In the marketing industry, we often deal with intangible ideas. These ideas have value–sometimes great value–and they must be legally protected. I invited Vincent Spivey, an advocate of intellectual property rights, to write a guest post about this issue to help marketers understand their rights and responsibilities related to intellectual property.
What are Intellectual Property Rights?
Intellectual property rights attribute to the inception of the human mind for which a consortium is assigned to particular legatee by law. IPRs are safeguards given to the creators of IP which includes, trade secrets, industrial design rights, trademarks, patents and copyrights.
Aesthetic works which include literature and music, in like manner discovery, designs, inventions, words, symbols, and phrases can all be ensconced as intellectual properties. While laws for intellectual property has emerged for centuries, it was not before the coming of the 20th century that it became plebeian in the global arena.
Desideratum (objectives) of Intellectual Property Law
The stated conviction mostly of intellectual property law (except for trademarks) is to encourage development through exchange of defined exclusionary rights, for exposure of inventions and aesthetic works, society and wherein the copyright owner/patentee jointly benefits and creates an incentive for authors and inventors to build and publish themselves.
The logic here is that the innovator will not have the motivation to formulate or conceive unless they legitimately have the rights to capture the full profit of their invention. The absolute safeguard treats intellectual property as another kind of “real” property, customarily espousing its rhetoric and law.
A capable and even-handed system for intellectual property rights can support all countries to envisage intellectual property rights potential as an impetus for economic enhancement and socio-cultural well-being. The intellectual property rights system assist in striking a balance in the middle of innovators and public interest, administering an environment where creativity and invention flourish for the sake of all.
How does an average person benefit from intellectual property?
Intellectual property rights reward creativity and human struggle. Examples are software industries, multi-billion dollar film, publishing, and recording – which gathers enjoyment and gratification to billions of people global wide – will not exist in the absence of protection for copyright.
Without the bounty provided by the patent system, inventors and researchers would have a small incentive to persevere and perform better more laudable and dynamic products for the consumers. End-users would have no mechanism to have the confidence to purchase goods or services without an impeccable international trademark security and prosecution apparatus to circumvent piracy and counterfeiting.
Way back in 1970, the World Intellectual Property Organization (WIPO) was established. It is a worldwide organization committed to ensuring the protection of the creator’s rights and owners of intellectual property, and that they are recognized and awarded for their brilliance.
This comprehensive protection acts as a catalyst to human creativity and aesthetics, pushing aside the boundaries of science and technology and enhancing the arena of literature and arts. A steady continuum on international trade is also guaranteed by a stable atmosphere for marketing brands safeguarded by intellectual property.
Some industrialized nations have intellectual property protection laws that were crafted centuries ago. However, in first world countries, they are now in the process of establishing new systems on intellectual property rights. What is remarkable here is that with WIPO, these systems are evolving through treaty negotiations.
Technical and legal assistance and training in varied forms including areas of enforcement are done so that all information is made available to all stakeholders – from the grassroots to business sectors and up to the policymakers – to make sure its benefits are well understood and make it accessible to everyone.
Vincent Spivey is a writer, blogger, and researcher. He is an active advocate of intellectual property rights, and he is helping young entrepreneurs and inventors worldwide protect their IP rights as one of the keys to their success. The Livingston and Loeffler Law Firm is helping him make this happen. TWITTER: https://twitter.com/VincentSpiveyLL