- Provide a formal definition for Intellectual Property?
- In your own words, please provide a definition for Intellectual Property?
- Provide three examples that ARE IP and three examples that ARE NOT IP?
- Answer each parts of the following questions
When deciding ownership of Intellectual Property, who is the final arbiter of the ownership claim? Why? Is this clear and understandable? Is there opportunity for conflict? Who resolves this conflict, if it exists?
Table of Contents
1. Formal definition of intellectual property
2. Defining intellectual property
3. Examples of IP and non IP
4. Final arbiter and reason of claiming ownership
Clear and understandable claim
Person resolves conflict
Intellectual property is the artistic way of creating mind and putting innovations into different artistic work. Along with that, creating latest advanced designed work and different symbols as well as images are significant parts of intellectual property. Four types of IP such as trade secrets as well as trademarks and copyrights and patents are intended to protect confidential information and different functional features. As opined by Baldwin & Henkel (2015), copyrights assist in protecting authorship and patents assist in protecting functional features of specific instrument.
Intellectual property is specific right of property which is protected significantly under Government legislations. Government legislations include works as well as copyrightable innovative work and inventions based on which intangible property is secured perfectly. As opined by Tavani (2013), intellectual property is fully related to intangible property which indicates trademarks as well as copyrights and patents. Main purpose of Government legislations based on intellectual property is to encourage employees of business organization to create artistic work and put innovations into business process. Protection of intellectual property mainly trademarks and secret information related to budget and net earnings profit of business organization are most essential factor in case of maintaining strong intellectual property.
Under copyrights, software as well as architectural designs and graphic arts are proper examples of intellectual property.
Without considering artistic work and graphics work as well as industrial property, non-Intellectual property can be described. Due to which, it can be demonstrated that rate of earning profit as well as daily basis budget sheet and schedule paper are not included under intellectual property. As per views of Baldwin & Henkel (2015), different artistic works as well as creative idea and innovations are key parts of intellectual property due to which proper protection of these properties is needed.
In the absence of making an agreement between two parties, creator owns the intellectual property due to having full effort to create artistic works and strategic ideas. As opined by Tavani (2013), intellectual property simply denotes to creation of artistic work and strategic ideas for the purpose of making design and symbol on large number of goods. Along with that, Baldwin & Henkel (2015) suggested that without protecting trademarks and patents as well as conventional features of devices, confidentiality cannot be maintained.
This is fully clear and understandable claim due to having full effort by creator in case of designing unique symbol and creating artistic work which are required for enhancing brand recognition.
Conflict situation creates if work of one person results in disregard of work of another person. As per principles of USA Intellectual Property Act 2011, creation of intellectual property is the hard work of an individual due to which creation of conflict situation is illegal (USA Intellectual Property Act 2011, 2019).
Regulating body of Government resolves conflict by raising fact regarding hard work of an individual. Along with that, conflict situation is resolved by understanding the creator of artistic works and graphics design.
Baldwin, C.Y. & Henkel, J., (2015). Modularity and intellectual property protection. Strategic management journal, 36(11), pp.1637-1655. Retrieved on: 17th Feb 2019. Retrieved from: https://www.emeraldinsight.com/doi/abs/10.1108/JKM-11-2016-0509.
CAN-SPAM Act 2003. (2019). ftc.gov. Retrieved on: 17th Feb 2019. Retrieved from:https://www.ftc.gov/tips-advice/business-center/guidance/can-spam-act-compliance-guide-business.
Tavani. T.H., (2013). ETHICS AND TECHNOLOGY: Controversies, Questions, And Strategies For Ethical Computing. John Wiley and Sons: New Jersey. Retrieved on: 17th Feb 2019. Retrieved from: https://www.chinhnghia.com/Ethics_and_%20Technology.pdf
The Digital Millennium Copyright Act Of 1998. (2019). copyright.gov. Retrieved on: 17th Feb 2019. Retrieved from: https://www.copyright.gov/legislation/dmca.pdf.
US Intellectual Property Act 2011. (2019). congress.gov. (2019). Retrieved on: 17th Feb 2019. Retrieved from: https://www.congress.gov/bill/112th-congress/senate-bill/968.
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