Objectives of Intellectual Property Laws - Coursework Example

Name Institution Name Course Name and Code Date Table of Contents Executive Summary 3 1.0Introduction 4 2.0International Agreements and Associations 4 3.0International Legislation 6 2.1 Copyright 6 2.2 Patents 6 2.3 Trademarks 7 2.4 Industrial designs 7 2.5 General laws 8 4.0Objectives of Intellectual Property Laws 8 5.0UAE Legislation 9 5.1Preview of Intellectual Property Legislation 9 5.2Copyright Legislation 10 5.3Copyright Legislation on the Internet 11 5.4Infringement in the Traditional Context 12 5.5Infringement in the Context of the Internet 13 6.0Conclusion 14 Works Cited 16 Executive Summary The world development has resulted in numerous technologies, which requires protection. Intellectual property is products and services derived from creativity and innovation. In the world, agreements and associations exist that are aimed at championing the use of intellectual property and relevant legal requirements. Some of the institutions that play an important role include WIPO Convention, European Union, and World Trade Organization to name some. The objectives of intellectual property laws are to manage economic, financial and moral obligations. Different types of intellectual property protections exist, which include patents, a copyright right, and trademarks. The government of UAE has continued to advance intellectual property. The government has formulated and implemented numerous measures to ensure the intellectual property of different entities is protected. UAE continues to amend and introduce additional legislative to improve the intellectual property legislation requirements. The frequent changes are attributed to the continued development of intellectual property and also challenges associated with these developments. 1.0 Introduction Intellectual property (IP) refers to the creations or use of mind or intelligence in developing products and services. The law realizes the importance of intellectual property and the regulations in place are aimed at advancing creativity and innovation of the creators. Some common intellectual property rights include industrial design rights, patents, and copyright. Others are trade dress and trademarks which cover designs, symbols, phrases, words, inventions and discoveries, and artistic works. The ideals of intellectual property existed but have evolved at a faster rate in the previous century because of the extensive and numerous inventions. Intellectual property rights have become important in the societies and communities. The first part of the paper discusses the international agreements and associations are referring to the different institutions/entities and organizations advancing the requirements of protecting intellectual property. The second part discusses the different types of intellectual property. The third part analyzes the objectives of intellectual property rights while the last section analyzes United Arab Emirates legislation on intellectual property. 2.0 International Agreements and Associations In analyzing the intellectual property, the discussion has to be viewed from two perspectives: it is dual in nature. Intellectual property has both international and national dimension. For example, the rules of a given country and national laws govern patents while international conventions create mechanisms to ensure minimum rights and protective capacities are provided. Therefore, the contracting states are responsible for implementation of minimum rights (World Intellectual Property Organization 2015). Some regions are thinking of advancing and improving the capacity of intellectual property laws and engagement. For example, European Union is advancing for the harmonization of both procedural and substantive laws. It is aimed at ensuring the countries making the European Union work together and implements intellectual property laws. The aspect and negotiations on intellectual property rights have brought together different institutions to advance protection and encouragement of innovation and creativity. World Trade Organization has created mechanisms to advance the requirements of intellectual property through structures, such as regional trade agreements. Trade-Related Aspects of Intellectual Property Rights (the TRIPS Agreement) supports the requirements of the intellectual property. Furthermore, United Nation has legislative and directives that define the direction of the intellectual property. World Intellectual Property Organization (WIPO) advances numerous treaties to champion intellectual property. WIPO administers around twenty-six treaties, which includes the WIPO Convention. The treaties are grouped into three parts: IP Protection, Global Protection System and Classification. In IP Protection, the treaties include Brussels Convention, Berne Convention, Patent Law Treaty, Paris, Nairobi Treaty and Singapore Treaty on the Law of Trademarks. The treaties under Global Protection System include Lisbon Agreement, Hague Agreement, Madrid Protocol, Madrid Agreement, PCT, and Budapest Treaty. The Classification includes Vienna Agreement, Strasbourg Agreement, Nice Agreement and Locarno Agreement. These agreements and treaties have continuous evolved to address the different requirements of the intellectual property. 3.0 International Legislation 2.1 Copyright The copyright laws are aimed at protecting original creative works. The works include music, dance, photo, software, movies, architecture, writing and paintings. Federal and international laws protected the copyright products. However, certain conditions have to be fulfilled before qualifying a product for copyright protection. The length of the protection is also defined based o the nature of the work and when the work was first published. The purpose of these legislations is to provide protection to the innovators and also to allow other individuals especially the society to benefit. For example, some of the products are protected for twenty-five years meaning that after twenty-five years, an individual can use the copyrighted product. Therefore, the creator will benefit from the product while the society, in general, will benefit after a given period. 2.2 Patents A patent is defined as a set of exclusive rights that are issued by a sovereign state to an innovator or a creator. A patent usually issued lasts for a specified period of time and after the period; the public is given disclosure of the invention. The patent or invention can be viewed from a different perspective, but it is commonly technological in nature. It aims to solve a specific technological problem, process or even a product. The sovereign state usually has laws and regulations that define patent and the period in which patents would exist. The purpose is to ensure the socioeconomic environment benefits from the invention. It ensures the public benefits while also the inventors benefit. The legislation may differ because of the jurisdiction, but the presences of numerous agreements mean that a definite framework can be created to advance the requirements of the patent. 