Should intellectual property be abolished?

I am assuming your intended question was directed at the legal protections over intellectual property rights (i.e. patents, copyrights, trademarks, trade secrets), and not the literal interpretation that we should stop creating and innovating.

The “value to society of intellectual property as a legally protected right” is an opinion with many views.

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My view is that it would reduce the incentive for one to innovate and create. As an inventor, I would no longer share my thoughts and ideas with society so that others could grow them.

Individuals would be at a major disadvantage against larger companies who have more funds to test and revise quickly. An individual would need to protect all secrets until ready to build a final product and hit the market all as once. Because as soon as an innovation was released to the market, hoards of knock-offs would follow, quickly reducing the price, and quality.

As a writer, I would charge much more for my work, since it is free to be copied and sold by others, and value initially diminishes as a work becomes more commonly known.

Artist, Singers, Writers, etc. would be severely limited in what they could gain from their efforts and therefor would have incentive to prevent publishing, recording, and distribution to wider audiences. Inventors would spend time obfuscating their works, and refuse to explain new discoveries or improvement in the arts.

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Can I copyright something on behalf of another person?

I’m afraid the Copyright Act beat you to it. Copyright arises automatically under the law at the time a copyrightable work is created and “fixed in a tangible medium of expression” (e.g., drawn on paper, saved in digital format, recorded on tape, etc.). What that means is that your cousin’s logo design was protected by copyright law as soon as she created it, and she has owned the copyright since that time.

What you may be thinking of is the act of registering a copyright with the Copyright Office. Registering a copyright doesn't create the copyright itself — it simply records a person’s claim to a particular copyright with the federal government. (It also provides some very valuable benefits in the event someone infringes the copyright, which is the primary reason most people and businesses do it.) Unfortunately though, you aren't permitted to register someone else's copyright unless you’re acting as the copyright owner’s authorized agent. So, at least assuming you want the gift to be a surprise, the Copyright Office won't permit you to register the copyright in the logo since you don't have your cousin’s authorization. But you certainly can help your cousin do it herself or even ask her for authorization to be her agent for the purpose of registering the copyright.

                                                                                                                                                               

Please click here to learn more about ANT Lawyers IP Practice or contact our IP lawyers in Vietnam for advice via email ant@antlawyers.vn or call our office at (+84) 24 32 23 27 71

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Intellectual Property Defined

Ignorance of the law excuses no one. If you are unaware of your law, then you are in for big trouble. To better understand what are your rights and duties, educate yourself.

Issues regarding intellectualproperty rights are an important topic of discussion as many things revolve around this theme. Knowing what an intellectual property is the first step in our education. The U.S. Department of State defines it as:

“Creative ideas and expressions of the human mind that possess commercial value and receive the legal protection of a property right. The major legal mechanisms for protecting intellectual property rights are copyrights, patents, and trademarks. Intellectual property rights enable owners to select who may access and use their property, and to protect it from unauthorized use.”

This definition gives emphasis on the word protect. Indeed, it is designed to extend protection to the creator of a certain creative work or a product. Legal provisions are installed to give the owner the exclusive right to control access and use of his property. The law provides for specific procedures when a violation of these rights is committed.

Copyrights and industrialproperty are two categories that make up intellectual property.

Copyright laws provide for the owner an exclusive right to control access of his creative work. Variations may exist with different countries but the basic idea is this.

Industrial property includes such things as patents and trademarks. A patent is defined as a legal grant issued by a government permitting an inventor to exclude others from making, using, or selling a claimed invention during the patent's term. A trademark on the other hand is a name or symbol secured by legal registration that identifies a manufacturer's or trader's product or service and distinguishes it from other products and services.

Any infringement on these rights entitles the owner to a day in court. Filing a lawsuit is a must if you want to be compensated for the damages you have received. Of course you won’t know if you are already being violated unless you know what you’re rights are. There is a great need for us to be familiar with the concepts of intellectual property laws for us to know when we are being wronged and what needs to be done to address that wrong. Like they always say, “Knowledge is Power.”

 Source: Articlecity.com

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