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Intellectual property (IP) is a category of
property Property is a system of rights that gives people legal control of valuable things, and also refers to the valuable things themselves. Depending on the nature of the property, an owner of property may have the right to consume, alter, share, r ...
that includes intangible creations of the human intellect. There are many types of intellectual property, and some countries recognize more than others. The most well-known types are
copyright Copyright is a type of intellectual property Intellectual property (IP) is a category of property Property is a system of rights that gives people legal control of valuable things, and also refers to the valuable things themselves. ...

copyright
s,
patent A patent is a type of intellectual property Intellectual property (IP) is a category of property Property is a system of rights that gives people legal control of valuable things, and also refers to the valuable things themselves. Depe ...

patent
s,
trademark A trademark (also written trade mark or trade-mark) is a type of intellectual property Intellectual property (IP) is a category of property Property is a system of rights that gives people legal control of valuable things, and also r ...

trademark
s, and
trade secret Trade secrets are a type of intellectual property that comprise formulas, best practice, practices, business process, processes, designs, legal instrument, instruments, patterns, or compilations of information that have inherent economic value be ...
s. The modern concept of intellectual property developed in England in the 17th and 18th centuries. The term "intellectual property" began to be used in the 19th century, though it was not until the late 20th century that intellectual property became commonplace in the majority of the world's legal systems."property as a common descriptor of the field probably traces to the foundation of the
World Intellectual Property Organization The World Intellectual Property Organization (WIPO; french: Organisation mondiale de la propriété intellectuelle (OMPI)) is one of the list of specialized agencies of the United Nations, 15 specialized agencies of the United Nations (UN). Pu ...
(WIPO) by the United Nations." in
Mark A. Lemley Mark A. Lemley (born c. 1966) is currently the William H. Neukom Professor of Law at Stanford Law School and the Director of the Stanford Law School Program in Law, Science & Technology, as well as a founding partner of the law firm of Durie Tan ...

''Property, Intellectual Property, and Free Riding''
, Texas Law Review, 2005, Vol. 83:1031, page 1033, footnote 4.
The main purpose of intellectual property law is to encourage the creation of a wide variety of intellectual goods. To achieve this, the law gives people and businesses property rights to the information and intellectual goods they create, usually for a limited period of time. This gives economic incentive for their creation, because it allows people to benefit from the information and intellectual goods they create, and allows them to protect their ideas and prevent copying. These economic incentives are expected to stimulate
innovation Innovation is the practical implementation of ideas A mental representation (or cognitive representation), in philosophy of mind Philosophy of mind is a branch of philosophy that studies the ontology and nature of the mind and its relation ...

innovation
and contribute to the technological progress of countries, which depends on the extent of protection granted to innovators. The
intangible Intangibles or intangible may refer to: * Intangible asset, an asset class used in accounting * Intellectual capital, the difference in value between tangible assets (physical and financial) and market value * Intellectual property, a legal concept ...
nature of intellectual property presents difficulties when compared with traditional property like land or goods. Unlike traditional property, intellectual property is "indivisible", since an unlimited number of people can "consume" an intellectual good without it being depleted. Additionally, investments in intellectual goods suffer from problems of appropriation: a landowner can surround their land with a robust fence and hire armed guards to protect it, but a producer of information or literature can usually do very little to stop their first buyer from replicating it and selling it at a lower price. Balancing rights so that they are strong enough to encourage the creation of intellectual goods but not so strong that they prevent the goods' wide use is the primary focus of modern intellectual property law.


History

The
Statute of Monopolies The Statute of Monopolies 162321 Jac 1 c 3 is an Act of the Parliament of England The Parliament of England was the legislature A legislature is an assembly Assembly may refer to: Organisations and meetings * Deliberative assembly ...
(1624) and the British
Statute of Anne The Statute of Anne, also known as the Copyright Act 1710 (cited either as 8 Ann. c. 21 or as 8 Ann. c. 19), is an act of the Parliament of Great Britain passed in 1710, which was the first statute to provide for copyright Copyright is ...

Statute of Anne
(1710) are seen as the origins of
patent law A patent is a type of intellectual property Intellectual property (IP) is a category of property Property is a system of rights that gives people legal control of valuable things, and also refers to the valuable things themselves. Depe ...
and
copyright Copyright is a type of intellectual property Intellectual property (IP) is a category of property Property is a system of rights that gives people legal control of valuable things, and also refers to the valuable things themselves. ...

copyright
respectively, firmly establishing the concept of intellectual property. "Literary property" was the term predominantly used in the British legal debates of the 1760s and 1770s over the extent to which authors and publishers of works also had rights deriving from the common law of property (''
Millar v Taylor ''Millar v Taylor'' (1769) 4 Burr. 2303, 98 ER 201Millar v Taylor (1769) is an Eng ...
'' (1769), ''
Hinton v Donaldson ''Hinton v Donaldson'' (1773, 5 Brn 508) was a case by which the Court of Session The Court of Session is the Supreme court, supreme Civil law (common law), civil Courts of Scotland, court of Scotland and constitutes part of the College of Jus ...
'' (1773), ''
Donaldson v Becket ''Donaldson v Becket'' (1774) 2 Brown's Parl. Cases (2d ed.) 129, 1 Eng. Rep. 837; 4 Burr. 2408, 98 Eng. Rep. 257; 17 Cobbett's Parl. Hist. 953 is the ruling by the British House of Lords The House of Lords is the upper house of the Parliamen ...
'' (1774)). The first known use of the term ''intellectual property'' dates to this time, when a piece published in the ''
Monthly Review The ''Monthly Review'', established in 1949, is an independent socialist Socialism is a political Politics (from , ) is the set of activities that are associated with making decisions In psychology, decision-making (also spelled dec ...
'' in 1769 used the phrase. The first clear example of modern usage goes back as early as 1808, when it was used as a heading title in a collection of essays. The German equivalent was used with the founding of the
North German Confederation The North German Confederation (german: Norddeutscher Bund) was the Germans, German federal state which existed from July 1867 to December 1870. The Confederation came into existence after the Austro-Prussian War of 1866 over the lordship of tw ...
whose
constitution A constitution is an aggregate of fundamental principles A principle is a proposition or value that is a guide for behavior or evaluation. In law, it is a rule Rule or ruling may refer to: Human activity * The exercise of political ...

constitution
granted legislative power over the protection of intellectual property (''Schutz des geistigen Eigentums'') to the confederation. When the administrative secretariats established by the
Paris Convention
Paris Convention
(1883) and the
Berne Convention The Berne Convention for the Protection of Literary and Artistic Works, usually known as the Berne Convention, is an international agreement governing copyright, which was first accepted in Berne, Switzerland, in 1886. The Berne Convention form ...
(1886) merged in 1893, they located in Berne, and also adopted the term intellectual property in their new combined title, the
United International Bureaux for the Protection of Intellectual PropertyThe United International Bureaux for the Protection of Intellectual Property (BIRPI) was an international organization. It was set up in 1893 to administer the Berne Convention for the Protection of Literary and Artistic Works ,german: Berner(in) ...
. The organization subsequently relocated to Geneva in 1960 and was succeeded in 1967 with the establishment of the
World Intellectual Property Organization The World Intellectual Property Organization (WIPO; french: Organisation mondiale de la propriété intellectuelle (OMPI)) is one of the list of specialized agencies of the United Nations, 15 specialized agencies of the United Nations (UN). Pu ...
(WIPO) by
treaty A treaty is a formal, legally binding written agreement between actors in international law International law, also known as public international law and law of nations, is the set of rules, norms, and standards generally accepted in relat ...
as an agency of the
United Nations The United Nations (UN) is an intergovernmental organization aiming to maintain international peace and international security, security, develop friendly relations among nations, achieve international cooperation, and be a centre for harm ...