2.3 Trademarks Trademark laws are aimed to protect brand names, such as Microsoft and Dell, as well as slogans, logos and other characteristics that define a product or service. The characteristics should be able to differentiate a product from others and are usually protected by state and federal trademark laws. Moreover, trademarks receive different levels of protection based on numerous variables, which include the type of product and service it identifies, consumer awareness of the trademark and the geographic region in which the trademark is utilized. Furthermore, a trademark can last longer than other intellectual property laws because of the nature of product or services. 2.4 Industrial designs The industrial design defines the aesthetic aspect or ornamental aspect of an article. The design can be a three or two-dimensional feature and may incorporate components, such as color, lines, and patterns. Numerous laws exist that targets and aims to protect industrial designs. Moreover, specific treaties exist that protects the industrial design, which include WIPO Convention, Paris Convention, Locarno Agreement, and Hague Agreement. The purpose of the agreements and legal directives are to ensure the innovations and creativity of individuals are acknowledged. Furthermore, the legislations have means of addressing complications or misunderstandings associated with the industrial design. 2.5 General laws The general laws may include the right of publicity, trade secrets, and right privacy. In the case of the right of publicity, the name or the image of an individual is protected. The purpose of the law is to prevent a commercial entity to use an image or name of a person without authorization. The laws vary across the world. The trade secrets law is aimed at protecting sensitive business information. For example, a confidential market plan can be seen as a trade secret (Bently and Brad 17). Moreover, the secret recipe for a soft drink can also be seen as a trade secret. The underlying requirement is whether the secret is advantageous to an organization, do competitors know the secret or the significance of keeping the secret, secret. The right of privacy aims to prevent invasion of privacy through aspects such as falsely portraying an individual, exposing personal information and introducing. Even though the right of privacy is not extensively an intellectual property law, but it plays an important role in limiting technological develops to invade personal privacy. 4.0 Objectives of Intellectual Property Laws The objective of numerous intellectual property laws is to champion and promote progress. The objectives can be viewed from financial incentive, economic incentive, and moral directives. The financial incentive is to protect the innovation resulting in the generation of income to cover the cost associated with research and development. It is expensive to create and develop some products and services, and protecting the products is the only solution to continue or create an incentive to innovate. The economic growth is another objective of intellectual property law. For example, the numerous international agreements and WIPO treaty underline the importance of intellectual property rights protection as an integral component ion economic growth. The economic growth is premised on fair trading, and fairness can be achieved through the effective legislative system. For example, the Anti-Counterfeiting Trade Agreement is aimed at enforcing the rights associated with sustaining economic growth. Furthermore, there are also moral related issues associated with intellectual protection. Some of the legislations discussing intellectual protection include Universal Declaration of Human Rights, which further splits the aspect of protection to three categories. Some of the arguments associated with intellectual property protection include natural rights argument, utilitarian, pragmatic argument, and personality argument. These arguments raise the pertinent importance of intellectual property laws in protecting creativity and innovation. 5.0 UAE Legislation 5.1 Preview of Intellectual Property Legislation Most legislations and legal matters are contained in the Constitution of the United Arab Emirates (1971). However, there are two main IP laws that were enacted by the legislature. The laws are Federal Law No. 37 of 1992 on Trademarks amended by Law No. 19 of 2000 and Law No. 8 of 2002 (1992)and Federal Law No. 40 of 1992 on the Protection of Intellectual Works and copyright (1992). These are the main legislations guiding the intellectual property requirements. The legislate has also passed numerous IP-related laws including laws on Combating Cybercrimes, Electronic Commerce and Transaction, Amended of current laws to reflect the changing requirements of the intellectual property. The Executive branch of the government has also issued numerous intellectual property laws including consumer protection, Protection of New Plant Varieties, industrial Regulation and Protection of Patents and Emirate of Sharjah on Antiquities. Different institutions have been tasked with implementation of the enacted bills. For example, the Supreme Committee for the Supervision of the Telecommunication Sector and other Institutions have continuously advocated and contributed towards implementation of the enacted legislations. Furthermore, UAE government has implemented the WIPO-Administered Treaties and numerous intellectual property related multilateral treaties. Thus, the UAE has played an important role in advancing innovation and creativity in the fields of intellectual property. 