Economic Rationale for Protecting Intellectual Property Rights - Essay Example

Economic Rationale For Protecting Intellectual Property Rights Intellectual property rights are the right over property which are the creation of a person or entity and covered by intellectual property law. Creations which are classified under intellectual property rights are written, designs, products of a certain geographical area, inventions which are registered by their homeland name and under the sanction of law of intellectual properties in all nations which abide to the treaties of TRIPS and under the validation of the WIPO organization in any of their local and national desks of registrations of rights of use for their inventors or creators for the users. Intellectual property law covers designs, scent, geographical figures and mental property(written) which could not be plagiarized or used illegally by anyone else who has the right to use it for at least 20 years under their own name till it becomes worldwide heritage or could be used by everyone else and manufactured since this property could be given to someone else to benefit out of. In pursuance to the definition of granting rights over property is to give the creator certain rights over property and in pursuance to it, to give its creator an opportunity to profit from it. It is a fact that violation of the intellectual property rights has been flagrant in several countries. And the assurance of protection of these rights is the only safeguard for the owners in keeping ownership of these rights and the products accompanying it. Intellectual property rights are the rights given to persons over the creations of their minds. They usually give the creator an exclusive right to that creation for a certain period of time which reaches 20 years before they could be used openly by any manager of a company or investment to reproduce the product under their own name. This began years earlier to the times of the A.D times when craftsmen worked their works and had their eyes on having marks which registered their works under their names(such as initials or a design of their making to signify their own handcrafts)which later developed into the form of a mark trade which recognized each craft to its customers by its craftsman. (http://www.wto.org/english/tratop_e/trips_e/trips_e.htm#WhatAre). Intellectual property rights (IPRs) generally fall into two categories: 1) copyright and associated rights, and 2) industrial property ,each important as the other where the legal system arranges the works of people who work in the field of the product to make a unification of deals where the percentage of the work and the user of the work and the benefactor of the work all benefit and the rights of the work lie on the shoulders of their inventors where people could recognize the art and the invention by the design, place of origin, characteristics of the art and its uses. After the first 20 years of property intellectually used by its real owners the design becomes a service and series mark and could be used initially as a model of recognizing others and a work and could be categorized under the works of the writer or the worker and use the effect of the work to be universally known as designating a certain group of people who managed to accept and follow the arts and rights of such owners of the property and use it to their own benefits. This is different from patencies as patencies do not accept anyone's usage of the work and replication of the work so as to be solely used by the person who has invented it and made it who could benefit of it alone. This is true and right about people who work on managing their own professions and want to better their careers and stand out inside the dimensions of the field of work.(http://www.wto.org/english/tratop_e/trips_e/trips_e.htm#WhatAre). Authors, artists and composers, which fall under the first, are protected by copyright for literary and artistic works (e.g. books, literary and musical pieces, all forms of artworks, software and films)for a minimum period of 50years after the death of the author then they could be copied and copied again by producers of different companies who want to make benefit of the copying of the work and use of it publicly. At first it is used by those who work in the field of entertainment and know how to offer the service for the public and primarily get all the benefits out of it. When time goes and the 50 years are over the other producers of the different companies could have the benefit of replication and duplication of the work and even re-formation of its themes and use its themes in other forms.(http://www.wto.org/english/tratop_e/trips_e/trips_e.htm#WhatAre). Related and "neighbouring" rights of performers, such as actors, singers and musicians, and producers of sound recordings and broadcasting organizations are included in this category as they have no right but to perform the works and execute the written text of the work. Performance comes in second category to writing scripts and thus the difference lies in the rights between the original writers and the performers of the act as originating the works is not carrying it out in importance as actors and singers come second to the writing as writing is to create and singing is to carry out what exists, even if the works are made by the singers and actors the rules which govern each category is different.(http://www.wto.org/english/tratop_e/trips_e/trips_e.htm#WhatAre). Copyright protection has the objective of encouraging as well as rewarding creative work and this is obvious in the fact of Oscars and Nobel prize and all sorts of works which are awarded locally, nationally and internationally according to how much they are related in the core of humanity and ethics which govern people. Mostly, the more local you are and concerned you're your works of your nation the more international you're worth because nations differ from one nature to another and from language to another, cultures and traditions as well.