2. THE HISTORY OF PROPERTY
RIGHTS:
FROM THE TANGIBLE TO THE INTANGIBLE
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. 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. FROM PROPERTY RIGHTS TO
INTELLECTUAL PROPERTY:
EXTENDING UNDERSTANDING AND DEFINITION OF
PROPERTY
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. 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
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. TRADE SECRETS, TRADEMARKS AND
SERVICE MARKS, PATENTS, AND
COPYRIGHTS:
PROTECTING INTELLECTUAL PROPERTY
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. 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.
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.
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.
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.
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. 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. 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. 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/