5.2 Copyright Legislation UAE understands the importance of copyright legislations and has developed mechanisms to advance intellectual property laws. UAE has different institutions and departments to advance innovation and creativity (AGIP UAE Office 2015). The country has different legislative regions, but each of these legislative sections adheres to the central government directive to upload the specificities of copyright legislations. For example, the UAE government has formulated and implements different legislative and executive orders to champion copyright requirements. In addition, the UEA has continued to partner with different entities to encourage institutionalization of copyright laws. For example, the different ministries, such as security and information technology, have come together and created a framework to advance the requirements of enacted legislations. The different institutions have also partnered with multinational in the implementation of the legislations. The multinational entities such as HP and other companies have created a framework and entered into a partnership with the government to enforce the regulations and laws. Moreover, it is a beneficial relationship because the government has the police to arrest the culprits while the multinational have the capacities to authentic and determine the legality of the products in the market. UEA is among the largest companies exporting oil and also a tourist destination. Millions of people visit or pass through the country annually meaning that chances of infringement are high. In addition, the country is vulnerable to cyber-related crimes that affect the requirements and expectations of copyright legislations. Hence, the continuous updating and implementation of the copyright legislations has improved the position of UAE as a creative and innovative country. It can be seen through the unique architectural design and other infrastructural designs. Thus, formulation and implementation of legislative to advance copyright requirements have been integral to the legal framework of UAE. Furthermore, UAE understanding of the workings and collaboration across the world has enabled the country to enter into agreements to advance copyright legislations. 5.3 Copyright Legislation on the Internet The technological advancement has resulted in repealing and enacted new laws to address the requirements of the technology. For example, the Internet continues to play an important role in financial, technology, social and economic developments. The operational requirements and the need for technology especially Internet forced the legislative departments to introduce Combating Cybercrimes, and Electronic Commerce and Transaction laws to prevent criminal activities. The purposes of the laws are not to protect the copyright requirements but also to advance the security of the country. For example, copyrighted internet platforms such as social media can be used to create insecurity. Thus, the insecurity aspect can be seen as an infringement of the copyright requirements of Internet platforms. Therefore, the copyright legislation on the Internet is analyzed from different backgrounds. The Internet-based technological advancement has contributed to creation and implementation of different agreements. For example, financial based Internet innovations have to be managed by the central bank and should follow the financial legislations. Therefore, UAE understands the importance of copyright and has instructed different institutions that use innovative products to adhere to the legislations and laws governing innovation and creativity. Furthermore, the judiciary has defined measures and approaches to advance the protection of the copyright regulations. Thus, the collaborative approaches continue to improve the copyright situation in UAE. 5.4 Infringement in the Traditional Context UAE Copyright Law defines the intellectual property requirements, measures to prevent infringement, role and responsibilities of different stakeholders, and limits allowing the use of copyrighted information. The traditional content allowed protection of information against copying, photocopying and use of other measures to regenerate information. The infringement was also limited because of the technicalities of accessing the copyrighted information and sharing the information. UAE had the legislations to protect against such practices. Furthermore, the intellectual property laws were not in existence because of the lack of extensive research and developments. In addition, the objectives of intellectual property laws had not been integrated into the way the businesses operate. 5.5 Infringement in the Context of the Internet The technological advancement has created additional challenges to the intellectual property industry. The frequency of infringement in the context of the Internet is high because of easiness of access to the information and methods of sharing the information. The number of intellectual properties has increased during the Internet period. The Internet has provided numerous benefits to advance research and development and also provide a mechanism to advance infringement. For example, most of the protected products can be in software and technological in nature, and these technologies or products or services originate from computers: the computers are used to generate the designs. It is, therefore, easier to forward the information or stored in a portable device. Moreover, large portable storage devices exist meaning it is easier to transport the information/intellectual property. In addition, the technology advancement has resulted in new type of criminal activities. The presences of hackers and cyber attacks have made it easier to steal the intellectual property and share. Moreover, alternating the design and use of the technological components as become easier resulting in intrusion of privacy. For example, hackers from other countries are able to introduce a virus or malware to a technological component in another country. Even though it can be seen as a virus or a malware, the extent of destruction may be high resulting in eroding the benefits of the technological equipment. However, the UAE government has continued to research and institute measures against such intrusion. The frequent amended and implementation of intellectual property laws is aimed at integrating the requirements of continuous developments and needs of intellectual properly. 6.0 Conclusion In conclusion, intellectual property plays an important role in the way industries and entities operate. The intellectual property is the products and services that originate from research and development, and also creativity and innovation of different entities: the entities may include organizations and individuals. Numerous types of intellectual property exist, which include patents, copyrights, trademarks and industrial design. The application of laws and legal frameworks differs across the world, and also its applications are premised on the nature of the products and services. Numerous conventions and agreements exist targeted at encouraging innovation and creativity. UAE understand the significance of the intellectual property and the country has created mechanisms and strategies to protect the intellectual property. The legislatures are frequently amended because of the changing technological requirements and the needs of the inventors. Works Cited AGIP UAE Office. Summary. 2015. Web. Nov. 17, 2015. http://www.agip.com/Agip_Country_Mainpage.aspx?country_key=10&lang=en Bently, Lionel, and Brad Sherman. Intellectual Property Law. Oxford University Press, 2014. Print. World Intellectual Property Organization. What is Intellectual Property. 2015. Web. Nov. 17, 2015. http://www.wipo.int/about-ip/en/ Read More