PROTECTING OUR CREATIVE
PRESENTED BY KRISTIN WILSON
THE HISTORY OF PROPERTY
FROM THE TANGIBLE TO THE INTANGIBLE
MEETING JOHN LOCKE
• 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
works if two
• 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.
FROM PROPERTY RIGHTS TO
EXTENDING UNDERSTANDING AND DEFINITION OF
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).
PROPERTY VS INTELLECTUAL
• Locke states we have a
“natural right” to
• Indicates ownership of
• May be stolen
• Similar or same types of
property may be
owned by many
• There is not evidence
to support a “natural
right” to intellectual
• Indicates ownership of
ideas that others could
intending to duplicate
• May be copied, but
cannot truly be stolen
BENEFITS AND LIMITATIONS
• Encourages creativity
• People make money
• Creators control the
use of their intellectual
property by others
• Society benefits from
the development of
• 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
TRADE SECRETS, TRADEMARKS AND
SERVICE MARKS, PATENTS, AND
PROTECTING INTELLECTUAL PROPERTY
• The formula for Coca-Cola is one of the best kept
trade secrets. It has been safe-guarded for over
one hundred years!
• 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.
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.
• 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.
• When the government issues a patent, it gives the
inventor exclusive right to that specific piece of
• 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
• Once a patent expires, everyone has access to
• 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
• European copyright law is much more stringent, so the
American government has brought its copyright law in
line with it, to facilitate international copyright
RECOGNIZING RIGHTS AND ABUSES
INTELLECTUAL PROPERTY AND
• Recording companies
have put new
restrictions on copying
to protect their
• The FBI continues to
establish new methods
• 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.
INTELLECTUAL PROPERTY RIGHTS
• On August 13, 2012,
a new federal
authorizes use of this
seal by all U.S.
FOR YOUR REVIEW
• 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.
FBI- Intellectual Property Theft (n.d.). Retrieved from
Coca-Cola logo. (n. d.). Retrieved from
History of Western Philosophy (2003). Retrieved from
Quinn, M. J. (2013). Ethics for the information age (5th ed.). Pearson.
What is intellectual property? (n. d.) Retrieved from