United Nations
. According to legal scholar
Mark Lemley Mark A. Lemley (born c. 1966) is currently the Professor of Law at and the Director of the Stanford Law School Program in Law, Science & Technology, as well as a founding partner of the law firm of Durie Tangri LLP, which he has been practicing ...
, it was only at this point that the term really began to be used in the United States (which had not been a party to the Berne Convention), and it did not enter popular usage there until passage of the Bayh-Dole Act in 1980.
The history of patents does not begin with inventions, but rather with royal grants by
Queen Elizabeth I Elizabeth I (7 September 153324 March 1603) was Queen of England and Ireland Ireland ( ; ga, Éire ; Ulster Scots dialect, Ulster-Scots: ) is an island in the Atlantic Ocean, North Atlantic. It is separated from Great Britain to i ...
(1558–1603) for monopoly privileges. Approximately 200 years after the end of Elizabeth's reign, however, a patent represents a legal
right Rights are legal Law is a system A system is a group of Interaction, interacting or interrelated elements that act according to a set of rules to form a unified whole. A system, surrounded and influenced by its environment, is desc ...

right
obtained by an inventor providing for exclusive control over the production and sale of his mechanical or scientific invention. demonstrating the evolution of patents from royal prerogative to common-law doctrine.
The term can be found used in an October 1845
Massachusetts Circuit Court Massachusetts (, ), officially the Commonwealth of Massachusetts, is the most populous state State may refer to: Arts, entertainment, and media Literature * ''State Magazine'', a monthly magazine published by the U.S. Department of State * T ...
ruling in the patent case ''Davoll et al. v. Brown.'', in which Justice Charles L. Woodbury wrote that "only in this way can we protect intellectual property, the labors of the mind, productions and interests are as much a man's own...as the wheat he cultivates, or the flocks he rears." The statement that "discoveries are..property" goes back earlier. Section 1 of the French law of 1791 stated, "All new discoveries are the property of the author; to assure the inventor the property and temporary enjoyment of his discovery, there shall be delivered to him a patent for five, ten or fifteen years." In Europe, author A. Nion mentioned ''propriété intellectuelle'' in his ''Droits civils des auteurs, artistes et inventeurs'', published in 1846. Until recently, the purpose of intellectual property law was to give as little protection as possible in order to encourage
innovation Innovation is the practical implementation of ideas A mental representation (or cognitive representation), in philosophy of mind Philosophy of mind is a branch of philosophy that studies the ontology and nature of the mind and its relation ...

innovation
. Historically, therefore, they were granted only when they were necessary to encourage invention, limited in time and scope. This is mainly as a result of knowledge being traditionally viewed as a public good, in order to allow its extensive dissemination and improvement thereof. The concept's origin can potentially be traced back further.
Jewish law ''Halakha'' (; he, הֲלָכָה, ), also transliterated Transliteration is a type of conversion of a text from one script to another that involves swapping letters (thus '' trans-'' + '' liter-'') in predictable ways, such as Greek → ...
includes several considerations whose effects are similar to those of modern intellectual property laws, though the notion of intellectual creations as property does not seem to exist – notably the principle of Hasagat Ge'vul (unfair encroachment) was used to justify limited-term publisher (but not author) copyright in the 16th century. In 500 BCE, the government of the Greek state of
Sybaris Sybaris ( grc, Σύβαρις; it, Sibari) was an important city of Magna Graecia Magna Graecia (, ; Latin meaning "Greater Greece", grc, Μεγάλη Ἑλλάς, ', it, Magna Grecia) was the name given by the Roman people, Romans to the c ...
offered one year's patent "to all who should discover any new refinement in luxury". According to Jean-Frédéric Morin, "the global intellectual property regime is currently in the midst of a paradigm shift". Indeed, up until the early 2000s the global IP regime used to be dominated by high standards of protection characteristic of IP laws from Europe or the United States, with a vision that uniform application of these standards over every country and to several fields with little consideration over social, cultural or environmental values or of the national level of economic development. Morin argues that "the emerging discourse of the global IP regime advocates for greater policy flexibility and greater access to knowledge, especially for developing countries." Indeed, with the Development Agenda adopted by WIPO in 2007, a set of 45 recommendations to adjust WIPO's activities to the specific needs of developing countries and aim to reduce distortions especially on issues such as patients’ access to medicines, Internet users’ access to information, farmers’ access to seeds, programmers’ access to source codes or students’ access to scientific articles. However, this paradigm shift has not yet manifested itself in concrete legal reforms at the international level. Similarly, it is based on these background that the Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement requires members of the WTO to set minimum standards of legal protection, but its objective to have a “one-fits-all” protection law on Intellectual Property has been viewed with controversies regarding differences in the development level of countries. Despite the controversy, the agreement has extensively incorporated intellectual property rights into the global trading system for the first time in 1995, and has prevailed as the most comprehensive agreement reached by the world.


Rights

Intellectual property rights include
patent A patent is a type of intellectual property Intellectual property (IP) is a category of property Property is a system of rights that gives people legal control of valuable things, and also refers to the valuable things themselves. Depe ...

patent
s,
copyright Copyright is a type of intellectual property Intellectual property (IP) is a category of property Property is a system of rights that gives people legal control of valuable things, and also refers to the valuable things themselves. ...

copyright
,
industrial design right An industrial design right is an intellectual property right that protects the visual design of objects that are not purely utilitarian. An industrial design consists of the creation of a shape, configuration or composition of pattern or color, or ...
s,
trademark A trademark (also written trade mark or trade-mark) is a type of intellectual property Intellectual property (IP) is a category of property Property is a system of rights that gives people legal control of valuable things, and also r ...

trademark
s, plant variety rights,
trade dress Trade dress is the characteristics of the visual appearance of a product or its packaging (or even the design of a building) that signify the source of the product to consumers. Trade dress is an aspect of trademark law A trademark (also wr ...
,
geographical indications A geographical indication (GI) is a name or sign used on products which corresponds to a specific geographical location or origin (e.g., a town, region, or country). The use of a geographical indication, as an indication of the product's source, ...
, and in some jurisdictions
trade secret Trade secrets are a type of intellectual property that comprise formulas, best practice, practices, business process, processes, designs, legal instrument, instruments, patterns, or compilations of information that have inherent economic value be ...
s. There are also more specialized or derived varieties of ''
sui generis ''Sui generis'' ( , ) is a Latin Latin (, or , ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European languages. Latin was originally spoken in the area around Rome, known as Latium. Through the powe ...
'' exclusive rights, such as circuit design rights (called
mask work A mask is an object normally worn on the face, typically for protection, disguise, performance, or entertainment. Masks have been used since antiquity for both ceremony, ceremonial and pragmatism, practical purposes, as well as in the perfor ...
rights in the US),
supplementary protection certificate In the European Economic Area The European Economic Area (EEA) was established via the ''Agreement on the European Economic Area'', an international agreement which enables the extension of the European Union The European Union (EU ...
s for pharmaceutical products (after expiry of a patent protecting them), and
database rights A database right is a '' sui generis'' property right, comparable to but distinct from copyright Copyright is a type of intellectual property that gives its owner the exclusive right to make copies of a creative work, usually for a limite ...
(in
European law European Union law is a system of rules operating within the member states of the European Union The European Union (EU) is a political and economic union of Member state of the European Union, member states that are located primarily ...
). The term "industrial property" is sometimes used to refer to a large subset of intellectual property rights including patents, trademarks, industrial designs, utility models, service marks, trade names, and geographical indications.


