INTELLECTUAL PROPERTY:
PROTECTING OUR CREATIVE
RIGHTS
PRESENTED BY KRISTIN WILSON
CONCORDIA UNIVERSITY
EDCI 588
THE HISTORY OF PROPERTY
RIGHTS:
FROM THE TANGIBLE TO THE INTANGIBLE
MEETING JOHN LOCKE
• 1632-1704
• English philosopher
• Developed the theory of
property rights which states
that people sh...
UNDERSTANDING
LOCKE’S
DEFINITION OF
PROPERTY:

It only
works if two
conditions
are met.

• Condition #1: No
one claims mor...
FROM PROPERTY RIGHTS TO
INTELLECTUAL PROPERTY:
EXTENDING UNDERSTANDING AND DEFINITION OF
PROPERTY
DEFINING INTELLECTUAL PROPERTY

“Intellectual property is any unique
product of the human intellect that has
commercial va...
PROPERTY VS INTELLECTUAL
PROPERTY
PROPERTY

INTELLECTUAL PROPERTY

• Locke states we have a
“natural right” to
property
• ...
PROTECTING INTELLECTUAL
PROPERTY:
BENEFITS AND LIMITATIONS
PROTECTING INTELLECTUAL
PROPERTY
Benefits

Limitations

• Encourages creativity
• People make money
• Creators control the...
TRADE SECRETS, TRADEMARKS AND
SERVICE MARKS, PATENTS, AND
COPYRIGHTS:
PROTECTING INTELLECTUAL PROPERTY
TRADE SECRETS
• The formula for Coca-Cola is one of the best kept
trade secrets. It has been safe-guarded for over
one hun...
TRADE SECRETS
• When a company has information that they keep
secret so that no one else can make the same
product, this i...
TRADEMARKS AND SERVICE MARKS
TRADEMARKS AND SERVICE MARKS
• A trademark identifies a company and its product
through the use of a “word, symbol, pictur...
PATENTS
PATENTS
• When the government issues a patent, it gives the
inventor exclusive right to that specific piece of
intellectua...
COPYRIGHTS
COPYRIGHTS
• The government gives authors specific rights to their own
original works. There are five rights granted once ...
INTELLECTUAL PROPERTY
AND TECHNOLOGY:
RECOGNIZING RIGHTS AND ABUSES
INTELLECTUAL PROPERTY AND
TECHNOLOGY
RIGHTS

Abuses

• Recording companies
have put new
restrictions on copying
to protect...
INTELLECTUAL PROPERTY RIGHTS
PROTECTED
• On August 13, 2012,
a new federal
regulation
authorizes use of this
seal by all U...
FOR YOUR REVIEW
• http://www.youtube.com/watch?feature=player_e
mbedded&v=rDKxuTi2Cmk
• Follow the link to a great video t...
REFERENCES
FBI- Intellectual Property Theft (n.d.). Retrieved from
http://www.fbi.gov/about-us/investigate/white_collar/ip...
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Understanding Intellectual Property Rights

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Understanding Intellectual Property Rights

