World Intellectual Property Day!
Today was World Intellectual Property Day! A day to celebrate ownership of intangible property. Imagine your song, story, image, or artwork being used online or in a store, without your permission. . .
Happy World Intellectual Property Day ! ! !
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A Brief History:
Origination: World Intellectual Property Day is a day that the U.S. Patent and Trademark Office sponsors a day with educational value in order to learn about the role that intellectual property (IP) rights play in encouraging authentic innovation or creativity. Laws similar in nature to those that copyrights and trademarks do in the case of tangible (physical) properties provide in protecting creative intangible (cannot touch physically) and creative products. These rights give a person or a businesses the property rights to the information and intellectual property they create. The largest case in the enforcement of a stealing of intellectual property is in the case whereby people were stealing Metallica’s music in the Napster peer-to-peer (P2P) file sharing software online. In that case, Metallica v. Napster, Inc., March 5, 2001, people were sharing Metallica proved in the United States District Court for the Northern District of California that Napster was guilty of copyright infringement and racketeering, as defined by the Racketeer Influenced and Corrupt Organizations Act. The Napster site was just a creator of software, along with several other entities such as WinMX, eDonkey and KazzaLite. Although some of the costs for damages were paid for by the inventors of these programs, the very nature of the mechanics of the way the software works in that the files being shared are never on one central computer or at any specific IP address, the software can never be “turned off”. It uses a protocol that does not use hyper text transfer protocol (http://. . .), so essentially it is like using the web without the web as we know it these days. It is closer to a file transfer protocol (ftp://. . .), but a clustered connection protocol whereby the computers transfer the information in connected clusters to each other from within the software. The action of doing such file sharing essentially can be enforced to the users of such software in P2P sharing. Simply the sharing in such manner can cite you with emails or letters stating Notice of Action under the Digital Millennium Copyright Act (DMCA). If a notice is received, whoever is doing the downloading or loading the share of such information, the notice will give you information in order to comply with the notice. The failure to adhere to the instructions can cite legal action.
Precedence and Trade Secrets: The types of intellectual property are Patents, trademarks, copyrights, and trade secrets. Not just any secrets can actually be intellectual property. In the case with recipes, they are generally not applicable to be considered by the U.S. Patent and Trademark Office as an intellectual property. The recipes at restaurants must always be locked up, and essentially a contract between employed individuals must be enforced at all times, so that the recipe remains intact as a trade secret and so that any damages could be enforced in another venue of court other than the intellectual property. As in case of any trade secrets, these type of “do not republish or share” type clauses must be signed in writing at the hiring process, so that release of such information becomes enforcable in another court venue. A company does, however have precedence of criminal activity such as someone breaking in and stealing trade secrets, but still not in the venue of court necessary to backing up an intellectual property. A company or person has to be very smart, and legal counsel is always a plus whenever you start any size business.
Celebrated: April 27th every year, since 2000. The event was established by the World Intellectual Property Organization (WIPO) in order to raise awareness of how patents, copyright, trademarks and designs impact daily life, with the slogan “to celebrate creativity, and the contribution made by creators and innovators to the development of societies across the globe”.
A Few Facts:
I am sharing a few facts, and more, some trivia, some not trivial. . .
What Actually is intellectual property theft?
Most people know that when someone’s tangible property like as a car, money or things are stolen, that a theft of such property is fully reportable in any local law enforcement offices such as a police station. There are also laws protecting owners of intangible property such as a song, story, image, films, videos, gaming or artwork. A case and scenario would be a performance whereby a song is written and performed, and somebody records the song and publishes it without giving you credit. In these cases, they could well be guilty of stealing intellectual property. Protecting intellectual property rights is difficult, because unlike tangible property, intellectual property is invisible and indivisible, so an unlimited number of people can actually consume it without it being depleted. It is actually very hard to secure intellectual property because the producer of information or an intellectual good can do very little to stop their first buyer from replicating it or reverse engineering it and then selling it at a lower price.
People all over the world, are enjoying the intellectual property of others. Respect is due to honor the proper credit of such property!
We love to think that we are all will be able to enjoy intellectual property. Future respect is always due. . .
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World Intellectual Property Day