University Intellectual Property Rights

University
Intellectual Property Rights
Need for IPR’s and their Advantages and Disadvantages.
Student Credentials
1/26/2020

IPR’s 1
Intellectual Property Rights
Intellectual Property is in general sense the creation of one’s own mind and the output from
that is known to be protected under the Intellectual Property Rights act. These can be related
to writing a book, creating a new model of a vehicle or even lyrics of a song and also
paintings being created by artists are a few scenarios where Intellectual Property rights
protects an individual’s creativity1. This discussion is entirely based upon the scenario
revolving around International Intellectual Rights. It also discusses the wide range of
advantages as well as disadvantages that modern fiasco of intellectual property consists of.
Intellectual Property provides liberty to individuals working to create something and
capitalize their research and hard work. These rights are quite prominent in the developing
countries and the developed countries as well. The major idea behind the Intellectual Property
Rights is to encourage and to promote people for their creativity and the work they do. As
well as they protect these individuals from any kind of advantage being taken of them. These
rights cover almost most of the intangible assets such as the artistic works, inventions,
discoveries, phrases, designs, symbol as well as any kind of literary or musical work as well.
A few of the Intellectual Property Rights include: Trademarks, Copyrights, Industrial Design
Rights, Patents and Trade secrets as well in certain jurisdictions2.
Just like any other aspect, Intellectual Property Rights have their own set of advantages as
well as disadvantages. This law works for the promotion of innovation and creativity, while
some may excel or some may not. It is always beneficial to in some or the other manner to
promote any kind of Innovation. As this kind of procedure makes it beneficial for the public
1 Andrew Beckerman-Rodau, "The Expansion Of Overlapping Intellectual Property Rights – (2011)
<https://www.ipwatchdog.com/2011/02/22/the-expansion-of-overlapping-intellectual-property-rights/
id=15369/>.
2 Andrew Beckerman-Rodau, "THE PROBLEM WITH INTELLECTUAL PROPERTY RIGHTS: SUBJECT
MATTER EXPANSION" (2011) 13(1) Yale J.L. & Tech

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at large as it makes things easily approachable for people in general and also helping people
with providing more and more options to choose from3. Though the value and need for these
products is determined based upon the market’s response towards that particular product.
Though a disadvantage to this is when products are promoted, there are only a certain number
of products that are actually considerable or useful. The others are all not much useful to the
people. Intellectual property is basically public goods; these public goods need to be orderly
and wisely managed as well. When an intellectual property can help protect the individuals
from being exploited for the usage of their skills or creativity or in any manner being
exploited, it can also provide assistance if required in areas of need such as education
assistance to the people in need in areas in which it is required4.
There are a few positive aspects as well as negative aspects to the Intellectual Property rights
as such as well. On one side, the IPR’s promote the creativity of individuals, while on the
other hand, it totally depends upon the kind of product that is being promoted as well as the
jurisdiction it is bound by. While the disadvantage here is these laws have a certain
jurisdiction under which they can work or be regulated. The laws or the certain policies
revolving around the said intellectual property are quite different in every area. In certain
countries, a certain art might be registered as in name of a person while in other area or
country it might not be the case5.
As in regard with the patent, courts most of the time make a difference between thoughts and
exemplifications of ideas. In regards with the copyrights, courts make a differentiation among
thoughts and the statement of ideas. This qualification successfully restrains property rights
since thoughts are per se not the property that is protectable under any such law as copyright
3 Brem, Nylund and Hitchen, "Open Innovation And Intellectual Property Rights" (2017) 55(6) Management
Decision.
4 Mercedes Campi and Marco Dueñas, "Intellectual Property Rights, Trade Agreements, And International
Trade" (2019) 48(3) Research Policy.
5 Steve Cohen, "What Are The Legal Challenges With Intellectual Property?", (2016)
<https://www.td.org/insights/what-are-the-legal-challenges-with-intellectual-property>.

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or patent one. Just the exemplification of the outflow of the idea as well as the idea in itself is
the property that is protectable under the copyright and the patent law, separately. In some
cases the unprotected fundamental thought, which turns out to be a piece of the domain that is
public and which everybody is allowed to use, is the most important part of any licensed
innovation that is being or has to be protected by the copyright or patent law6.
Generally, the fundamental reason behind trademark law to forestall perplexity is to by
purchasers studded with respect to wellspring of said products. Moreover, the contemporary
trademark law secures the trademark proprietor's monetary interests' - spoke to by its image
furthermore, business notoriety - against outsider misappropriation; it likewise empowers the
trademark proprietor to move into new item markets7.
Configuration licenses such as the design patents have likewise experienced a development of
protectable topic. Design licenses, in contrast to utility licenses, are constrained up to
"ornamental design for an article of produce." Whereas, the plan patent insurance which has
been reached out to PC created symbols which show up on a PC screen just as to the presence
of PC screen interfaces. This is a critical topic extension that basically overlooks the "article
of manufacture" impediment in the resolution8.
Different classes of patent-qualified topic ought to be esteemed ineligible for patent insurance
considering the hidden arrangements of patent law. For instance, ensuring careful methods
what is more, money related administrations items are commonly conflicting with the
objectives of patent law. Critical developments in these zones are liable to happen regardless
of whether patent insurance is accessible. However, considering the wide legal translation of
what is patent-qualified topic; such express rejections would require authoritative activity.
6 Josh Feng and Xavier Jaravel, "Crafting Intellectual Property Rights: Implications For Patent Assertion
Entities, Litigation, And Innovation" (2020) 12(1) American Economic Journal: Applied Economics.
7 Jurgen Poesche et al, "Decentralized Production: The Need For Social Norms-Based Intellectual Property?"
(2019) 16(02) International Journal of Innovation and Technology Management.
8 JH Reichman, Does IP Harm Or Help Developing Countries (2007).

