The Introduction of Intellectu
The Introduction of Intellectual propertyBefore we begin to discuss the issues of intellectual property, it is necessary for us to have the clear understanding of it. Intellectual property, often known as IP, allows people to own their creativity and innovation in the same way that they can own physical property. The owner of IP can control and be rewarded for its use, and this encourages further innovation and creativity to the benefit of us all.In some cases IP gives rise to protection for ideas but in other areas there will have to be more elaboration of an idea before protection can arise. It will often not be possible to protect IP and gain IP rights (or IPRs) unless they have been applied for and granted, but some IPprotection such as copyright arises automatically, without any registration, as soon as there is a record in some form of what has been created. "Ï Patents for inventions - new and improved products and processes that are capable of industrial application."Ï Trade marks for brand identity - of goods and services allowing distinctions to be made between different traders."Ï Designs for product appearance - of the whole or a part of a product resulting from the featu
While trademarks are of greater importance in this virtual environment, they are also more vulnerable to infringement, dilution and anticompetitive practices. Several industry and technology initiatives to set standards in various industries have emerged over the years, although none has yet established uniform standards for technological protection measures. The fact remains that these methods can currently all be circumvented. The value of many online companies, for example, may be found in their vast databases of customer information, which may be the subject of intellectual property protection. The business and financial news sites, offered by CNN, ABC and The Wall Street Journal, for example, have been relatively successful in charging for content, as they established an early pattern of charging for information and found customers who saw value in their purchase. The invention of, in turn, the printing press, phonograms, radio and television broadcasting, cable and satellite transmission, videocassette recorders, compact disc (CD) and digital versatile disc (DVD) technology and, now, the Internet, has affected both the form and the substance of intellectual property rights. Atkinson, Confronting Digital Piracy: Intellectual Property Protection in the Internet Era, http://www. The Web is a territory where caveat emptor is the rule and, as a result, consumers increasingly rely upon strong brand awareness and brand performance for the confidence to engage in e commerce. Many people have an expectation that any information on the Internet is free, and that expectation must be changed if online piracy is to be brought under control; Federal and state laws should not discriminate against online distribution of content. (Mark Minasi, Intellectual Property Protection in the Internet Age, July 3, 2001. Protectionist laws that favor bricks-and-mortar retailers will only slow the digital transition and encourage users to resort to piracy to acquire what they cannot get legally; Congress, rather than the courts, should lead the debate on how consumers can use digital content.
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