China has become much maligned for violations of intellectual property rights. Numerous accounts proposed that you could buy knock-off iPods, Callaway golf clubs, laptops, and the like on various street corners in urban China. Discuss both sides of the intellectual property argument as it pertains to developed and developing nations and economic prosperity through product/service examples. What are your thoughts or this matter? Please define intellectual property. When researching the paper please look at the pros and cons comparison of the intellectual property rights argument.
Can quote Chinas involvement in the intellectual property rights. Please write about why intellectual property rights should not be tolerated and then explain why intellectual property rights can be a useful tool in the marketplace especially in the economies of both developing and developed nations. Use examples of products. How does intellectual property rights affect employment, technology, comparative advantage, prices, competition, mergers and acquisition, joint ventures, quality of products, product safety, legal implications, customer service, ethics if it has to do with drugs.
Please write your thoughts in this matter. When quoting products please try to use products that are available in US. Please don’t assign to 20554. Intellectual property is any property that develops from the creative inputs of the mind. There are intangible rights in the sense that they are not given over physical object (unlike real estate property which is physically present). The individual or organization, which puts in the creative efforts, would be gaining the privilege of the IP Right. An intellectual property right would be giving the owner the right to make, sell, distribute or import the product.
The IP would specifically prevent others from using the property without the specific permission of the owner. The owner would enjoy certain incentives and benefits that no other person would enjoy from that creative input. Several types of intellectual property exists namely copyrights, patents, trademarks, designs, geographical indications, trade secrets, traditional knowledge, plant breeders rights, chip protection, etc (WIPO 2007, Ramakrishna, 2005). Three theories have been proposed by three different people in order to reward of the creator or inventor for his inventions. These include John Locke, Hegel and Karl Marx.
According to John Locke every individual has a property within himself or herself. If you consider this, than an individual would have the full rights to enjoy the fruits of his labor, be it intellectual labor or physical labor. Hegel on the other hand put forward the ‘Personality justification of property theory’. He also said that the embodiment of personality was property. Hence, an individual through his creation had to be given personal expression, dignity and respect. The expression of an idea was also a form of the individual’s personality, something that had to be given uniqueness and respect.
Hence, it had to be protected. Several intellectual property instruments such as copyrights and trademarks can be represented through the Hegel’s personality theory. However, patents cannot be represented through this theory. A more materialistic significance to the intellectual property right concept was given to Karl Marx. He was a powerful thinker of the 19th century from Russia. Property was a mean through which the rich could be separated out from the poor. He considered property to be a tool to cause alienation and a rift between the rich and the poor. All ideology was related to property.
Due to the stringent employment and contract rule, the employers who were rich had ownership over the intellectual property that usually belonged to the poor workers. The labor that is employed should be creative in nature to ensure that intellectual competition is encouraged rather than discouraged (WIPO 2007, Ramakrishna, 2005). Intellectual property rights have a lot of advantages and disadvantages. Advantages: – 1. It aids to benefit the creator for his efforts and the society for making use of the efforts (could be a win-win society for both the creator and the society). 2.
The creator has exclusive rights over his invention and could make it work. 3. It would act as a motivating factor to encourage the owner to produce more and more beneficial expressions for the society. 4. Following expiry of the IP protection term period, the society could make use of it. 5. Once the IP is in public domain, the society could experiment with it to make new applications. 6. The public would have a fair deal to access the protected IP through the fair use exceptions. (Gluckman, 2007). Disadvantages: – 1. The creator may charge the society very high amounts to work his creations. 2.
Some owners may not like to work their creations at all. 3. IP protection is given for too long a period, often coming into the public domain once the technology is actually obsolete. For example copyrights are given protection for several decades. 4. The public is not given much of a chance to actually examine the creation that is protected through an IP. 5. Intellectual property includes several types of rights and the owner may find it very difficult to actually decide which kind of right to protect his creation. 6. The process of registration the IP is often very complicated and difficult.
7. IP has to be registered in each and every nation or region in order to gain protection in that particular region or nation. 8. Several misuse patterns such as peer-to-peer exchange and illegal downloading have developed due to stringent IP rules. 9. It may be very difficult to protect the IP in the present digital age as duplication and transmission across borders is very easy (hence enforcement would be very difficult). 10. Nowadays IP have huge cash backing, often making it very difficult for the common man to access. (Gluckman, 2007).
In developing countries like China and India, there is lot of difficulties with IP. One of the instruments that have been developed to specifically solve the property of removing any hindrances with the flow of technology from developed nations to the developing ones is the TRIPS agreement. However, if is often very difficult to enforce the IP developing nation compared to the developed one. In China this may arise due to several reasons including: – 1. Lack of awareness in the people. 2. Poor initiative by the government. 3. The presence of cheap labor.
4. The ability of the industry to duplicate technology. 5. Absence of any international treaties and negotiations to protect international IP. 6. Poverty of the people. 7. Lack of affordability. 8. Considering IP to be a policy of the West. (Drahos, US Department of Commerce, 2003) In developed nations such as US and the European Union, it may be very easy and practical to have stringent IP rules in place, as there is a lot of awareness amongst the people and a strong enforcement system. Besides, the people are also able to afford the IP.
China is a haven for IP misuse. More than 90 % of all copyrighted items are illegally pirated. One fifth of the products available in the market are counterfeited. Besides, if any product sells well, it is likely to be illegally duplicated. Although China has a very poor IP enforcement record in the past, the country is doing a lot to help protect IP and prevent misuse. Small and medium sized enterprises form an important part of China’s economy. These enterprises generate a lot of revenue for the country through exports to the Western nations.
The West has strongly indicated that China should adopt a strong IP policy. Hence, these enterprises are beginning to respect IP. Enforcement of TRIPS has also been one of ways through which China has improved the IP protection levels. Some of the measures that the Chinese government has adopted to protect IP include: – 1. Registration of patents and trademarks. 2. Giving respect to The TRIPS agreement. 3. Cancellation of unfairly registered IP’s. 4. Registration of Chinese translations and trademarks. 5. Registration of foreign trademarks by foreign nations.
6. Reducing the dependability of foreign nationals on Chinese people for the protection of IP. 7. Use of both the judicial and the administrative track to protect the IP. 8. Presence of special courts in various parts of China to protect IP. (US Department of Commerce, 1993). References: Drahos, P. 2007. Developing Countries and International Intellectual Property Standard-setting. ANU. Online. Available from Internet, http://www. iprcommission. org/papers/pdfs/study_papers/sp8_drahos_study. pdf, accessed 3 February 2008.