Intellectual Property Analysis

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In support of the Intellectual Property Protection The concept of intellectual property was first mentioned in the judgment of the District Court of the State of Massachusetts from 1845. In legal theory and literature of France, in 1846 the term propriété intellectuelle, was first used by Alfred Nion. The term "intellectual property" has been widely used since the seventies of the last century, from the moment of entry into force of the Convention on establishing the World Intellectual Property Organization. In Section Two of this Convention, definition of intellectual property is given: the term "intellectual property" shall include rights relating to: literary, artistic and scientific works; interpretations of artists and performers and …show more content…

One is that information technology can be easily copied, which, in the absence of protection, discourages any incentive to invest in innovation. The second is that the market should be the main mechanism for the exchange of technological information between companies. There are authors who argue that, within the modern systems of intellectual property protection, the significance of the two assumptions is overrated. In most cases copying of the technological information is neither easy nor cheap, so unauthorized copying cannot be simply accomplished and does not represent an attractive option. On the other hand, the costs of appropriation and transfer of technological information through the market are not always the lowest. Some authors argue that further strengthening of property rights in the information technology may be not only unnecessary but also counterproductive to the overall technological progress Mandewille, T. (1996) …show more content…

Scientists who deal with these issues concluded that the valuation of intellectual property is much more an art than science and a skill. The costs of creating new ideas often depend on the extent to which innovators can take ideas from others, or to what extent they can continue on the basis of previous contributions. Securing exclusive rights to appropriate intellectual creations, consumers are brought into disadvantaged position, compared to the scenario in which when competition is allowed. This is manifested primarily through major monopolistic price-protected products and limited choice. Economic theory justifies traditionally strong intellectual property rights and their adequate consistent, referring to the fact that the guaranteed property rights are one of the pillars of modern market economies. Intellectual property, however, has another role, and it is reflected in encouraging creators and innovators to disclose the results of their work. In this way intellectual property rights are becoming a key factor in establishing of the information