Patents

A
patent A patent is a type of intellectual property Intellectual property (IP) is a category of property Property is a system of rights that gives people legal control of valuable things, and also refers to the valuable things themselves. Depe ...

patent
is a form of right granted by the government to an inventor or their successor-in-title, giving the owner the right to exclude others from making, using, selling, offering to sell, and importing an
invention An invention is a unique or novelty (patent), novel machine, device, method, composition or process. The invention process is a process within an overall engineering and product development process. It may be an improvement upon a machine or p ...

invention
for a limited period of time, in exchange for the public disclosure of the invention. An invention is a solution to a specific technological problem, which may be a product or a process and generally has to fulfill three main requirements: it has to be new, not obvious and there needs to be an
industrial applicability In certain jurisdictions' patent law NPOV disputes from March 2021 A patent is a title A title is one or more words used before or after a person's name, in certain contexts. It may signify either generation, an official position, or a profe ...
.WIPO Intellectual Property Handbook: Policy, Law and Use. Chapter 2: Fields of Intellectual Property Protection
WIPO 2008
To enrich the body of knowledge and stimulate innovation, it is an obligation for patent owners to disclose valuable information about their inventions to the public.WIPO (2008); “What is Intellectual Property” Handbook: WIPO Publication No. 450(E) , available: http://www.wipo.int/edocs/pubdocs/en/intproperty/450/wipo_pub_450.pdf


Copyright

A
copyright Copyright is a type of intellectual property Intellectual property (IP) is a category of property Property is a system of rights that gives people legal control of valuable things, and also refers to the valuable things themselves. ...

copyright
gives the creator of an original work
exclusive right In Anglo-Saxon law, an exclusive right, or exclusivity, is a de facto, non-tangible prerogative existing in law (that is, the power (sociology), power or, in a wider sense, right) to perform an action or acquire a benefit and to permit or deny oth ...
s to it, usually for a limited time. Copyright may apply to a wide range of creative, intellectual, or artistic forms, or "works". Copyright does not cover ideas and information themselves, only the form or manner in which they are expressed.


Industrial design rights

An
industrial design right An industrial design right is an intellectual property right that protects the visual design of objects that are not purely utilitarian. An industrial design consists of the creation of a shape, configuration or composition of pattern or color, or ...
(sometimes called "design right" or ''design patent'') protects the visual design of objects that are not purely utilitarian. An industrial design consists of the creation of a shape, configuration or composition of pattern or color, or combination of pattern and color in three-dimensional form containing aesthetic value. An industrial design can be a two- or three-dimensional pattern used to produce a product, industrial commodity or handicraft. Generally speaking, it is what makes a product look appealing, and as such, it increases the commercial value of goods.


Plant varieties

Plant breeders' rights Plant breeders' rights (PBR), also known as plant variety rights (PVR), are rights granted to the breeder of a new variety of plant that give the breeder exclusive control over the propagating material (including seed A seed is an embryoni ...
or plant variety rights are the rights to commercially use a new variety of a plant. The variety must amongst others be novel and distinct and for registration the evaluation of propagating material of the variety is considered.


Trademarks

A
trademark A trademark (also written trade mark or trade-mark) is a type of intellectual property Intellectual property (IP) is a category of property Property is a system of rights that gives people legal control of valuable things, and also r ...

trademark
is a recognizable
sign A sign is an object Object may refer to: General meanings * Object (philosophy), a thing, being, or concept ** Entity, something that is tangible and within the grasp of the senses ** Object (abstract), an object which does not exist at ...
,
design A design is a plan or specification for the construction of an object or system or for the implementation of an activity or process, or the result of that plan or specification in the form of a prototype A prototype is an early sample, mode ...

design
or expression which distinguishes
products Product may refer to: Business * Product (business), an item that serves as a solution to a specific consumer problem. * Product (project management), a deliverable or set of deliverables that contribute to a business solution Mathematics * Produc ...
or
services Service may refer to: Activities :''(See the Religion section for religious activities)'' * Administrative service, a required part of the workload of Faculty (academic staff), university faculty * Civil service, the body of employees of a governm ...
of a particular trader from similar products or services of other traders.


Trade dress

Trade dress Trade dress is the characteristics of the visual appearance of a product or its packaging (or even the design of a building) that signify the source of the product to consumers. Trade dress is an aspect of trademark law A trademark (also wr ...
is a legal term of art that generally refers to characteristics of the visual and aesthetic appearance of a product or its packaging (or even the design of a building) that signify the source of the product to consumers.


Trade secrets

A
trade secret Trade secrets are a type of intellectual property that comprise formulas, best practice, practices, business process, processes, designs, legal instrument, instruments, patterns, or compilations of information that have inherent economic value be ...
is a
formula In , a formula is a concise way of expressing information symbolically, as in a mathematical formula or a . The informal use of the term ''formula'' in science refers to the . The plural of ''formula'' can be either ''formulas'' (from the mos ...

formula
, practice, process,
design A design is a plan or specification for the construction of an object or system or for the implementation of an activity or process, or the result of that plan or specification in the form of a prototype A prototype is an early sample, mode ...

design
, instrument,
pattern A pattern is a regularity in the world, in human-made design, or in abstract ideas. As such, the elements of a pattern repeat in a predictable manner. A geometric pattern is a kind of pattern formed of geometric Geometry (from the grc, ...

pattern
, or compilation of
information Information is processed, organised and structured data Data (; ) are individual facts A fact is something that is truth, true. The usual test for a statement of fact is verifiability—that is whether it can be demonstrated to c ...

information
which is not generally known or reasonably ascertainable, by which a
business Business is the activity of making one's living or making money by producing or buying and selling products (such as goods and services). Simply put, it is "any activity or enterprise entered into for profit." Having a business name A trad ...

business
can obtain an economic advantage over competitors and customers. There is no formal government protection granted; each business must take measures to guard its own trade secrets (e.g., Formula of its soft drinks is a trade secret for Coca-Cola.)


Motivation and justification

The main purpose of intellectual property law is to encourage the creation of a wide variety of intellectual goods for consumers. To achieve this, the law gives people and businesses property rights to the information and intellectual goods they create, usually for a limited period of time. Because they can then profit from them, this gives economic incentive for their creation. The intangible nature of intellectual property presents difficulties when compared with traditional property like land or goods. Unlike traditional property, intellectual property is indivisible – an unlimited number of people can "consume" an intellectual good without it being depleted. Additionally, investments in intellectual goods suffer from problems of appropriation – while a landowner can surround their land with a robust fence and hire armed guards to protect it, a producer of information or an intellectual good can usually do very little to stop their first buyer from replicating it and selling it at a lower price. Balancing rights so that they are strong enough to encourage the creation of information and intellectual goods but not so strong that they prevent their wide use is the primary focus of modern intellectual property law. By exchanging limited exclusive rights for disclosure of inventions and creative works, society and the patentee/copyright owner mutually benefit, and an incentive is created for inventors and authors to create and disclose their work. Some commentators have noted that the objective of intellectual property legislators and those who support its implementation appears to be "absolute protection". "If some intellectual property is desirable because it encourages innovation, they reason, more is better. The thinking is that creators will not have sufficient incentive to invent unless they are legally entitled to capture the full social value of their inventions". This absolute protection or full value view treats intellectual property as another type of "real" property, typically adopting its law and rhetoric. Other recent developments in intellectual property law, such as the America Invents Act, stress international harmonization. Recently there has also been much debate over the desirability of using intellectual property rights to protect cultural heritage, including intangible ones, as well as over risks of
commodification Within a capitalist Capitalism is an economic system An economic system, or economic order, is a system of Production (economics), production, allocation of resources, resource allocation and Distribution (economics), distribution of go ...
derived from this possibility. The issue still remains open in legal scholarship.


