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Unformatted text preview: IP OUTLINE SPRING 2008 Prof Noveck Intellectual Property is: • Ideas, thoughts, culture, knowledge • IP law ensures the creation and distribution of the non-rivalrous good Rivalrous v Non-rivalrous goods • Rivalrous – one that can be exhausted ex: eating an ice cream cone; once its done its done • Non-rivalrous – if I give you my idea, I don’t have an less of my idea b/c I told you it Justifications for Legal Protection: • Labor Theory o Natural rights Locke (you have to do some work) o Applied to IP Facts cannot be protected by law we reward originality and invention. Which suggest that you have to do something to be protected • Personhood o Property is the first embodiment of freedom o Autonomy o Civil Liberty of the creator o Applied to IP o Notion that it is about individual personhood is difficult, b/c of groups and collaborative works • Moral Rights o Inalienable Right to what is ours Even if the author sells the rights, they are not giving away all of their rights o Right of the creator in his work o Applied to IP Can we contract away all rights? Does the author always retain a right of control • Utilitarian/Economic (Strongest, most prevalent argument) o Legal incentive to productivity o Produce greater wealth in society o Focus on the good of all rather than the rights of one o Applied to IP Create incentive for creativity W/o protection, intellectual goods would be underproduced In exchange for public dissemination, we grant monopoly rights • Consumer Protection, Safeguarding Reputation Basis for UP IP Law • To promote the progress of science and useful arts, by securing for limited times to authors and inventor the exclusive rights to their respective writings and discoveries US Constitution, Art I Sec 8 • Stimulate innovation • Balance rights of the public against rights of the individual Generally, we think that competition rather than monopoly that creates tension b/t balancing the public right to access against the creators right to create 4 different kinds of IP: • Ideas controlled or owned by others for which she needs to get permission to use • Ideas that others create for her how is she going to secure the rights • Ideas that she can use, but that others can easily copy • Ideas and inventions that she can protect – figuring out what kind of protection is available, and how will it work TRADE SECRETS Def – viewed as central to economic competitiveness. Balance of keeping things secret and marketing and Def – viewed as central to economic competitiveness....
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- Spring '10
- Law, prior art