(http://www.wto.org/english/tratop_e/trips_e/trips_e.htm#WhatAre). Industrial property is subdivided into two areas: a) protection of distinctive signs, in particular trademarks (distinguishing good and services among producers and customers) and geographical indications (identifying the origin of products wherein certain product characteristics relate to their origin, such as Tuscany and French wine), and b) Other types of industrial property are protected primarily to stimulate innovation, design and the creation of technology (http://www.wto.org/english/tratop_e/trips_e/trips_e.htm#WhatAre).Distinctive signs, may last indefinitely, provided the sign in question continues to be distinctive, protection encourages fair competition and protects consumers to make them make informed choices among goods and services .Falling under the second subdivision are patented inventions, industrial designs and trade secrets. Its purpose is to protect the results of investment in the development of new technology, thus giving the incentive and means to finance research and development activities. A working intellectual property regime assists the transfer of technology through foreign direct investment, joint ventures and licensing so that the movement of the work property intellectually does not become taken away from the national regime it was born under and become owned by another country which has only the right to use it and not replicate it except under license and a written permission from the authors or the inventor and his country(a contract of intellectual property transfer).(http://www.wto.org/english/tratop_e/trips_e/trips_e.htm#WhatAre). Patent protection has a usual term 20 years(http://www.wto.org/english/tratop_e/trips_e/trips_e.htm#WhatAre). The social objectives of intellectual property protection are subjected to several limitations and exceptions to strike a balance of interest between the legitimate interests of right holders and of users (http://www.wto.org/english/tratop_e/trips_e/trips_e.htm#WhatAre). AAACN Viewpoint ABNF Journal, The AIDS Treatment News AMAA Journal Aboriginal Nurse, The Adolescence Adolescent Psychiatry Advances in Skin & Wound Care Age and Ageing Alabama Nurse Alberta RN Alcohol Research & Health Alternative Medicine Review American Annals of the Deaf American Family Physician American Fitness Men's Fitness Psychology Today Shape Studies were made to know the effect of enhanced IPR protection with trade. New technology is rare in developing countries due to financial constraints and a way to introduce technology in these regions is through trade and foreign direct investment because the rights of intellectual property are not governed by law or proper rules in the countries of the developing countries and also because the rate of inventors and the facilities of such people to work and make use of what they worked on is not to the competing level of those in the first world that, if a fresh invention or inventor comes to the spotlight in any of the developing countries()which rarely occurs) the first world countries depend on adopting his methods and buying it from the inventor and giving him the nationality for the sake of a beneficiary contract and money and a rich living which was not available in the country of his homeland. Also, because such inventors and such countries have such poverty that makes them unable to think of anything to work out their ways to get out of such regimes which suffocate them unless they get to the works of the people who live a better life who find no problem in finding food and shopping for clothes and a weather which does not cause them draught for three months per year or more and the desertification of the lands which need more of a humanistic level of invention among humans(how to get humans to aid them with their hearts and minds and alms instead of those who invent what could not be food for a nation dying under hunger). Also, the regimes of such countries do not believe in the superiority of such first world countries except if they had such history as theirs(the primitive nations') and also because the people who work on such works will find no affection from people who are in power in their countries because the rule is a hereditary one which is spread among the nations from the king to the students who believe that they should work solely and not in a cooperative manner to achieve benefit for the one and then comes the nation. These countries do not believe in group work and in patience to get themselves out of the problems they live in which require humanistic reflections and not inventions which is why they mostly become authors due to the effect of emotional intelligence in their hearts and which moves their minds and the effect of such people on their works is an emotional one because they live in countries which are described as 'hot and difficult to work in under the present conditions to yield the wealthy nations they dream for themselves of)thus they work on their own and each prefers escaping on their own to the wealthy countries and build themselves well and sell their nationality to the other countries in return for a good living according to what they believe a living is: which is nothing near or close to hard work to gain benefit for the country which is their mother tongue's homeland.(http://www.oecd.org/LongAbstract/0,2546,en_2649_34145_2960002_1_1_1_37431,00.html). For a new technology to be introduced in a country, the host country must give as part of its bargain, the protection of the new technology must be assured. This can be done with the protection that can be derived from intellectual property rights (http://www.oecd.org/LongAbstract/0,2546,en_2649_34145_2960002_1_1_1_37431,00.html ). One method to study the relation of FDI and trade and IPR is the regression analysis wherein FDI and trade trends are equated with an index of patent rights (http://www.oecd.org/LongAbstract/0,2546,en_2649_34145_2960002_1_1_1_37431,00.html).This index was found to correlate well with survey measures of intellectual property laws in practice. The empirical study investigates national data as well as data disaggregated by industry. The period covered is from 1990 to 2000 (http://www.oecd.org/LongAbstract/0,2546,en_2649_34145_2960002_1_1_1_37431,00.html). This method of analysis reflects positively with FDI and moderately with trade (Park, 2003) where FDI increased with patent increase in least developed nations (weakest IPR) and second largest for the developing nations (next weakest)(http://www.oecd.org/LongAbstract/0,2546,en_2649_34145_2960002_1_1_1_37431,00.html). There is only a certain level where correlation manifests and does not always mean that strong IPR would mean increase in FDI and trade (Park, 2003). Thus, strong patent protection which gives excessive market power to producers of marketing products has negative influence on FDI and trade (http://www.oecd.org/LongAbstract/0,2546,en_2649_34145_2960002_1_1_1_37431,00.html). The FDI-trade tandem and patent rights relationship differs by industry and level of economic development since intellectual products, being created for public good do not always allow others from producing and distributing the same good (http://www.oecd.org/LongAbstract/0,2546,en_2649_34145_2960002_1_1_1_37431,00.html ). Read More