Financial incentive

These exclusive rights allow owners of intellectual property to benefit from the property they have created, providing a financial incentive for the creation of an investment in intellectual property, and, in case of patents, pay associated
research and development Research and development (R&D, R+D), known in Europe Europe is a continent A continent is any of several large landmasses. Generally identified by convention (norm), convention rather than any strict criteria, up to seven geogra ...
costs. In the United States Article I Section 8 Clause 8 of the Constitution, commonly called the Patent and Copyright Clause, reads; "The Congress shall have power 'To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.'" ”Some commentators, such as
David Levine David Levine (December 20, 1926 – December 29, 2009) was an United States, American artist and illustrator best known for his caricatures in ''The New York Review of Books''. Jules Feiffer has called him "the greatest caricaturist of the la ...
and
Michele Boldrin Michele Boldrin (; 20 August 1956) is an Italian-born politician and economist, expert in economic growth, business cycles, technological progress and intellectual property. He is currently the Joseph Gibson Hoyt Distinguished Professor in Arts & ...

Michele Boldrin
, dispute this justification. In 2013 the United States Patent & Trademark Office approximated that the worth of intellectual property to the U.S. economy is more than US $5 trillion and creates employment for an estimated 18 million American people. The value of intellectual property is considered similarly high in other developed nations, such as those in the European Union. In the UK, IP has become a recognised asset class for use in pension-led funding and other types of business finance. However, in 2013, the
UK Intellectual Property Office The Intellectual Property Office of the United Kingdom (often referred to as the UK IPO) is, since 2 April 2007, the operating name of The Patent Office. It is the official government body responsible for intellectual property Intellectual p ...
stated: "There are millions of intangible business assets whose value is either not being leveraged at all, or only being leveraged inadvertently".


Economic growth

The WIPO treaty and several related international agreements underline that the protection of intellectual property rights is essential to maintaining economic growth. The ''WIPO Intellectual Property Handbook'' gives two reasons for intellectual property laws:
One is to give statutory expression to the moral and economic rights of creators in their creations and the rights of the public in access to those creations. The second is to promote, as a deliberate act of Government policy, creativity and the dissemination and application of its results and to encourage fair trading which would contribute to economic and social development.
The
Anti-Counterfeiting Trade Agreement es, Acuerdo Comercial Anti-Falsificación , image = Anti-Counterfeiting Trade Agreement map (English).svg , image_width = 260 , caption = , type = Plurilateral agreement , date_drafted ...
(ACTA) states that "effective enforcement of intellectual property rights is critical to sustaining economic growth across all industries and globally". Economists estimate that two-thirds of the value of large businesses in the United States can be traced to intangible assets. "IP-intensive industries" are estimated to generate 72% more
value added In business, total value added is calculated by tabulating the unit value added (measured by summing unit profit Profit may refer to: Business and law * Profit (accounting), the difference between the purchase price and the costs of bringing ...
(price minus material cost) per employee than "non-IP-intensive industries". A joint research project of the
WIPO The World Intellectual Property Organization (WIPO; french: Organisation mondiale de la propriété intellectuelle (OMPI)) is one of the 15 specialized agencies of the United Nations The United Nations (UN) is an intergovernmental o ...
and the
United Nations University The (UNU) is the academic and research arm of the United Nations The United Nations (UN) is an intergovernmental organization that aims to maintain international peace and international security, security, develop friendly relations am ...

United Nations University
measuring the impact of IP systems on six Asian countries found "a positive correlation between the strengthening of the IP system and subsequent economic growth."


Morality

According to Article 27 of the
Universal Declaration of Human Rights The Universal Declaration of Human Rights (UDHR) is an international document adopted by the United Nations General Assembly The United Nations General Assembly (UNGA or GA; french: link=no, Assemblée générale, AG) is one of the six p ...
, "everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author". Although the relationship between intellectual property and
human rights Human rights are moral A moral (from Latin Latin (, or , ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European languages. Latin was originally spoken in the area around Rome, known as Latium. ...
is a complex one, there are moral arguments for intellectual property. The arguments that justify intellectual property fall into three major categories. Personality theorists believe intellectual property is an extension of an individual. Utilitarians believe that intellectual property stimulates social progress and pushes people to further innovation. Lockeans argue that intellectual property is justified based on deservedness and hard work. Various moral justifications for private property can be used to argue in favor of the morality of intellectual property, such as: # ''Natural Rights/Justice Argument'': this argument is based on Locke's idea that a person has a natural right over the labour and products which are produced by their body. Appropriating these products is viewed as unjust. Although Locke had never explicitly stated that natural right applied to products of the mind, it is possible to apply his argument to intellectual property rights, in which it would be unjust for people to misuse another's ideas. Locke's argument for intellectual property is based upon the idea that laborers have the right to control that which they create. They argue that we own our bodies which are the laborers, this right of ownership extends to what we create. Thus, intellectual property ensures this right when it comes to production. # ''Utilitarian-Pragmatic Argument'': according to this rationale, a society that protects private property is more effective and prosperous than societies that do not. Innovation and invention in 19th century America has been attributed to the development of the
patent A patent is a type of intellectual property Intellectual property (IP) is a category of property Property is a system of rights that gives people legal control of valuable things, and also refers to the valuable things themselves. Depe ...

patent
system. By providing innovators with "durable and tangible return on their investment of time, labor, and other resources", intellectual property rights seek to maximize social utility. The presumption is that they promote public welfare by encouraging the "creation, production, and distribution of intellectual works". Utilitarians argue that without intellectual property there would be a lack of incentive to produce new ideas. Systems of protection such as Intellectual property optimize social utility. # ''"Personality" Argument'': this argument is based on a quote from
Hegel Georg Wilhelm Friedrich Hegel (; ; 27 August 1770 – 14 November 1831) was a German German(s) may refer to: Common uses * of or related to Germany * Germans, Germanic ethnic group, citizens of Germany or people of German ancestry * For citi ...

Hegel
: "Every man has the right to turn his will upon a thing or make the thing an object of his will, that is to say, to set aside the mere thing and recreate it as his own". European intellectual property law is shaped by this notion that ideas are an "extension of oneself and of one's personality". Personality theorists argue that by being a creator of something one is inherently at risk and vulnerable for having their ideas and designs stolen and/or altered. Intellectual property protects these moral claims that have to do with personality.
Lysander Spooner Lysander Spooner (January 19, 1808 – May 14, 1887) was an American individualist anarchist Individualist anarchism is the branch of anarchism that emphasizes the individual and their Will (philosophy), will over external determinants such as ...

Lysander Spooner
(1855) argues "that a man has a natural and absolute right—and if a natural and absolute, then necessarily a perpetual, right—of property, in the ideas, of which he is the discoverer or creator; that his right of property, in ideas, is intrinsically the same as, and stands on identically the same grounds with, his right of property in material things; that no distinction, of principle, exists between the two cases". Writer
Ayn Rand Ayn Rand (; born Alisa Zinovyevna Rosenbaum;,  – March 6, 1982) was a Russian-American writer and philosopher. She is known for her two best-selling novels, ''The Fountainhead'' and ''Atlas Shrugged'', and for developing a philosophic ...

