Tuesday, December 11, 2012

Intellectual Property


By Raul Bernardino
Jefferson ideas on issue of the nature of the information; I do agree and accept his comments and position toward to the intellectual property concept. This was a simple thought but powerful effect in to the nature of the information flows. Additionally, the thoughts have being started from last three centuries. Or even someone have same ideas far before him but not in the written. The letter to the MCMonticello, he wrote in 1813 stated that: “if nature has made any one thing less susceptible than all others of exclusive property, it is the action of the thinking power called an idea, which an individual may exclusively possess as long as he keeps it to himself; but the moment it is divulged, it forces itself into the possession of every one, and the receiver cannot dispossess himself of it. Its peculiar character, too, is that no one possesses the less, because every other possesses the whole of it. He who receives an idea from me, receives instruction himself without lessening mine; as he who lights his taper at mine, receives light without darkening me,” (Jefferson, 1813)

It is very clear that, the ideas of anyone will have no control when it is published. In combine with today’s global village or virtual environment, whereas using of the Information Communication and Technology (ICT) as a media or tools for recording their information and sharing of the existing of the ideas or knowledge to the rest of the world. In this sense, I do think, it is hard to control the intellectual property specially talking about the origin of ideas and knowledge, unless there are laws from the governments to protect them. The reason is that, once it is in the public domain, it would be uncontrolled.

However, in other end this not happen to the indigenous people. Therefore, it must be combining with the cultures or traditional approaches. Moreover, in today world society, there are several societies or areas that not have a communication tool and means to connect to the rest world. For examples of the indigenous people mentioned above; they have no communication to the rest of the world. They are living in the isolated area. They live with their own ideas, culture, norms and intellectuals on how to be survived. For instance, they have no modern medical and access the schools but once they got sick, they will find the way to cure them-selves and tell history to their young generations. They are learned from experiences and telling history to their grand children.  In order to live and continue to develop their ideas from time to time. There are no intellectual’s properties written in place, but cultures and norms are continually transforming their existing.  One of the concrete example people is getting malaria. In the modern situation, they will be immediately going to the clinics or best hospital nearby to get some medicines in order to overcome the Malaria. For the indigenous people, they will just go to the backyard and pick green papaya leaves, boil them and drink and of course it will overcome the Malaria. Moreover, they even go to the jungle and to pick one of the trees leaves’ or skins’ that in their traditional and culture is use to use for this species of the disease. There are lots of examples from indigenous that have not written in the country law.  Now, if there are a similarity among modern people and indigenous. The question would be who is have right to hold the originality of the intellectual properties? Is modern people because they written down? Or is indigenous because telling histories to their grand children?     

Conclusion: I can conclude my argument with three things. The intellectual properties lie on Law, Technology, and Permission. Therefore, the researcher are still going continue to do a research and in academia still going to use scholars as reference. 
  
References list:
·      Adams, A.A. & McCrindle, R.J. (2008) Pandora’s box: Social and professional issues of the information age. West Sussex, England: John Wiley & Sons, Ltd. Ch 12, P.404-405

·         Thomas Jefferson full latter (1813), [on-line]. Available from: http://www.let.rug.nl/usa/P/tj3/writings/brf/jefl220.htm (Accessed date: January 28, 2011)

·         The Role of Law in Modern Society, [on-line]. Available from: http://cnx.org/content/m11795/latest/ (Accessed date: January 28, 2011)

·         Who Rules? Intellectual property, Culture, and, indigenous communities, [on-line]. Available from:   http://www.dlib.org/dlib/march02/seadle/03seadle.html (Accessed date: January 28, 2011)

·         Intellect property culture, [on-line]. Available from: http://www.oup.com/us/catalog/general/subject/Law/IntellectualProperty/IntellectualProperty/?view=usa&ci=9780195338331 (Accessed date: January 28, 2011)

·         World Intellectual Property Organization, [on-line]. Available from: http://www.wipo.int/freepublications/en/tk/913/wipo_pub_913.pdf (Accessed date: January 28, 2011)

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