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How to Protect Your Intellectual Property Rights. Here's a guide to protecting your intellectual property rights in the post-act age. 6 Property Act of 2011’’ or the . Of intellectual property, and for other purposes. 1 Property Act of 2011’’ or the . Intellectual Property (Stanford Encyclopedia of Philosophy). One of the first known references to intellectual property. B. C. E., when chefs in the Greek colony of. Sybaris were granted year- long monopolies for creating particular. There are at least three other notable. Bruce Bugbee's formidable work The Genesis of. American Patent and Copyright Law (Bugbee 1. In the. first case, Vitruvius (2. B. C. E.) is said to have revealed. Alexandria. While serving as judge in the contest, Vitruvius. Although there is no known Roman law protecting. Roman jurists did discuss the different. There is also. reference to literary piracy by the Roman epigrammatist Martial. From Roman times to the. What is Intellectual Property? Intellectual property is the area of law that deals with protecting the rights of those who create original works. Management of Intellectual Property Rights in. Patent Act 1 The first. Trademarks protect a name or symbol that identifies the source of. Can Help Protect Intellectual Property. Act; Open Government. Florentine Republic, however, there were many franchises. Bugbee distinguishes between franchises or. An inventor, on the other hand, deprives the public. Bugbee. 1. 96. 7). One of the first statutes that protected authors'. Republic of Florence on June 1. Filippo Brunelleschi, a famous architect. This statute not only. Anglo- American intellectual property protection. The. basis of the first lasting patent institution of intellectual property. Venetian Republic. The rights of inventors were. The Statute of Monopolies granted. In contrast to patent institutions. Europe, literary works remained largely unprotected until the. Gutenberg's printing press in the fifteenth century. The statute begins. Whereas printers, booksellers, and other persons have lately. Taylor (1. 76. 9), the inherent. While this case was later overruled in. Donaldson v. Becket (1. Other European countries, including. Belgium, Holland, Italy, and Switzerland, followed the example set by. England (Bugbee, 1. Various more recent international. Berne Convention treaty and the TRIPS agreement have. Moore 2. 00. 1). Although. We'll take them up in turn. Works that may be copyrighted include literary, musical. For something to be protected, it must be. Bleistein v. A further. Utilitarian products, or. Someone else may read these. Some may find this. The individual who copies abstract theories and expresses them in. The five rights are: the right. All five rights lapse. Aside from limited. U. S. C. Although the notion of “fair use” is. Anglo- American copyright law that allows anyone to make limited use. The. “first sale” rule prevents a copyright holder who has sold. In short, the owners of copies can do what. These approaches to protecting. For example, by using. Creative Commons and Copyleft models seek to expand the. Stallman 1. 99. 7; Lessig 2. There are three types of. Utility patents protect any new, useful, and nonobvious. Design patents protect. Finally, the subject matter of a plant patent is any new. Patent protection is the strongest form of. U. S. C. Patent Act requires usefulness, novelty, and. The usefulness requirement. Needless to say, given the expense. There are several categories or events, all defined by. U. S. C. In general, the novelty requirement. United States patent law requires. A hypothetical. individual is constructed and the question is asked, “Would this. If it. would be obvious to this imaginary individual then the patent claim. U. S. C. The bundle of rights. Like copyright. patent rights lapse after a given period of time—2. But unlike copyright. Legal Code, The. Restatement (Third) of Unfair Competition, 1. The secret. may be a formula for a chemical compound; a process of manufacturing. An. intellectual work is not a secret if it is generally known within the. Owners of trade. secrets have exclusive rights to make use of the secret only as long as. If the secret is made public by the. Moreover, owners' rights do not exclude independent. Within the secrecy requirement, owners of. This latter protection is probably the most. A trademark is any word. U. S. C. In this respect, owners. An example of this. The duration of these. This system of. property is typically called the “law of ideas” (Epstein. A highly publicized case in this area is Buchwald v. Eddie Murphy movie Coming to America. In certain cases, when these ideas are used by the. Before concluding that an author has property rights to. Murray v. National Broadcasting, 8. U. S. 1. 98. 8)) and concrete (Hamilton Nat'l Bank v. Compensation is offered only in cases of. Sellers v. American Broadcasting Co. The doctrine protects the personal. France as “droits morals” or. These moral rights consist of the right to. Roeder 1. 94. 0). Personality theorists. Utilitarians ground intellectual property rights in social. Lockeans argue that rights. While each of these. We are self- owners in this sense. Control over physical. For Hegel, the. external actualization of the human will requires property (Hegel. Property rights are important in two ways according to this. First, by controlling and manipulating objects, both tangible. Individuals may use their physical and. Second, in some cases our personality becomes fused with an. Humboldt, 1. 