IP Outline Spring 2008

IP Outline Spring 2008 - IP OUTLINE SPRING 2008 Prof Noveck...

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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 dont 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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This note was uploaded on 04/05/2010 for the course LAW LAW6571 taught by Professor Abbott during the Spring '10 term at Florida State College.

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IP Outline Spring 2008 - IP OUTLINE SPRING 2008 Prof Noveck...

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