IPR’s 4
There are disservices of licensed innovation rights that are not constantly evident to people
hoping to build up possession by verifying copyright, trademark, or patent assurance for
something they have made. While the facts confirm that getting protected innovation rights
can give an individual the power to solely utilize, or to permit or sell, their licensed
innovation rights to others revenue driven, it ought not be accepted that these rights do not
come without potential downsides9.
The engaging most parts of acquiring copyright possession rights from the Library of
Congress are that the procedure is simple and modest, and there is no conventional audit
process. Be that as it may, on the grounds that there is no survey procedure, for all intents and
purposes each thing submitted to the Library of Congress to be enlisted is endorsed. This
implies material that may not really fall inside the parameters of being a copyrightable work
gets copyright insurance. It isn't until an individual really endeavours to guarantee their sole
privileges of proprietorship against an apparent encroachment that real possession can be
built up. There are many legal disputes of people guaranteeing copyright encroachment or
counterfeiting that took a very long time to actually get settled and bring about enormous
legitimate bills and inadequate prizes10.
There has been an extensive approach made in the recent years as to what can be considered
under the segment of patent, copyright or a trademark even. To a few degrees, the said
development resembles an unreasonable or the spotlight that is unitary on ensuring the
privileges of the property of the said trailblazers with the ultimate goal to boost up the interest
in the most possible imaginative and also inventive acts. Such approaches prompt
overprotection when it neglects to appropriately inn order to adjust the subsequent property
9 What Rights?, "What Is Disadvantages Of Intellectual Property Rights?", Upcounsel (2020)
<https://www.upcounsel.com/disadvantages-of-intellectual-property-rights>.
10 WTO, "WTO | Current Issues In Intellectual Property", Wto.Org (2020)
<https://www.wto.org/english/tratop_e/trips_e/trips_issues_e.htm>.

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insurance against the privilege of general society to utilize the aftereffects of such inventive
and imaginative exercises.
Whereas, the development in relation to securing the topic under every particular region of
the laws protecting intellectual property took place with little respect regarding the impact it
has up on different zones of scholarly property law. Outcome as such that was not intended,
as the capacity so as to ensure a certain topic at the same time specifically under the patent,
trademark as well as the copyright law. Here, the covering security cautiously undermines the
parity separately which was created under each collection of the said law regarding the
intellectual property as such.

IPR’s 6
Bibliography
Articles/Books Reports
Beckerman-Rodau, Andrew, "The Expansion Of Overlapping Intellectual Property Rights –
(2011) https://www.ipwatchdog.com/2011/02/22/the-expansion-of-overlapping-intellectual-
property-rights/id=15369/
Beckerman-Rodau, Andrew, "THE PROBLEM WITH INTELLECTUAL PROPERTY
RIGHTS: SUBJECT MATTER EXPANSION" (2011) 13(1) Yale J.L. & Tech
Brem, Alexander, Petra A. Nylund and Emma L. Hitchen, "Open Innovation And Intellectual
Property Rights" (2017) 55(6) Management Decision
Campi, Mercedes and Marco Dueñas, "Intellectual Property Rights, Trade Agreements, And
International Trade" (2019) 48(3) Research Policy
Cohen, Steve, "What Are The Legal Challenges With Intellectual Property?"
(2016) Main https://www.td.org/insights/what-are-the-legal-challenges-with-intellectual-
property
Feng, Josh and Xavier Jaravel, "Crafting Intellectual Property Rights: Implications For Patent
Assertion Entities, Litigation, And Innovation" (2020) 12(1) American Economic Journal:
Applied Economics
Poesche, Jurgen et al, "Decentralized Production: The Need For Social Norms-Based
Intellectual Property?" (2019) 16(02) International Journal of Innovation and Technology
Management
Reichman, JH, Does IP Harm Or Help Developing Countries (2007)

IPR’s 7
Rights?, What, "What Is Disadvantages Of Intellectual Property Rights?"
(2020) Upcounsel https://www.upcounsel.com/disadvantages-of-intellectual-property-rights
WTO, "WTO | Current Issues In Intellectual Property"
(2020) Wto.Org https://www.wto.org/english/tratop_e/trips_e/trips_issues_e.htm