79. 2. Kohler, 1. 96. 9). Problems for Personality- Based Justifications of Intellectual. There are at least four problems with this view (Hughes 1. Palmer. 2. 00. 5; Schroeder 2. First, it is not clear that we own our. While it is true. Rather than establishing property. Moreover, misrepresenting an intellectual work (assuming. Personality- based moral claims may. Finally, there are many intellectual innovations in. Hughes. 1. 98. 8). Given these challenges, personality- based theories may not. The Personality Theorist's Rejoinder. Even if we acknowledge the force of these objections, there does seem. Moore 2. 00. 8). Suppose, for. Mr. Friday buys a painting at a garage sale—a. Crusoe original. Friday takes the painting home and. The additions are so clever and fit so. Friday hangs it in a window on a busy. There are at least two ethical worries to consider in. First, the alterations by Friday may cause unjustified. Crusoe. Second, and independent of the. Friday's actions may damage. Crusoe's reputation. The integrity of the painting has been. If these claims. are sensible, then it appears that we are acknowledging. By producing intellectual works, authors and. Intellectual property rights afford authors and inventors. To put the point a different. Hegel's. personality- based justification of intellectual property rights. Hegel. 1. 82. 1). Perhaps the best way to protect these intuitively. On this view, a necessary condition for promoting the. Absent certain guarantees. Thus control is granted to authors and inventors of. Although success is not. Moore 2. 00. 1, 2. Adopting systems of protection. Coupled with the theoretical claim that. The Character of the Utilitarian Incentives- Based Argument: A Problem Shared by Both Sides. It is crucial to note that the issue of whether intellectual property. It would be better to establish. Polanyi 1. 94. 3; Machlup 1. Hettinger 1. 98. 9; Waldron 1. Moore. 2. 00. 1, 2. Wright 1. 99. 8). This could take the form of. The question becomes: can government. Better results may also be had if fewer intellectual. In this. model, innovators would still burn the midnight oil chasing that pot of. Funds necessary to pay the. Reward models may also avoid the. Given that. no disclosure is necessary for trade secret protection, promoting. Trade secret protection allows authors and inventors the. Economists who have considered the. Machlup 1. 96. 2; Priest 1. Long 2. 00. 0). Perhaps we could include more. The utilitarian might also remind us of the costs of. Subject to certain restrictions, rights are generated. The. intuition is that the person who clears unowned land, cultivates crops. Individuals. own their own bodies and labor—i. When. an individual labors on an unowned object, her labor becomes infused. It follows that once a person's labor is joined with an. The idea is that there is. Objections to Locke. Locke's argument is not without difficulties. Jeremy. Waldron (1. Nozick (1. 97. 4) asked why labor mixing generated. Waldron (1. 98. 3) and. Perry (1. 97. 8) have argued that mixing one's labor with an unowned. Finally, if the skills, tools, and inventions used in. Grant 1. 98. 7; Hettinger 1. The Lockean Rejoinder. Among defenders of Lockean- based arguments for private property. Spooner 1. 85. 5; Schmidtz. Mack 1. 99. 0; Simmons 1. Child 1. 99. 0; Moore 1. Would anyone argue. Ginger does not have at least some minimal moral claim to control. Suppose that Fred samples some of Ginger's noodles and. Is there anything morally suspicious. Fred a limited right to. Ginger's recipe provided that Fred does not disclose the process? Arguably, part of the moral weightiness of the agreement. Ginger and Fred relies on the fact that Ginger holds legitimate. In small communities it may even be possible to contract with all. This analysis is vulnerable to at least two objections. Second, the claim that information objects. One reason for the widespread pirating of. Consider a more formal version of. P1. If a tangible or intangible work can be used and consumed by. Intellectual works falling under the domains of copyright. It follows that there is an immediate prima facie case. Consider sensitive personal information. This argument. applies as well to snuff films, obscene pornography, information. Moreover, it is not clear that unauthorized copying does no. Unauthorized. copying creates un- consented to risks that owners must. While this certainly provides a reason. Himma. 2. 00. 5). Barlow (1. 99. 7) argues that information is entitled to moral. Barlow's argument can be challenged on a couple of grounds. The. concept of desire is such that only conscious beings are capable of. Hettinger argues that. Hettinger 1. 98. 9). Hettinger singles out trade secrets. The first notes that it is the incentives. Second, it is not at all clear that free speech is so presumptively. Shouting at someone. Moore 2. 01. 0, 2. Hate speech, obscene. Finally, consider the contentious, yet established, idea/expression. For example, someone. Darwin's original writings on evolution, express these ideas. On this view the building blocks of intellectual. Individuals should. 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