Ayn Rand
argued in her book '' Capitalism: The Unknown Ideal'' that the protection of intellectual property is essentially a moral issue. The belief is that the human mind itself is the source of wealth and survival and that all property at its base is intellectual property. To violate intellectual property is therefore no different morally than violating other property rights which compromises the very processes of survival and therefore constitutes an immoral act.


Infringement, misappropriation, and enforcement

Violation of intellectual property rights, called "infringement" with respect to patents, copyright, and trademarks, and "misappropriation" with respect to trade secrets, may be a breach of civil law or criminal law, depending on the type of intellectual property involved, jurisdiction, and the nature of the action. As of 2011 trade in counterfeit copyrighted and trademarked works was a $600 billion industry worldwide and accounted for 5–7% of global trade.Miriam Bitton (2012
Rethinking the Anti-Counterfeiting Trade Agreement's Criminal Copyright Enforcement Measures
The Journal of Criminal Law & Criminology 102(1):67–117


Patent infringement

Patent infringement typically is caused by using or selling a patented invention without permission from the patent holder. The scope of the patented invention or the extent of protection is defined in the claims of the granted patent. There is
safe harbor Safe harbor or Safe harbour may refer to: Film and television * Safe harbor (broadcasting), established in 1978 in the US, the time period in a television schedule during which programs with adult content can air * Safe Harbor (TV series), ''Safe ...
in many jurisdictions to use a patented invention for research. This safe harbor does not exist in the US unless the research is done for purely philosophical purposes, or in order to gather data in order to prepare an application for regulatory approval of a drug. In general, patent infringement cases are handled under civil law (e.g., in the United States) but several jurisdictions incorporate infringement in criminal law also (for example, Argentina, China, France, Japan, Russia, South Korea).


Copyright infringement

Copyright infringement is reproducing, distributing, displaying or performing a
work Work may refer to: * Work (human activity) Work or labor is intentional activity people perform to support themselves, others, or the needs and wants of a wider community. Alternatively, work can be viewed as the human activity that cont ...

work
, or to make
derivative work In copyright law Copyright is a type of intellectual property that gives its owner the exclusive right to make copies of a creative work, usually for a limited time. The creative work may be in a literary, artistic, educational, or musical ...
s, without permission from the copyright holder, which is typically a publisher or other business representing or assigned by the work's creator. It is often called "piracy". While copyright is created the instant a work is fixed, generally the copyright holder can only get money damages if the owner registers the copyright. Enforcement of copyright is generally the responsibility of the copyright holder. The ACTA trade agreement, signed in May 2011 by the United States, Japan, Switzerland, and the EU, and which has not entered into force, requires that its parties add criminal penalties, including incarceration and fines, for copyright and trademark infringement, and obligated the parties to actively police for infringement.Irina D. Manta Spring 201
The Puzzle of Criminal Sanctions for Intellectual Property Infringement
Harvard Journal of Law & Technology 24(2):469–518
There are
limitations and exceptions to copyright Limitations and exceptions to copyright are provisions, in local copyright law Copyright is a type of intellectual property that gives its owner the exclusive right to copy and distribute a creative work, usually for a limited time. The cr ...
, allowing limited use of copyrighted works, which does not constitute infringement. Examples of such doctrines are the
fair use Fair use is a doctrine in the law of the United States that permits limited use of copyrighted material without having to first acquire permission from the copyright holder. Fair use is one of the limitations to copyright intended to balance the ...
and
fair dealing Fair dealing is a limitation and exception to the exclusive right In Anglo-Saxon law Anglo-Saxon law (Old English Old English (, ), or Anglo-Saxon, is the earliest recorded form of the English language English is a West Germanic l ...
doctrine.


Trademark infringement

Trademark infringement occurs when one party uses a trademark that is identical or confusingly similar to a trademark owned by another party, in relation to products or services which are identical or similar to the products or services of the other party. In many countries, a trademark receives protection without registration, but registering a trademark provides legal advantages for enforcement. Infringement can be addressed by civil litigation and, in several jurisdictions, under criminal law.


Trade secret misappropriation

Trade secret misappropriation is different from violations of other intellectual property laws, since by definition trade secrets are secret, while patents and registered copyrights and trademarks are publicly available. In the United States, trade secrets are protected under state law, and states have nearly universally adopted the Uniform Trade Secrets Act. The United States also has federal law in the form of the
Economic Espionage Act of 1996 The Economic Espionage Act of 1996 () was a 6 title Act of Congress dealing with a wide range of issues, including not only industrial espionage (''e.g.'', the theft or misappropriation of a trade secret and the National Information Infrastructure P ...
(), which makes the theft or misappropriation of a trade secret a federal crime. This law contains two provisions criminalizing two sorts of activity. The first, , criminalizes the theft of trade secrets to benefit foreign powers. The second, , criminalizes their theft for commercial or economic purposes. (The statutory penalties are different for the two offenses.) In
Commonwealth A commonwealth is a traditional English term for a political community founded for the common good In philosophy Philosophy (from , ) is the study of general and fundamental questions, such as those about reason, Metaphysics, existenc ...

Commonwealth
common law In law, common law (also known as judicial precedent or judge-made law, or case law Case law is the collection of past legal decisions written by courts and similar tribunal A tribunal, generally, is any person or institution with authority ...
jurisdictions, confidentiality and trade secrets are regarded as an equitable right rather than a
property Property is a system of rights that gives people legal control of valuable things, and also refers to the valuable things themselves. Depending on the nature of the property, an owner of property may have the right to consume, alter, share, r ...
right but penalties for theft are roughly the same as in the United States.


Criticisms


The term "intellectual property"

Criticism of the term ''intellectual property'' ranges from discussing its vagueness and abstract overreach to direct contention to the semantic validity of using words like ''property'' and ''rights'' in fashions that contradict practice and law. Many detractors think this term specially serves the doctrinal agenda of parties opposing reform in the public interest or otherwise abusing related legislations, and that it disallows intelligent discussion about specific and often unrelated aspects of copyright, patents, trademarks, etc.
Free Software Foundation The Free Software Foundation (FSF) is a 501(c)(3) A 501(c)(3) organization is a corporation, trust, unincorporated association, or other type of organization exempt from federal income tax under section 501(c)(3) of Title 26 of the United States ...
founder
Richard Stallman Richard Matthew Stallman (; born March 16, 1953), also known by his initials, rms, is an American free software movement The free software movement is a social movement A social movement is a loosely organized effort by a large group of peo ...

