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Intellectual Property

An analysis of the history and importance of intellectual property.
by

Stuff Stuff

on 7 May 2016

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Transcript of Intellectual Property

How early was intellectual property recognized? In many older civilizations, stealing another individual's was widely condemned as dishonorable
Greece
Rome
One of the first known references to intellectual property protection dates from 500 B.C.E.
There are a couple notable references to intellectual property protection in this time period:
Vitruvius (257–180 B.C.E.) is said to have revealed intellectual property theft during a literary contest in Alexandria.
Literary piracy by the Roman epigrammatist Martial Roman epigrammatist, Martial What were the first official laws protecting intellectual property? On 10 April 1710, a law known as The Statute of Queen Anne was passed in England
The Statute of Queen Anne made it legal for anyone to own a copyright
The Statute of Queen Anne was established because booksellers and printers in England started to push for some kind of copyright protection, referring to the theory of intellectual property What was the Gutenberg Press? The Gutenberg Press was invented in the 14th century
It was invented by Johannes Gutenberg, a german metal worker
It is the beginning of the printing revolution
The printing press gave political leaders the opportunity to control their people, by controlling what was printed What is the history of intellectual property and how has it changed based on human actions? WHAT IS INTELLECTUAL PROPERTY? Dictionary Definition: “Property that results from original creative thought, as patents, copyright material, and trademarks.” WHAT IS THE GENERAL IDEA? What is a trademark? A trademark is a distinct word symbol or phrase that is used to identify a certain brand
Four categories:
arbitrary or fanciful
suggestive
descriptive
generic
Rights to a trademark can be acquired in one of two ways:
By being the first to use the mark in commerce
By being the first to register the mark with the U.S. Patent and Trademark Office ("PTO") “A trade secret is any information that can be used in the operation of a business or other enterprise and that is sufficiently valuable and secret to afford an actual or potential economic advantage over others” (U.S. Legal Code, The Restatement (Third) of Unfair Competition, 1995, §39)
Trade secret protects:
a formula for a chemical compound
a process of manufacturing, treating, or preserving materials
a pattern for a machine or other device
a list of customers What is a trade secret? What is copyright? Copyrights covers both published and unpublished works
Copyright protects:
poetry
novels
movies
songs
computer software
buildings
Copyright does not protect:
facts
concepts and procedures
methods of operation A patent is a right granted to an inventor “to exclude others from making, using, offering for sale, or selling the invention throughout the United States or importing the invention into the United States” for a limited time in exchange for public disclosure of the invention when the patent is granted
Patents protect:
Process
Machine
Article of manufacture
Composition of matter
Patents do not protect:
Laws of nature
Physical phenomena
Abstract ideas What is a patent? Patent No. 174,465: The telephone What is the difference between copyright, trademarks, trade secrets and patents? Copyrights, patents, trademarks, etc apply to different types of creations or inventions
Patents and Trademarks must be registered
Copyright and trade secrets do not need to be registered
Length of time that each type of protection remains in force may differ Why is it important to have intellectual property laws and how have these laws evolved over history in response to human actions? What was happening in the United States? When the colonies secured independence from England, each colony (except Delaware) passed its own copyright law
The distinct body of copyright and patent law in each colony led to a severe degradation in the value of copyrights and patents
In order to remedy this problem, the drafters of the constitution felt that intellectual property law should be encompassed in federal law, instead of state law Case Study: Miller v. Taylor Millar v Taylor (1769) 4 Burr. 2303, 98 ER 201 is a very significant English court decision
The case declared the innate rights of authors to control what they produce, independent of statute or law
The case was between Andrew Millar, a bookseller and James Thomson, a poet
Andrew Millar had bought the rights to James Thomson's poem, "Four seasons" (shown in picture)
After his rights to the poem expired he published his own publication which contained Thomson's poem
The ruling of the court stated that the publishers had a continuous common law right to publish a work for which they had acquired the rights Why is intellectual property important today? What are major effects of having laws that protect intellectual property? Intellectual Property drives economic growth and competitiveness
Strong and enforced Intellectual Property rights protect consumers and families
Intellectual Property helps generate breakthrough solutions to global challenges
Intellectual Property rights encourage innovation and reward entrepreneurs How serious a problem is counterfeiting and piracy? IP theft poses a risk to all industry sectors including
manufacturing
consumer goods
technology
software
biotechnology, including pharmaceuticals
Roughly 7-8% of world trade every year is in counterfeit goods
That is the equivalent of as much as $512 billion in global lost sales
Of that amount, U.S. companies lose between $200 billion and $250 billion
Nearly 20,000 seizures of counterfeit and pirated goods with a total domestic value of $188.1 million and a manufacturer’s suggested retail price of $1.4 billion were intercepted before entering the United States
The total value of counterfeit products presenting potential safety or security risks seized was $42 million How do we enforce intellectual property laws? The Anti-Counterfeiting Trade Agreement (ACTA) is a treaty that attempted to aid the protection of intellectual property rights
The Department of Justice Task Force on Intellectual Property is an organization working to prevent IP crimes
The Task Force:
Focuses on strengthening efforts to combat intellectual property crimes through close coordination with state and local law enforcement partners, as well as international counterparts
Monitors and coordinates overall intellectual property enforcement efforts at the Department, with an increased focus on the international aspects of IP enforcement, including the links between IP crime and international organized crime Case Study:A&M Records, Inc. v. Napster, Inc. Napster was originally founded as a pioneering peer-to-peer file sharing Internet service that emphasized sharing audio files, typically music, encoded in MP3 format
Metallica filed a lawsuit against Napster in 2000 because they discovered that a demo of their song "I Disappear" had been circulating across the network before it was released
Dr. Dre filed a lawsuit against Napster to remove his works from their service
In 2000, A&M Records and several other recording companies, via the RIAA, sued Napste rfor contributory and vicarious copyright infringement under the US Digital Millennium Copyright Act
Napster finally declared itself bankrupt in 2002 and sold its assets. It had already been offline since the previous year owing to the effect of the court rulings Intellectual Property Three different types: Patents: Protects inventions Trademarks: Protects words, phrases and characteristics that make a product distinct Copyrights: Protects written work By: Matan Levine-Janach Field Work I recently interviewed Gloria C. Phares, an intellectual property attorney at the Patterson, Belknap, Webb & Tyler LLP firm
Ms. Phares has been practicing intellectual property law for 26 years
The main areas in which she practices in are copyright and trademark law
She has represented notable figures including Chuck Close,
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