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

IPR’s 2
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>.