Definition Of Intellectual Property In Agreement

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These exclusive rights allow intellectual property owners to benefit from the property they have created, which constitutes a financial incentive to create an investment in intellectual property and, in the case of a patent, pays the related research and development costs. [41] In the United States, Section 8 of article I of the Constitution has clause 8, generally referred to as the patent and copyright clause; “The Congress has the power to promote the progress of science and the useful arts by ensuring authors and inventors, for a limited period of time, the exclusive right to their respective writings and discoveries.” [42] “Some commentators, such as David Levine and Michele Boldrin, dispute this justification. [43] The arguments justifying intellectual property can be divided into three main categories. Personality theorists believe that intellectual property is an extension of an individual. Utilitarians believe that intellectual property stimulates social progress and pushes people to innovate more. Lockeans argue that intellectual property is justified by merit and hard work. [53] With respect to copyright, the U.S. film industry, through its commercial organization, the Motion Picture Association of America, has also helped to change the social construction of intellectual property. In Amicus letters in important cases, in lobbying congress, and in its statements to the public, the MPAA has advocated for strong protection of intellectual property rights. When organizing its presentations, the association affirmed that people have the right to the property produced by their work. In addition, Congress` awareness of the United States` position as the world`s largest film producer has broadened the concept of intellectual property. [116] These doctrinal reforms further strengthened the industry and given even more power and authority to the MPAA.

[117] Until recently, the purpose of intellectual property rights was to provide as little protection as possible to encourage innovation. Historically, therefore, they have only been granted if they were necessary to promote inventions limited in time and scope. [20] This is mainly due to the fact that knowledge is traditionally considered a public good to enable its dissemination and enhancement. [21] Petra Moser argued that historical analyses suggest that intellectual property laws can harm innovation: Richard Stallman, founder of the Free Software Foundation, argues that the notion of intellectual property, while widespread, should be rejected as a whole because it “systematically distorts and confuses these issues and its use has been and is encouraged by them, who take advantage of this confusion.” . . .