Intellectual Property Law Application in the Business Sector - Assignment Example

INTELLECTUAL PROPERTY LAW APPLICATION IN THE BUSINESS SECTOR by Student’s Name Code + Course Name Tutor Date “Copyright and Related Rights” Copyright laws are a set of laws created to protect the intellectual and artistic properties of persons1. A closely related field is ‘related rights’. These rights are similar to copyrights laws except that they may be subject to several limitations that are absent in the later. These laws seek to protect the intellectual and artistic properties of all individuals without any discrimination. Examples of beneficiaries of such laws include actors, actresses, or musicians for their performances, producer of phonograms e.g. compact discs for their sound recordings, broadcasting organizations for their television and radio programs among others. Commonly copyrighted works include poems, plays, reference works, newspapers, advertisements, computers, choreography, paintings, drawing, photographs, sculpture, architecture, maps, and technical drawings. Although the list appears extensive, it does not represent all the works eligible for copyright. What Rights Do Copyrights And Related Rights Provide? Holders of copyright laws hold exclusive rights to use their works in a manner that they deem fit as long as it is not violating any other existing laws. They also bear the right to authorize other persons to use their work upon coming to an agreement on the terms and conditions. All these powers are vested on the creators of the work or their heirs and successors who are commonly referred to as right holders. Once an item is copyrighted, it becomes illegal to reproduce it in any form be it print, sound recording, adaptation or broadcast without the express permission of the owner or right holders2. Many copyrighted works such as publications, sound recordings, and film are meant for public use or profit therefore, they require mass distribution, communication and other form of financial investment to ensure their successful dissemination. In order to achieve this, copyright holders may have to transfer this right to professional entities or companies. These entities are in a better position to develop and market their works. In turn, these organizations receive compensation in form of royalties or other payments. The amount to be submitted is usually a percentage of the total earned revenues and is determined before the signing of such an agreement. The enforceable rights in for any copyright law do not run for eternity. National laws and relevant WIPO treaties determine the duration of time that the creator and his/her successor are expected to financially benefit from their work. The stipulated period under WIPO treaties, begin from the day of creation and fixation of the work and can last not less than 50 years after the creator’s death. Under national laws, the normal duration is 50 years after the performance; recording or broadcast has taken place. In addition, copyright holders maintain the right to claim authorship of a work and the right to oppose changes they deem harms their reputation as long as it is within the allowable duration. In case an entity or a person breaches copyright laws, the holders are allowed to take any of the permissible action. These actions include but are not limited to; civil action suits, criminal prosecution, injunctions, orders for destruction of infringing items, court orders permitting inspections, administrative remedies among others. The Benefits of Protecting Copyrights and Related Rights In order to encourage human creativity and innovation, copyrights and related rights must be protected. Doing so motivates authors, artists and other creators as well as boosts their morale. Incentives in form of recognition and fair economic rewards have also been cited as ways to increase the activity and output of innovators and other creative persons. The creative works of artists, actors, poets, and other persons enhances culture, increases knowledge, and offers entertainment to millions of people around the globe3. This is why it is important to ensure the existence and enforceability of copyright laws. Once this is in place, individuals and companies can begin to invest easily in creation, development, and global distribution of such works to the benefit of the entire society. How Copyright and Related Laws have Kept up with Advances in Technology Phenomenal technological advances have marked the last several decades, and the copyright field has not been left behind. New technologies have introduced new ways of disseminating creations. Satellite broadcasting, compact discs, DVDs and the internet are just some of the examples of modern ways of distributing creative works. As much as technology has been beneficial, it has also brought about its own set of challenges. The Internet for example, has raised difficult questions relating to copyright protection in cyberspace. This and other issues have caught the attention of WIPO who are now are involved in the ongoing debate on how to shape new standards for copyright protection in cyberspace. To address this emerging concern, “WIPO through the WIPO Copyright Treaty (WCT) and WIPO Performances and phonograms treaty (WPPT)” have come out to clarify acceptable international practices that aim to prevent unauthorized access and use of creative works on the internet. How Copyright and Related Rights are Regulated Obtaining copyright and related rights protection is an easy process however, many countries have a national system of optional registration and deposit of works. The purpose of these systems is to address issues arising from ownership, financial transactions, or transfer of rights. In the eventuality that copyright laws are infringed, many authors and performers fail to take any action due to the lack of financial capacity to pursue legal and administrative enforcement. It is in wake of such realities that the need for Collective Management Organizations CMOs or ‘societies’ has arisen. These bodies provide their members administrative and legal support necessary for the management of their work. Trademarks A trademark is a distinctive sign that uniquely identifies and differentiates goods and services provided by an individuals or companies4. They represent a modern system of registration and protection. A combination of words, letters or numerals, drawings and three dimension signs can be considered trademarks. Depending on specific country requirements, these marks can be registered to indicate product quality or serve as certification marks. Trademarks help consumers to identify products besides providing additional information about the product. For manufacturers and other businesses, this symbol gives them exclusive rights to their products or services. It allows them power to authorize other entities to use their product or service for certain duration of time. The difference between copyrights and trademarks is that the later can be renewed indefinitely upon payment of the stipulated fees whereas such an action not possible for the former. Generally, trademarks aim to promote innovation and entrepreneurship by rewarding the concerned persons with both recognition and profit. These marks help hinder trade in counterfeit goods and are used to prevent the entry of inferior or substandard goods into the markets. Bibliography Baldwin, Virginia A. Patent and trademark information: uses and perspectives. Binghamton, NY: Haworth Information Press, 2001.  Campbell, Dennis, and Susan Cotter. Copyright infringement. London: Kluwer Law International, 1997. Derclaye, Estelle. Copyright and cultural heritage: preservation and access to works in a digital world. Cheltenham, UK: Edward Elgar, 2010. McJohn, Stephen M. Copyright: examples and explanations. New York, NY: Aspen Publishers, 2006. Read More