Richard Stallman
argues that, although the term ''intellectual property'' is in wide use, it should be rejected altogether, because it "systematically distorts and confuses these issues, and its use was and is promoted by those who gain from this confusion". He claims that the term "operates as a catch-all to lump together disparate laws
hich Ij ( fa, ايج, also Romanize Romanization or romanisation, in linguistics Linguistics is the scientific study of language A language is a structured system of communication used by humans, including speech (spoken language), ge ...

hich
originated separately, evolved differently, cover different activities, have different rules, and raise different public policy issues" and that it creates a "bias" by confusing these monopolies with ownership of limited physical things, likening them to "property rights". Stallman advocates referring to copyrights, patents and trademarks in the singular and warns against abstracting disparate laws into a collective term. He argues that "to avoid spreading unnecessary bias and confusion, it is best to adopt a firm policy not to speak or even think in terms of 'intellectual property'." Similarly, economists and
LevineLevine (French transliteration from Russian) / Levin Levin may refer to: * Levin (given name) * Levin (surname) * Levin, New Zealand, a town in southern North Island * Toyota Corolla Levin, an automobile * Levin (guitar company), Sweden * Konstantin ...
prefer to use the term "intellectual monopoly" as a more appropriate and clear definition of the concept, which, they argue, is very dissimilar from property rights. They further argued that "stronger patents do little or nothing to encourage innovation", mainly explained by its tendency to create market monopolies, thereby restricting further innovations and technology transfer. On the assumption that intellectual property rights are actual rights, Stallman says that this claim does not live to the historical intentions behind these laws, which in the case of copyright served as a censorship system, and later on, a regulatory model for the printing press that may have benefited authors incidentally, but never interfered with the freedom of average readers. Still referring to copyright, he cites legal literature such as the United States Constitution and
case law Case law is the collection of past legal decisions written by courts and similar tribunal A tribunal, generally, is any person or institution with authority to judge, adjudicate on, or determine claims or disputes—whether or not it is calle ...
to demonstrate that the law is meant to be an optional and experimental bargain to temporarily trade property rights and free speech for public, not private, benefits in the form of increased artistic production and knowledge. He mentions that "if copyright were a natural right nothing could justify terminating this right after a certain period of time". Law professor, writer and political activist
Lawrence Lessig Lester Lawrence Lessig III (born June 3, 1961) is an American academic, attorney, and political activist. He is the Roy L. Furman Professor of Law at Harvard Law School and the former director of the Edmond J. Safra Center for Ethics at Harvard ...

Lawrence Lessig
, along with many other
copyleft Copyleft is the practice of granting the right to freely distribute and modify intellectual property Intellectual property (IP) is a category of property Property is a system of rights that gives people legal control of valuable things ...

copyleft
and free software activists, has criticized the implied analogy with physical property (like land or an automobile). They argue such an analogy fails because physical property is generally rivalrous while intellectual works are non-rivalrous (that is, if one makes a copy of a work, the enjoyment of the copy does not prevent enjoyment of the original). Other arguments along these lines claim that unlike the situation with tangible property, there is no natural scarcity of a particular idea or information: once it exists at all, it can be re-used and duplicated indefinitely without such re-use diminishing the original.
Stephan Kinsella Norman Stephan Kinsella (; born 1965) is an American intellectual property Intellectual property (IP) is a category of property that includes intangible creations of the human intellect. There are many types of intellectual property, and some ...

Stephan Kinsella
has objected to ''intellectual property'' on the grounds that the word "property" implies scarcity, which may not be applicable to ideas. Entrepreneur and politician
Rickard Falkvinge Rick Falkvinge (born Dick Greger Augustsson on 21 January 1972) is a Swedish information technology entrepreneur Entrepreneurship is the creation or extraction of value. With this definition, entrepreneurship is viewed as change, generally enta ...

Rickard Falkvinge
and
hacker A hacker is a person skilled in information technology who uses their technical knowledge to achieve a goal or overcome an obstacle, within a computerized system by non-standard means. Though the term ''hacker'' has become associated in popul ...
Alexandre Oliva Alexandre Oliva at CONSEGI Alexandre "Alex" Oliva, is a Brazil Brazil ( pt, Brasil; ), officially the Federative Republic of Brazil (Portuguese: ), is the largest country in both South America and Latin America. At 8.5 million square ki ...

Alexandre Oliva
have independently compared George Orwell's fictional dialect
Newspeak Newspeak is the fictional language of Oceania Oceania (, , ) is a geographic region that includes Australasia, Melanesia, Micronesia and Polynesia. Spanning the Eastern and Western Hemispheres, Oceania has a land area of and a popu ...
to the terminology used by intellectual property supporters as a linguistic weapon to shape public opinion regarding copyright debate and
DRM DRM may refer to: Government, military and politics * Defense reform movement, U.S. campaign inspired by Col. John Boyd * Democratic Republic of Madagascar, a former socialist state (1975–1992) on Madagascar * Direction du renseignement militaire ...
.


Alternative terms

In
civil law Civil law may refer to: * Civil law (common law) Civil law is a major branch of the law.Glanville Williams. ''Learning the Law''. Eleventh Edition. Stevens. 1982. p. 2. In common law legal systems such as England and Wales and the law of the United ...
jurisdictions, intellectual property has often been referred to as
intellectual rights Intellectual property (IP) is a category of property that includes intangible creations of the human intellect. There are many types of intellectual property, and some countries recognize more than others. The most well-known types are copyright ...
, traditionally a somewhat broader concept that has included
moral rights Moral rights are rights Rights are legal Law is a system of rules created and law enforcement, enforced through social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise defin ...
and other personal protections that cannot be bought or sold. Use of the term ''intellectual rights'' has declined since the early 1980s, as use of the term ''intellectual property'' has increased. Alternative terms ''monopolies on information'' and ''intellectual monopoly'' have emerged among those who argue against the "property" or "intellect" or "rights" assumptions, notably
Richard Stallman Richard Matthew Stallman (; born March 16, 1953), also known by his initials, rms, is an American free software movement The free software movement is a social movement A social movement is a loosely organized effort by a large group of peo ...

Richard Stallman
. The
backronym A backronym, or bacronym, is an acronym An acronym is a word In linguistics, a word of a spoken language can be defined as the smallest sequence of phonemes that can be uttered in isolation with semantic, objective or pragmatics, practical m ...
s ''intellectual protectionism'' and ''intellectual poverty'', whose initials are also ''IP'', have found supporters as well, especially among those who have used the backronym '' digital restrictions management''. The argument that an intellectual property right should (in the interests of better balancing of relevant private and public interests) be termed an ''intellectual monopoly privilege'' (IMP) has been advanced by several academics including Birgitte Andersen and Thomas Alured Faunce.


Objections to overly broad intellectual property laws

Some critics of intellectual property, such as those in the free culture movement, point at intellectual monopolies as harming health (in the case of pharmaceutical patents), preventing progress, and benefiting concentrated interests to the detriment of the masses, and argue that the public interest is harmed by ever-expansive monopolies in the form of copyright extensions, software patents, and business method patents. More recently scientists and engineers are expressing concern that patent thickets are undermining technological development even in high-tech fields like nanotechnology. Petra Moser has asserted that historical analysis suggests that intellectual property laws may harm innovation:
Overall, the weight of the existing historical evidence suggests that patent policies, which grant strong intellectual property rights to early generations of inventors, may discourage innovation. On the contrary, policies that encourage the diffusion of ideas and modify patent laws to facilitate entry and encourage competition may be an effective mechanism to encourage innovation.
In support of that argument, Jörg Baten, Nicola Bianchi and Petra Moser find historical evidence that especially compulsory licensing – which allows governments to license patents without the consent of patent-owners – encouraged invention in Germany in the early 20th century by increasing the threat of competition in fields with low pre-existing levels of competition. Peter Drahos notes, "Property rights confer authority over resources. When authority is granted to the few over resources on which the many depend, the few gain power over the goals of the many. This has consequences for both political and economic freedom within a society." The
World Intellectual Property Organization The World Intellectual Property Organization (WIPO; french: Organisation mondiale de la propriété intellectuelle (OMPI)) is one of the list of specialized agencies of the United Nations, 15 specialized agencies of the United Nations (UN). Pu ...
(WIPO) recognizes that conflicts may exist between the respect for and implementation of current intellectual property systems and other human rights. In 2001 the UN Committee on Economic, Social and Cultural Rights issued a document called "Human rights and intellectual property" that argued that intellectual property tends to be governed by economic goals when it should be viewed primarily as a social product; in order to serve human well-being, intellectual property systems must respect and conform to human rights laws. According to the Committee, when systems fail to do so, they risk infringing upon the human right to food and health, and to cultural participation and scientific benefits. In 2004 the General Assembly of WIPO adopted ''The Geneva Declaration on the Future of the World Intellectual Property Organization'' which argues that WIPO should "focus more on the needs of developing countries, and to view IP as one of many tools for development—not as an end in itself". Ethical problems are most pertinent when socially valuable goods like life-saving medicines are given IP protection. While the application of IP rights can allow companies to charge higher than the marginal cost of production in order to recoup the costs of research and development, the price may exclude from the market anyone who cannot afford the cost of the product, in this case a life-saving drug. "An IPR driven regime is therefore not a regime that is conductive to the investment of R&D of products that are socially valuable to predominately poor populations". Libertarians have Libertarian perspectives on intellectual property, differing views on intellectual property.
Stephan Kinsella Norman Stephan Kinsella (; born 1965) is an American intellectual property Intellectual property (IP) is a category of property that includes intangible creations of the human intellect. There are many types of intellectual property, and some ...

