Protecting Intellectual Property Rights

By Raul Bernardino

Introduction:

Nowadays, the sophisticate technologies can makes life so easy to access any types of the information, where it can be downloaded for the goods, and it also can be easily distributed in a matter of the second to anywhere as it is wanted to be. These technologies moves are also having a big impact of the disaster to the technologies industries in which, they are losing tax royalty because of piracy.

However, the industries can also gain more and more another clients over social network that have been stabilized from the customers themselves. Now the industries today, like or not like they must in the position “get social and interact with social and do a business. The brands are for and to be experience by people. in which by fortune, I attended this event.” (Lotusphere conference, 2011 and 2012)

There are several legal institutions that are thinking that the Intellectual Property is also a troublemaker in which not put down into the trade mark of material copyright.

The intellectual of the property define in four main areas of categories:  They are namely the Copyright, the Paten, the Trade Mark, and the Trade secret.

Definitions and description:

Let me staring to talk about the IP in which it is standing for Intellectual Property. The Intellectual Property is namely an intangible rights or it is an abstract idea. The ownership of this ideas, claim as the ownership as a property.

a.    The Copyright: To talk about the copyright, it is a right of somebody who has achieves of something that it had a high value of the performance and it has a good impact in the society. In this sense he or she acts by doing with his and her own hands. It is the art of works in which by being a creative, by being initiative and innovative of creating something new. What I do mean here ‘something new’ is that the creation does not exist before or it is to replace the current existing one. However, it has to make sure, that this material is a new and with the high performance of efficiency, cost effectiveness, and it is the best than whatever is being exist. Therefore, he or he has right to have royalty out of the duplication of that material. Furthermore, it restricted of copying or reproducing of their invention.  It is also restricted to not adopt and adapt it by any means, or transformed it in to the other forms and gets a gain of the popularities of that invention or even gets money out from it.

b.   The Patent: I will start with a brief of patents history. It is started in earliest year of 1331 in the United Kingdom (UK) Empire. The Empire issued a ‘letter of Patent’ to guaranty a monopoly of the certain commercial product in during certain years. The first patent was recorded in 1449 by Sir Henry VI, in which give a guaranty of monopoly of the class coloring to the manufactory for during twenty years. There is also in Venice, grants the patent of monopoly in early 15^th century. However, the modern patents are mostly draw from UK law. Another grant of monopoly is for day to day necessities which are issued under reign Queen Elizabeth I in 1601. During the period of revolution of the industry many legal entities argue the patent in UK were ungainly, however the system remain the same. Similar revolution also happened in America which was lead by Jefferson. In the modern situation the patent system are similar from country to country. And the period of patent it is usually the take around 20 years. During these period of patent no one can allow for using, making, import or sell the invention, even they can show that is came independently. The improvement of the existing patented invention can be done by any one. However the holding improvement patent still not guarantee the right of sell, make, and import the improved equipment without get permission from the original patented holder or owner.  In other hand the originator patent cannot adopt and adapt their equipment with the improvement one without get permission from improvement holder patented. However in the case of pharmaceutical the patented holder does not require a permission grant the changing. 

c.   The Trade Mark: “The trade mark is the sign or word which identifying a particular organization trading in a specific area of commerce protected by law from another company trading in the same are under same sign or word.” (Adams & McCrindle, 2008). The trade mark is can be a symbol that represent them as individuals, institution, and etc for the good and service. The trade mark can be anything that represents a group. In today technology it can be form from the different ideas that represent their communities.  The communities have being experience and continue to be on the product brands itself. There are several procedures on how to apply and the requirements for registering the trade marks in Intellectual Property Office in UK. 

d.    The Trade Secret: The trade secret is a method, pattern or formula of product that been processed and it is kept secret among organization and it is not to disclose to the public. There should a procedure to keep company secret. For instance, to show formula to anyone must have signed an agreement to not disclose the information and it must also clear state that will be getting a sanction, if he or she does so. This is quite similar to the patent however it will be requiring camouflage of their details. However, this trade secret should be transparent among all employees so that they can contribute for the improvement of the quality of the products or even discovering a new ideas that totally different from the original. And this also to allow all employees to become and to be an ownership of what they are involving and doing at their office.

Conclusion:

Today technologies have been facilitating people to interact with each other with have no any problems of the differences of the cultures, race, time and distances. In other word people are easily to make any communication to their relatives, to their friends, to their communities, even to their enemy or strange people in which have no limitation of ages, gender, and entities of the society in world. Now the social becomes a power tool of doing a business.

To flash back to the topic of the intellectual property right, nowadays no single person is smart enough to develop this world. It must be collective ideas to collaborate and find the tune to develop the opportunities for the best of the society. The brands become and to be experience of the people.  The accumulation and collective experiences become powerful knowledge and in the same time become a solution without any delay.

Anyone can just register his/her ideas in the world intellectual property organization. These are all about to how to protect the individuals, group, organization identities and their intellectual and product patent.  

References:

·         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. 401-452

·         Electronic Frontier Foundation  [Online] Available from:  
http://www.eff.org (accessed date: January 30,2011)

·         Free Software Foundation [Online] Available from:  

·         http://www.fsf.org (accessed date: January 30,2011)

·         Intellectual Property Office (United Kingdom)  [Online] Available from:  
http://www.ipo.gov.uk (accessed date: January 30,2011)