Intellectual Property Law

What do you think about the concept of Intellectual Property?

Do you think it works in the favour of the individual, or the society? Do you think it's ultimately fair to reserve such kind of property? Do you think it is a new way of excercising economic monopoly?

Public Comments

1. First of all, it is not a new way of doing anything. The right to copyright is written into the U.S. Constitution, explicitly. The clause in the Constitution is interesting, because it clearly sets out the rationale. The purpose is to provide for the betterment of society as a whole, by providing an incentive to create. The idea is that if a person can control the fruits of theor intellectual labor for a "limited term" they will put the effort into making a worthwhile product that will pay them back for the effort. No one is going to spend years writing a book or music or what have you, if it can be ripped off immediately. The Constitution also says the right to control is for a limited term, meaning eventually the product passes into the public domain. The stated goal of all of this is to encourage creation and supply -- so that consumers (readers listeners, patent users, etc) have more to enjoy.
2. It serves as protection for the inventors/scientist, writers, artist etc. It's not a monopoly. Just a protection of one's right.
3. I would agree with the point that it is more getting into the favour of society rather than individual framework. But how to assess what is called the Intelectual property? What are the factors etc ect. Have you ever thought about that?
4. I'm most familiar with trademarks so I can only speak from that point of view. I'll answer your questions point-by-point: 1) Trademarks favor both the individual & society. It protects the trademark owner in that they are granted the exclusive rights to their name, logo, etc. within their industry. It benefits society in that having a trademark discourages others from infringing upon you. Brand recognition is not merely a great marketing advantage but it's also an indicator to the consumer about quality, reputation, etc. 2) Yes, I think it's absolutely fair to reserve your name within your industry. I've, unfortunately, heard many horror stories from business owners who did not research or file their name & then found out they had to change their name due to another party's prior trademark or common-law rights. That resulted in major losses, economically and in terms of time & effort. 3) No, not in respect to trademarks. Trademarks function as protection for the trademark owner. If another party infringes upon you by causing customer confusion, a trademark will assist you in getting that other party to cease & desist. Imagine if you had spent all this time, money & effort into your business and then find out you're losing business to infringers, who in turn are making a profit because customers are confusing them with you. That's a needless frustration. Hope that helps!