Stephan Kinsella
, an anarcho-capitalist on the right-libertarian, right-wing of libertarianism, argues against intellectual property because allowing property rights in ideas and information creates artificial scarcity and infringes on the right to own tangible property. Kinsella uses the following scenario to argue this point:
[I]magine the time when men lived in caves. One bright guy—let's call him Galt-Magnon—decides to build a log cabin on an open field, near his crops. To be sure, this is a good idea, and others notice it. They naturally imitate Galt-Magnon, and they start building their own cabins. But the first man to invent a house, according to IP advocates, would have a right to prevent others from building houses on their own land, with their own logs, or to charge them a fee if they do build houses. It is plain that the innovator in these examples becomes a partial owner of the tangible property (e.g., land and logs) of others, due not to first occupation and use of that property (for it is already owned), but due to his coming up with an idea. Clearly, this rule flies in the face of the first-user homesteading rule, arbitrarily and groundlessly overriding the very homesteading rule that is at the foundation of all property rights.
Thomas Jefferson once said in a letter to Isaac McPherson on 13 August 1813:
If nature has made any one thing less susceptible than all others of exclusive property, it is the action of the thinking power called an idea, which an individual may exclusively possess as long as he keeps it to himself; but the moment it is divulged, it forces itself into the possession of every one, and the receiver cannot dispossess himself of it. Its peculiar character, too, is that no one possesses the less, because every other possesses the whole of it. He who receives an idea from me, receives instruction himself without lessening mine; as he who lights his candle, taper at mine, receives light without darkening me.
In 2005 the Royal Society of Arts launched the Adelphi Charter, aimed at creating an international policy statement to frame how governments should make balanced intellectual property law. Another aspect of current U.S. Intellectual Property legislation is its focus on individual and joint works; thus, copyright protection can only be obtained in 'original' works of authorship. Critics like Philip Bennet argue that this does not provide adequate protection against cultural appropriation of indigenous knowledge, for which a indigenous intellectual property, collective IP regime is needed. Intellectual property law has been criticized as not recognizing new forms of art such as the remix culture, whose participants often commit what technically constitutes violations of such laws, creation works such as anime music videos and others, or are otherwise subject to unnecessary burdens and limitations which prevent them from fully expressing themselves.


Objections to the expansion in nature and scope of intellectual property laws

Other criticism of intellectual property law concerns the expansion of intellectual property, both in duration and in scope. As scientific knowledge has expanded and allowed new industries to arise in fields such as biotechnology and nanotechnology, originators of technology have sought IP protection for the new technologies. Patents have been granted for living organisms, and in the United States, Plant breeders' rights, certain living organisms have been patentable for over a century. The increase in terms of protection is particularly seen in relation to copyright, which has recently been the subject of serial extensions Sonny Bono Copyright Term Extension Act, in the United States and Directive on harmonising the term of copyright protection, in Europe. With no need for registration or copyright notices, this is thought to have led to an increase in orphan works (copyrighted works for which the copyright owner cannot be contacted), a problem that has been noticed and addressed by governmental bodies around the world. Also with respect to copyright, the American film industry helped to change the social construct of intellectual property via its trade organization, the Motion Picture Association of America (MPAA). In amicus briefs in important cases, in lobbying before Congress, and in its statements to the public, the MPAA has advocated strong protection of intellectual property rights. In framing its presentations, the association has claimed that people are entitled to the property that is produced by their labor. Additionally Congress's awareness of the position of the United States as the world's largest producer of films has made it convenient to expand the conception of intellectual property. These doctrinal reforms have further strengthened the industry, lending the MPAA even more power and authority. The growth of the Internet, and particularly distributed search engines like Kazaa and Gnutella, have represented a challenge for copyright policy. The Recording Industry Association of America, in particular, has been on the front lines of the fight against copyright infringement, which the industry calls "piracy". The industry has had victories against some services, including a highly publicized case against the file-sharing company Napster, and some people have been prosecuted for sharing files in violation of copyright. The electronic age has seen an increase in the attempt to use software-based digital rights management tools to restrict the copying and use of digitally based works. Laws such as the Digital Millennium Copyright Act have been enacted that use criminal law to prevent any circumvention of software used to enforce digital rights management systems. Equivalent provisions, to prevent circumvention of copyright protection have existed in EU for some time, and are being expanded in, for example, Article 6 and 7 the Information Society Directive, Copyright Directive. Other examples are Article 7 of the Software Directive of 1991 (91/250/EEC), and the Conditional Access Directive of 1998 (98/84/EEC). This can hinder legal uses, affecting public domain works,
limitations and exceptions to copyright Limitations and exceptions to copyright are provisions, in local copyright law Copyright is a type of intellectual property that gives its owner the exclusive right to copy and distribute a creative work, usually for a limited time. The cr ...
, or uses allowed by the copyright holder. Some
copyleft Copyleft is the practice of granting the right to freely distribute and modify intellectual property Intellectual property (IP) is a category of property Property is a system of rights that gives people legal control of valuable things ...

copyleft
licenses, like the GNU GPL 3, are designed to counter this. Laws may permit circumvention under specific conditions, such as when it is necessary to achieve interoperability with the circumventor's program, or for accessibility reasons; however, distribution of circumvention tools or instructions may be illegal. In the context of trademarks, this expansion has been driven by international efforts to harmonise the definition of "trademark", as exemplified by the TRIPS Agreement, Agreement on Trade-Related Aspects of Intellectual Property Rights ratified in 1994, which formalized regulations for IP rights that had been handled by common law, or not at all, in member states. Pursuant to TRIPs, any
sign A sign is an object Object may refer to: General meanings * Object (philosophy), a thing, being, or concept ** Entity, something that is tangible and within the grasp of the senses ** Object (abstract), an object which does not exist at ...
which is "capable of distinguishing" the products or services of one business from the products or services of another business is capable of constituting a trademark.


