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Essay on intellectual property rights

The individual chapters of Creativity without Law demonstrate the various way people can assert alternative understandings of creativity, property, and economic participation. The first set of chapters compare laws and practices that relate to food and medicine. These chapters take readers to settings as varied as French kitchens and medical laboratories.

Both the medical and hospitality industries have traditionally avoided claiming ownership of techniques and practices and instead promoted the sharing of knowledge.

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However, since the late s there has been a proliferation of patents on genetic materials and medical procedures while entrepreneurs in the food industry have likewise sought legal control of recipes, flavors, and dishes. In these communities copying a recognizable design is frowned upon, and disputes are negotiated through non-legal mechanisms.

The Nigerian film industry, for example, grapples with piracy much like its Hollywood cousin, but rather than seeking stronger protection from the law, producers circumvent weak IP enforcement with prolific cultural production. Contributors in this section reiterate a central theme found throughout Creativity without Law , that even without the guidance of IP, creative industries can still produce, innovate, and thrive. Negative spaces are industries that could technically be governed by IP law, but instead occupy an economic and cultural space outside of IP law.

These three works, ultimately, help us ask a common set of questions relating to subversion of IP regimes: How do individuals and communities subvert dominant legal codes related to intellectual property? What is an authentic or legitimate form of expression in a neoliberal and post-modern world? What are the roles that emerge through IP subversion Artists, plagiarists, satirists, textile factory workers, etc.

And, how can we map the social, political, and legal architectures of unique creative communities beyond or in the absence of IP law? There are some tonal differences between the works that reflect the diversity of perspectives found in the study of IP subversion. Whereas Culture Jamming maintains a scholarship of hope , Creativity without Law appears more pragmatic, and Regulating Style appears more pessimistic about the influence of IP in marginalized communities. Regulating Style is by far the easiest to read because it offers a concise contextual and theoretical narrative grounded in a single-authored case study, rather than an edited volume with multiple contributors.

Thomas rarely strays off her theoretical course and, by concentrating on the specific actions and struggles of marginalized creators, she demonstrates the intricate and uphill battle waged by fashion pirates to exercise their own creativity. For both the edited volumes, the various authors ground their arguments in case studies from popular culture and well-known social phenomena.


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Culture Jamming , however, seems ethnographically thin, with its primary focus on the products produced and circulated by culture jammers. Do they study negative spaces in hopes of dissecting problematic economic systems in their more immediate political and social contexts? Finally, these works suggest that the future of IP subversion and its study lies at the intersection of communities of practice, with their own norms and understandings, and the codes and practices of internet circulation. Recent anthropological scholarship suggests that information technology is becoming the preeminent focus of IP studies Dent Scholars have noted how the internet provides alternatives to the modern state Kelty , and indeed the Internet has created new forms of censorship Mazzarella and criminality Williams ; Nordstrom and Carlson However, popular circulation of images or copies continues to influence the understanding and indeed the value of even very tangible creative products, as the story of Wallace with which I opened this essay shows.

The three books reviewed here indicate some possibilities for further conversations that might directly connect IP with digital circulation and its modes. We might study drink recipes shared on corporate websites and the uses people make of them, or the use of social media platforms to coordinate a global anarchist movement. Particularly in our current political moment of fake news, government-sponsored trolls, and techno-anarchists, a discussion about subverting IP law must consider how it is not just law but also technology that will shape our future ideas about authenticity and ownership alike.

Coombe, Rosemary J. The cultural life of intellectual properties: Authorship, appropriation, and the law.

Intellectual Property Rights

Durham: Duke University Press. Dent, Alexander S. Dery, Mark. Culture jamming: Hacking, slashing, and sniping in the empire of signs. Westfield, NJ: Open Media. Eco, Umberto. Semiotics and the Philosophy of Language. Bloomington: Indiana University Press. Goldstein, Daniel M.

Harold, Christine. OurSpace: Resisting the corporate control of culture.

Need for Intellectual Property Rights (IPR)

Minneapolis: University of Minnesota Press. Horkheimer, Max, and Theodor W. New York: Continuum.


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Lessig, Lawrence. New York: Penguin Books. Mazzarella, William. Censorium: Cinema and the open edge of mass publicity.

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Princeton: Princeton University Press. Williams, Matthew. All kinds of high technology products in the market today are born out of great ideas of individuals. Invention, research, design these are the pillars over which new discoveries are being made today. Intellectual property rights have added a lot of intrinsic value to all kinds of products. For example in the clothes industry a particular brand name is nothing but intellectual property, a brand name is an intangible asset. But clothes sell because it has a brand name, so here we see and understand that how intellectual property adds value to products.

Creators of various products and services and people who have various ideas have the right to protect their ideas and similarly they have the right to share their ideas with others too. The importance of intellectual property and their rights varies in different parts of the world. Various law enforcement agencies around the world give different levels of importance to intellectual property. Intellectual property now a day has become more and more important and almost all the countries who depend on international trade are taking some interest in intellectual property and its related rights.

It has been found by a study that intellectual property rights are a reason of stress and tension amongst countries who indulge in international trade. It becomes difficult for inter-country trade to take place smoothly if there are a lot of intellectual property rights which are present. Moreover the indigenous industrialists and other people who have innovated are harmed if their intellectual property rights are completely abolished.

Therefore it is a must for the countries to strike a balance between the two. In the new century common intellectual property rights are being formed by various countries in order to get over hindrances and problems of trade. This is seen as a positive step by all and it is almost assured that this step will benefit the international step positively. This agreement defines basically the minimum level of intellectual property protection that a government can give to its citizens and it also defines the maximum level of intellectual property protection which may be provided by a member country.

Society will benefit if intellectual property rights encourage protection up to only a limit and such rights are given in special cases only. Intellectual property: Protection and Enforcement. Issues regarding intellectual property are growing by the day. There are a lot of talks going on related to intellectual property rights these days. Most of the times, these issues are given more attention. The aspect of protecting intellectual property has become more important these days than it should be.

It is demanding far too much attention that it deserves in reality. We need to understand the basics and look into the fact that why in the first place was intellectual property rights formed. We come at a conclusion that protecting intellectual property rights of individuals and groups and companies is a basic social requirement.

It is a need of any society to have its intellectual property rights protected more than anything else. Protecting intellectual property plays an important role in the overall development of the nation on the grounds of economy, society etc. Copyrights are one of the most important forms of intellectual property rights. Copyrights are nothing but an assurance to people that they are allowed to reap the fruits of their hard work and they will get the credit that is due to them for inventing something new.

As we know that social intellectual property rights also play in intrinsic part in the social development of any society. Copyrights in particular are used more while protecting social intellectual property. Artists and creators protect their intellectual property with the help of copyrights. Now a daze a new concept of piracy has developed in the modern world. Piracy is the unofficial use of copyrighted material.

Movies and songs around the world are being pirated on a very wide scale. Songs and movies are copyrights of their producers and they have the right to earn money whenever someone is using them, due to piracy the work of art and hard work is being distributed around the world without the producers getting any money from it.

Intellectual Property Rights - LEGAL ASPECTS OF BUSINESS - Top 10 Points

This is the reason why downloading pirated movies and songs have become illegal in countries like United States of America, United Kingdom, and Australia etc. Cyber crimes are one of the main threats to intellectual property. The most common source of damaging intellectual property in the 21st century is through the internet.

But it must be noted here that most of the countries in the world still have no laws against cyber crimes and now laws to protect intellectual property from being misused through the internet.