growth brings many challenges. Foremost, new legal issues enter the arena as a company expands (Hisrich, Peters, & Shepherd, 2013). Further, as a company gains more exposure, threats to intellectual property, such as formulas and logos, begin to emerge. In the case of Gril-Kleen Corporation, it is important to identify legal issues of expansion, safety and liability issues, and the most advantageous legal protections for the business. This information will allow for proper synthesis and development of business and marketing plans for the company.…

    • 844 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Space Colony Essay

    • 822 Words
    • 4 Pages

    Since its humble beginnings as ARPANET, the internet has become a tool in which citizens can “exercise...a range of human rights, and promote progress of a society as a whole” (United Nations 1). If the United States and its allies were to create a space colony, it would be safe to assume that such a colony would feature a democratic form of government. When this colony is developing laws, it is safe to assume that such laws would not differ much from what society currently deems as human rights here on earth. Therefore; a feature of the space colony must be universal access to a liberally self-regulated internet because it is a facilitator of a host of human rights.…

    • 822 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Antitrust Laws

    • 843 Words
    • 4 Pages

    The United States of America has a number of laws that are proposed to further balanced, fair, and focused business practices. The laws are successfully used as control measures to guarantee that free and reasonable business practices are taken after. The major objective of the antitrust laws or the competitive laws is to guarantee that buyers pay the most reduced conceivable cost in addition to with best quality or nature of products they are utilizing. Today, competitor laws empower everybody to take at least some part in the business or the market.…

    • 843 Words
    • 4 Pages
    Improved Essays
  • Great Essays

    Colgate Brand Analysis

    • 1427 Words
    • 6 Pages

    Q1: Define brand. What do brands mean to you? What risks do they cover for customers and business firms? (by Mahnoor Aziz) Ans.…

    • 1427 Words
    • 6 Pages
    Great Essays
  • Superior Essays

    1. Why do you think that countries like China and other poor or developing nations are havens for intellectual property theft and film/video pirating? In China and other poor nations IP laws are either non-existent or not enforced. For instance, Chinese government has no interest in enforcing these laws, since Chinese businesses hold few copyrights (and those are rigorously protected).…

    • 1288 Words
    • 6 Pages
    Superior Essays
  • Improved Essays

    The core of the pharmaceutical industry problems consists of the expiration of patents, rising R&D expenses, and uncertainties facing new researched products and their abnormal methods of circulation of returns from said product. As rooted in the topic of this case AstraZeneca upholds the gold of innovatively changing the way medicine reaches patients. When patents are first granted there are procedures that followed before a drug reaches the marketplace. Due to the extended timeframe that is required for clinical trials, studies and organizational processes to tested and developed the revenue phase of the drug decreases (Hitt, Ireland, & Hoskisson, 2015). More specifically after the developed drug is ready for sale the patent remaining on these products are near expiration.…

    • 703 Words
    • 3 Pages
    Improved Essays