Use in corporate tax avoidance

Intellectual property has become a core tool in corporate tax planning and tax avoidance.Intellectual property (IP) has become the leading tax-avoidance vehicle. IP is a key component of the leading multinational tax avoidance base erosion and profit shifting (BEPS) tools, which the OECD estimates costs $100–240 billion in lost annual tax revenues. In 2017–2018, both the U.S. and the EU Commission simultaneously decided to depart from the Base erosion and profit shifting (OECD project), OECD BEPS Project timetable, which was set up in 2013 to combat IP BEPS tax tools like the above, and launch their own anti-IP BEPS tax regimes: * U.S. Tax Cuts and Jobs Act of 2017, which has several anti-IP BEPS abuse tax regimes, including GILTI tax and the BEAT tax regimes. * EU Commission 2018 Digital Services Tax, which is less advanced than the U.S. TCJA, but does seek to override IP BEPS tools via a quasi-VAT. The departure of the U.S. and EU Commission from the OECD BEPS Project process, is attributed to frustrations with the rise in IP as a key BEPS tax tool, creating intangible assets, which are then turned into royalty payment BEPS schemes (double Irish), and/or capital allowance BEPS schemes (capital allowances for intangibles). In contrast, the OECD has spent years developing and advocating intellectual property as a legal and a GAAP accounting concept.


Gender gap in intellectual property

Women have historically been underrepresented in intellectual property rights. According to the World Intellectual Property Organization, women composed only 16.5% of patent holders even as recently as 2020. This disparity is the result of several factors including systemic bias, sexism and discrimination within the intellectual property space, underrepresentation within Science, technology, engineering, and mathematics, STEM, and barriers to access of necessary finance and knowledge in order to obtain intellectual property rights, among other reasons.


See also

* Defensive publication * Information policy * Freedom of information * Libertarian perspectives on intellectual property * New product development * Copyfraud


References


Citations


Sources

* Arai, Hisamitsu. "Intellectual Property Policies for the Twenty-First Century: The Japanese Experience in Wealth Creation", WIPO Publication Number 834 (E). 2000
wipo.int
* Bettig, R. V. (1996). Critical Perspectives on the History and Philosophy of Copyright. In R. V. Bettig, Copyrighting Culture: The Political Economy of Intellectual Property. (pp. 9–32). Boulder, CO: Westview Press. * Boldrin, Michele and David K. Levine. "Against Intellectual Monopoly", 2008
dkleving.com
* Hahn, Robert W., ''Intellectual Property Rights in Frontier Industries: Software and Biotechnology'', AEI Press, March 2005. * Branstetter, Lee, Raymond Fishman and C. Fritz Foley. "Do Stronger Intellectual Property Rights Increase International Technology Transfer? Empirical Evidence from US Firm-Level Data". NBER Working Paper 11516. July 2005
weblog.ipcentral.info
* Connell, Shaun. "Intellectual Ownership". October 2007
rebithofffreedom.org
* De George, Richard T. "14. Intellectual Property Rights." In ''The Oxford Handbook of Business Ethics'', by George G. Brenkert and Tom L. Beauchamp, 1:408–439. 1st ed. Oxford, England: Oxford University Press, n.d. * Farah, Paolo and Cima, Elena. "China's Participation in the World Trade Organization: Trade in Goods, Services, Intellectual Property Rights and Transparency Issues" in Aurelio Lopez-Tarruella Martinez (ed.), , Tirant lo Blanch, Valencia (Spain) 2010, pp. 85–121. . Available a
SSRN.com
* Farah, Paolo Davide, Tremolada Riccardo, Desirability of Commodification of Intangible Cultural Heritage: The Unsatisfying Role of IPRs, in TRANSNATIONAL DISPUTE MANAGEMENT, Special Issues "The New Frontiers of Cultural Law: Intangible Heritage Disputes", Volume 11, Issue 2, March 2014, Available a
SSRN.com
* Farah, Paolo Davide, Tremolada Riccardo, Intellectual Property Rights, Human Rights and Intangible Cultural Heritage, Journal of Intellectual Property Law, Issue 2, Part I, June 2014, , Giuffre, pp. 21–47. Available a
SSRN.com
* * Andrew Gowers, Gowers, Andrew. "Gowers Review of Intellectual Property". Her Majesty's Treasury, November 2006
hm-treasury.gov.uk
. * Greenhalgh, C. & Rogers M., (2010). ''Innovation, Intellectual Property, and Economic Growth.'' New Jersey: Princeton University Press. * Stephan Kinsella, Kinsella, Stephan. "Against Intellectual Property". ''Journal of Libertarian Studies'' 15.2 (Spring 2001): 1–53
mises.org
* Lai, Edwin. "The Economics of Intellectual Property Protection in the Global Economy". Princeton University. April 2001
dklevine.com
* Lee, Richmond K.
Scope and Interplay of IP Rights
' Accralaw offices. * Lawrence Lessig, Lessig, Lawrence. "Free Culture: How Big Media Uses Technology and the Law to Lock Down Culture and Control Creativity". New York: Penguin Press, 2004
free-culture.cc
. * Lindberg, Van. ''Intellectual Property and Open Source: A Practical Guide to Protecting Code''. O'Reilly Books, 2008. , * Maskus, Keith E. "Intellectual Property Rights and Economic Development". ''Case Western Reserve Journal of International Law'', Vol. 32, 471
journals/jil/32-3/maskusarticle.pdf law.case.edu
* Mazzone, Jason.
Copyfraud
. Brooklyn Law School, Legal Studies Paper No. 40. ''New York University Law Review'' 81 (2006): 1027. (Abstract.) * Miller, Arthur Raphael, and Michael H. Davis. ''Intellectual Property: Patents, Trademarks, and Copyright''. 3rd ed. New York: West/Wadsworth, 2000. . * Moore, Adam
"Intellectual Property"
The Stanford Encyclopedia of Philosophy (Summer 2011 Edition), Edward N. Zalta (ed.),
Morin, Jean-Frédéric, Paradigm Shift in the Global IP Regime: The Agency of Academics, Review of International Political Economy, vol. 21(2), 2014, pp. 275–309.
* Mossoff, A
'Rethinking the Development of Patents: An Intellectual History, 1550–1800,'
Hastings Law Journal, Vol. 52, p. 1255, 2001 * Rozanski, Felix. "Developing Countries and Pharmaceutical Intellectual Property Rights: Myths and Reality
stockholm-network.org
* Perelman, Michael. ''Steal This Idea: Intellectual Property and The Corporate Confiscation of Creativity''. Palgrave Macmillan, 2004. * Rand, Ayn. "Patents and Copyrights" in Ayn Rand, ed. 'Capitalism: The Unknown Ideal,' New York: New American Library, 1966, pp. 126–128 * Reisman, George. 'Capitalism: A Complete & Integrated Understanding of the Nature & Value of Human Economic Life,' Ottawa, Illinois: 1996, pp. 388–389 * Schechter, Roger E., and John R. Thomas. ''Intellectual Property: The Law of Copyrights, Patents and Trademarks''. New York: West/Wadsworth, 2003, . * Schneider, Patricia H. "International Trade, Economic Growth and Intellectual Property Rights: A Panel Data Study of Developed and Developing Countries". July 2004
mtholyoke.edu
* Shapiro, Robert and Nam Pham. "Economic Effects of Intellectual Property-Intensive Manufacturing in the United States". July 2007
the-value-of.ip.org
Retrieved 2008-04-09. * Spooner, Lysander. "The Law of Intellectual Property; or An Essay on the Right of Authors and Inventors to a Perpetual Property in their Ideas". Boston: Bela Marsh, 1855. * Siva Vaidhyanathan, Vaidhyanathan, Siva. ''The Anarchist in the Library: How the Clash Between Freedom and Control Is Hacking the Real World and Crashing the System''. New York: Basic Books, 2004. *


External links

* The European Audiovisual Observatory hosts articles o
copyright
legislature and covers media laws in thei
newsletter

Internet/Media Piracy: Statistics & Facts
Statista {{Authority control Intellectual property law Social information processing Economics of the arts and literature Intangible assets