Discussion Question 2 Week 9 Global Intellectual Property Rights - Assignment Example

Global Intellectual Property Rights al Affiliation Global Intellectual Property Rights From the e-Activity above, argue for or against the basic arguments behind the global intellectual property right cases that you found. Next, determine whether the courts made the correct decisions. Support your response. The arguments for global intellectual property right cases focus on rationalizing that access to creative properties or manufactured products should be disseminated in a more unrestricted manner.

On the other hand, advocates for global intellectual property rights have asserted that strict adherence to copyright and patents are the only plausible and viable means to preserve ownership and motivate talents to continue in discovery, creation, innovation, and invention, as required. There were reported cases against pharmaceutical companies which allegedly manufacture drugs in generic form that are more accessible and affordable. Likewise, there were disclosed cases against stealing copyrighted music and copying books online (Evans, 2002).

One copyright case which was Perfect 10 v. Google which reportedly “claims that Google’s Image Search service violates copyright law by indexing Perfect 10 photos posted on unauthorized websites, then making and delivering thumbnail images of those photos in its search results” (American Library Association, 2013, p. 1). As noted, Google was asked by the lower court to remove links to websites containing photos from Perfect 10; but the Court of Appeals had apparently favored more of Google’s arguments (American Library Association, 2013).

Likewise, one patent case was about software patents: the CLS Bank v. Alice case, where it allegedly involves “some software concerning doing a "shadow transaction" to see if there are really enough funds to complete a transaction, before completing the actual transaction” (Masnick, 2013, p. 1). The courts apparently made the correct decisions given the presented evidences and in support for weighing which party has comprehensively provided justification for their respective arguments.2. Determine the key legal and ethical issues surrounding the ability of pharmaceutical companies to patent and exploit plant-derived substances, and suggest at least one way in which a company might provide compensation besides direct / individual payments.

Some of the key legal and ethical issues surrounding the ability of pharmaceutical companies to patent and exploit plant-derived substances include identifying and restricting boundaries for exploiting plant species; using animals or even human beings to test efficacy of produced drugs or products stemming from this research; control, governance, and jurisdiction regulations and standards that should be adhered to, especially in exploring new facets (Glenn, 2004). A company delving into this kind of endeavor could provide compensation through some form of royalties or honorarium received by the participant during the course of product life.

Other non-monetary modes like product discounts or health benefits could be provided.ReferencesAmerican Library Association. (2013). Copyright Court Cases. Retrieved from ala.org: http://www.ala.org/advocacy/copyright/copyrightcasesEvans, D. (2002). Who Owns Ideas? The War Over Global Intellectual Property. Retrieved from Foreign Affairs: http://www.foreignaffairs.com/articles/58450/david-s-evans/who-owns-ideas-the-war-over-global-intellectual-propertyGlenn, L. (2004, June). Ethical Issues in Genetic Engineering and Transgenics.

Retrieved from actionbioscience.org: http://www.actionbioscience.org/biotechnology/glenn.htmlMasnick, M. (2013, February 8). Key Case About Software Patents May Hinge On How You Define Significantly More. Retrieved from techdirt.com: http://www.techdirt.com/articles/20130208/13303621923/key-case-about-software-patents-may-hinge-how-you-define-significantly-more.shtml