  1. 1. INTELLECTUAL PROPERTY: PROTECTING OUR CREATIVE RIGHTS PRESENTED BY KRISTIN WILSON CONCORDIA UNIVERSITY EDCI 588
  2. 2. THE HISTORY OF PROPERTY RIGHTS: FROM THE TANGIBLE TO THE INTANGIBLE
  3. 3. MEETING JOHN LOCKE • 1632-1704 • English philosopher • Developed the theory of property rights which states that people should not be enslaved because of their right to have authority over themselves and the right to benefit from their labor. In addition to these, people have a right to whatever they have taken from nature through their own effort.
  4. 4. UNDERSTANDING LOCKE’S DEFINITION OF PROPERTY: It only works if two conditions are met. • Condition #1: No one claims more property than can reasonably be used. • Condition #2: Whatever property a person removes from the public supply leaves plenty for others who have an equal right to it.
  5. 5. FROM PROPERTY RIGHTS TO INTELLECTUAL PROPERTY: EXTENDING UNDERSTANDING AND DEFINITION OF PROPERTY
  6. 6. DEFINING INTELLECTUAL PROPERTY “Intellectual property is any unique product of the human intellect that has commercial value. Examples of intellectual property are books, songs, movies, paintings, inventions, chemical formulas, and computer programs” (Quinn, p. 163).
  7. 7. PROPERTY VS INTELLECTUAL PROPERTY PROPERTY INTELLECTUAL PROPERTY • Locke states we have a “natural right” to property • Indicates ownership of physical objects • May be stolen • Similar or same types of property may be owned by many different people • There is not evidence to support a “natural right” to intellectual property • Indicates ownership of ideas that others could duplicate without intending to duplicate • May be copied, but cannot truly be stolen
  8. 8. PROTECTING INTELLECTUAL PROPERTY: BENEFITS AND LIMITATIONS
  9. 9. PROTECTING INTELLECTUAL PROPERTY Benefits Limitations • Encourages creativity • People make money • Creators control the use of their intellectual property by others • Society benefits from the development of intellectual property • Creators have exclusive rights to their property for a limited amount of time before it enters public domain • Intellectual property created by an employee as part of the job belong to the employer
  10. 10. TRADE SECRETS, TRADEMARKS AND SERVICE MARKS, PATENTS, AND COPYRIGHTS: PROTECTING INTELLECTUAL PROPERTY
  11. 11. TRADE SECRETS • The formula for Coca-Cola is one of the best kept trade secrets. It has been safe-guarded for over one hundred years!
  12. 12. TRADE SECRETS • When a company has information that they keep secret so that no one else can make the same product, this is called a trade secret. • Trade secrets do not have an expiration date. • The disadvantage of using a trade secret to protect intellectual property is that the information is not shared with anyone else.
  13. 13. TRADEMARKS AND SERVICE MARKS
  14. 14. TRADEMARKS AND SERVICE MARKS • A trademark identifies a company and its product through the use of a “word, symbol, picture, sound, or color” (Quinn, p 170). • “A service mark [identifies] a service” (Quinn, p. 170). • When the government issues a trademark or service mark, the company to which they issue it has exclusive rights to that product. • Trademarks and service marks bring consumers confidence in the quality of products.
  15. 15. PATENTS
  16. 16. PATENTS • When the government issues a patent, it gives the inventor exclusive right to that specific piece of intellectual property. • Patents are granted for the period of twenty years. • A patent is a public document that provides a description of the intellectual property. There are no secrets. • Once a patent expires, everyone has access to those ideas.
  17. 17. COPYRIGHTS
  18. 18. COPYRIGHTS • The government gives authors specific rights to their own original works. There are five rights granted once a copyright has been received. No one else may exercise those rights in regards to that original copyrighted work without permission of the author. • The five rights are: The right to reproduce; the right to distribute copies; the right to display copies; the right to perform; the right to produce new material derived from the original work. • Today, copyrights extend seventy years beyond the author’s lifetime • European copyright law is much more stringent, so the American government has brought its copyright law in line with it, to facilitate international copyright agreements.
  19. 19. INTELLECTUAL PROPERTY AND TECHNOLOGY: RECOGNIZING RIGHTS AND ABUSES
  20. 20. INTELLECTUAL PROPERTY AND TECHNOLOGY RIGHTS Abuses • Recording companies have put new restrictions on copying to protect their copyrights. • The FBI continues to establish new methods of safeguarding intellectual property. • Anyone with the right equipment can make good quality copies of any video or audio content on the internet. • Intellectual property theft is on the rise due to advances in digital technologies and Internet file sharing networks.
  21. 21. INTELLECTUAL PROPERTY RIGHTS PROTECTED • On August 13, 2012, a new federal regulation authorizes use of this seal by all U.S. copyright holders. • http://www.fbi.gov/aboutus/investigate/white_collar/ipr/ipr
  22. 22. FOR YOUR REVIEW • http://www.youtube.com/watch?feature=player_e mbedded&v=rDKxuTi2Cmk • Follow the link to a great video that explains the basics of intellectual property and why we need to understand what it is and what it means for us.
  23. 23. REFERENCES FBI- Intellectual Property Theft (n.d.). Retrieved from http://www.fbi.gov/about-us/investigate/white_collar/ipr/ipr Coca-Cola logo. (n. d.). Retrieved from https://www.google.com/search?q=coca+cola+logo&ie=utf-8&oe=utf8&aq=t&rls=org.mozilla:en-US:off History of Western Philosophy (2003). Retrieved from http://oregonstate.edu/instruction/phl302/philosophers/locke.htm Quinn, M. J. (2013). Ethics for the information age (5th ed.). Pearson. What is intellectual property? (n. d.) Retrieved from http://www.wipo.int/about-ip/en/

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