Business Law & Intellectual Property Research Papers, Essays, and Term Papers 1-800-351-0222 or 310-313-1265 Or Order On-Line! Business Law & Intellectual Property Term Paper ID:27184 Get This Paper Free! or Buy This Paper Essay Subject: Examines the need for a reinterpretation of what constitutes intellectual property because of changes wrought by the digital age.... 6 Pages / 1350 Words 10 sources, 14 Citations, APA Format Rating 24.00 More Papers on This Topic Paper Abstract: Examines the need for a reinterpretation of what constitutes intellectual property because of changes wrought by the digital age. Paper Introduction: Business Law and Intellectual Property Introduction Until a few years ago intellectual property rights within the context of business law was a well understood and rock steady area of practice. Intellectual property law can protect product and process inventions including patents, copyrights, and trade secrets. These laws also protect things like names and styles under which a business and its products are recognized in the marketplace including service and trademarks.
Intellectual property laws are also designed to safeguard vital but non-technological information about businesses and their operations, such as customers, suppliers, plans, and finances (Chiappetta, 1997). With the advent of digital Given that new technologies are agrowing source of economic wealth, it is necessary to apply workableintellectual property laws to real world situations. Business Issues and Intellectual Property In general, wealth from trade in intellectual property is generated intwo ways. The intellectual property renaissance incyberspace: Why copyright law could be unimportant on the Internet.
Berkeley Technology Law Journal, Volume 12: Issue 1. The public isconcerned with access. companies lose onedollar to inadequate protection of intellectual property rights for everythree dollars of revenue gained from exported products (Opportunities andchallenges..., 1996). (1996).
3 (citing Congressional Research Service). and Long, C. The first way is for the owner of the intellectual property toincorporate the intangible intellectual property into a tangible productwhich can be made and sold. The Business Journal.
In reference to the Questel-Orbit article, intellectual property lawfails to cover many current situations. For instance, when viewing a movie preview the viewer receivesenough information to make an informed decision. Presented to the Congressof the United States on the agreements reached in the Uruguay Round ofMultilateral Trade Negotiations, p.
The Washington Post, A1, col. Theelimination of all infringements is an impossible and possibly undesirablegoal. (1997). Journal of Technology Law & Policy, Universityof Florida College of Law, Spring 1996 - Volume 1. 22.
With theadvent of digital technology, allowing for the virtually free transfer ofideas and products in a matter of minutes, the protections found underintellectual property laws are called into question. Issues involvingthe protection of U.
S. (1997, Spring). Business law in this regard runsprecisely contrary to the nature of information, which in many casesincreases in value with distribution. 1. (1994).
A cadre of entrepreneurs and existing companies are introducing awide variety of technologies that intellectual property owners can use tomanage the process of infringements. (1997, November 1 ). Limited functionality is essentially a teaser.
Clearly nosingle technology or method can prevent all forms of infringement.
However, it is both theoretically and practically possible that acombination of technologies and other methods will provide significantprotection against unwanted infringement throughout the productive life ofthe intellectual property. Strong rules for the protection of patents, copyrights, and trademarksfacilitate international trade by enhancing a firm's ability to realizereturns on investment and to increase sales and employment. (1996, December 13). The creation and dissemination of intellectual propertyseems highly robust despite all of the threats.
Piracy of intellectual property rights has emerged as one of the mostimportant foreign policy issues for many industrialized countries, particularly the United States (Buscaglia & Long, 1997).
Business Law and Intellectual PropertyIntroduction Until a few years ago intellectual property rights within the contextof business law was a well understood and rock steady area of practice. Intellectual property law can protect product and process inventionsincluding patents, copyrights, and trade secrets.
[On-line]. Washington, DC: National Academy Press, p. Therefore, it maybe more appropriate to address the harm caused by anonymity generally, rather than drafting a specific resolution applicable only to lossessuffered by copyright owners (Schlacter, 1997).Technology to the Rescue?
(eds.). Formerly it was generally assumed that value was based on scarcity, asit is with regard to physical objects.
Report of the United States trade representative's intergovernmentalpolicy advisory committee.
Commercial interests are concerned with branding.
A1, col. U. S.
Producers are estimatedto lose up to rating 8 billion a year because of inadequately enforcedintellectual property rights around the world (Report of the..., 1994).The Congressional Research Service estimates that U.
Some effective methods of ensuring current intellectual property laware: limited functionality, date bombs, copy protection, and encryptionenvelopes. (1996, December 21). Buscaglia, E.
Intellectual property interests abroad have been thesubject of front-page articles in such newspapers as the Wall StreetJournal (Perle, 1996) and the Washington Post (Schwartz, 1996). Big drug makers push Egypt, othernations to end their 'piracy.' Wall Street Journal, sec. Yet U.
S. companies have suffered from the lack of rigorous and uniform internationalstandards for intellectual property rights. Wallerstein, M. In order to bring order to the chaos concerning protection ofintellectual property the means of distribution must first be explored bycommercial concerns and secondly, be accepted by the public (Schlacter,1997).
E., and Schoen, R. (1993).Global dimensions of intellectual property rights in science andtechnology.
These devices are often referred to by IBM'strademark name "cryptolopes." Creators can protect their works bydistributing files in cryptolopes and requiring users to pay for keys thatremove the work from the envelope (Schlacter, 1997).Conclusion Even though intellectual property law needs reassessment a few thingsare quite clear.
Copy protection simply limits the number of timesa file can be copied.
An article produced under the auspices of Questel-Orbit, a member ofthe France Telecom Group, frames the issues precisely: "If our propertycan be infinitely reproduced and instantaneously distributed all over theplanet without cost, without our knowledge, without its even leaving ourpossession, how can we protect it" (Barlow, 1994)? These laws also protectthings like names and styles under which a business and its products arerecognized in the marketplace including service and trademarks.
Intellectual property laws are also designed to safeguard vital but non-technological information about businesses and their operations, such ascustomers, suppliers, plans, and finances (Chiappetta, 1997). 16 countries set treaties onInternet copyrights.
[On-line].Available: http://www. questel. orbit.
Html. Unlike the business of selling and distributing physical copies ofbooks, magazines, music cassettes or CDs, video cassettes or software, thecosts of making one extra copy of intellectual property on-line areinsignificant, as are the distribution costs associated with moving thatcopy to the end user over the Internet. Hoover Institution Essays inPublic Policy. Opportunities and challenges for pharmaceutical innovation (1996),PhRMA, p. Perle, D.
(1994, January 14). B., Mogee, M. foreign policy andintellectual property rights in Latin America.