Commercial Exploitation Of Intellectual Property Rights

Commercial Exploitation Of Intellectual Property Rights Nowadays, businesses need to be aware that the value of their enterprises is not based only on physical assets but also on intangible assets, and intellectual property (IP) is the key to protect the value of those assets. It has been estimated that in most technology companies, intangible assets form over 60% of their business value (Shirmon, 2006). The most recognised intellectual property protection is brand, while businesses protect their brands to enhance their value. But in the increasingly competitive environment, the success of many businesses is now based on innovation and new technology. There are four major types of IP including patent, copyright, trademark and trade secret. In general, IP is all about ideas skilfully expressed resulting in innovation and creative works (David, 2009). Innovation in technology is characterised by a process that produces a variety of goods that differ in quality and performances (Cornish, Llewelyin and Aplin, 2010). Ernfried (2003) describes the development of most technologies as an evolutionary rather than a revolutionary process (Suzanne, 2004). It can be identified as a process of creative destruction, in which new technology evolve on the ruins of their technological predecessors. In the essay, I will discuss how each IP could arise by using Psylock invention and in section two I will point out the Commercial Exploitation of IP and some criticism of Intellectual property rights (IPRs). Show me how you type, and I will tell you who you are, this is the concept of Psylock. The company Psylock develops and markets information technology solutions helping businesses to improve security on IT applications. The concept is based on keystroke biometrics technology and has been tested and certified by TÃÅ"V SÃÅ"D for functionality, data security and privacy (Psylock, 2010). Keystroke biometrics technology deals with dynamic characteristics of a persons keystroke behaviour. The system collects numerous individual characteristics such as left or right-handedness, typical typing error, the use of shift keys, dexterity, and assesses these on a person specific basis. In general, Psylock technology is a process of authorisation individuals based on their typing pattern. Applications of Psylock range from e-commerce and online banking to security for computer systems and are available for private users and enterprises (Psylock, 2010). Intellectual Property Application Patent The primary goal of the patent system is to stimulate innovation and commercialisation of technology advances. It provides economic incentives to inventors by granting them monopoly rights for a limited period, normally 20 years (David, 2008). Basically, invention patent is the most valuable and to competitors, potentially the most dangerous of all intellectual property, as it prevent all others from including any form of the invention in their products and services (Alexander, 2008). Any new machines used to manufacture Psylock products and the technology itself can be protectable with patents. A patent may be secured for the United Kingdom either through the British Office (UKIPO) or the European Patent Office (EPO), established under the European Patent Convention 1973 (EPC). Additionally patent can be register internationally through the World Intellectual Property Organisation (WIPO). An international registration could take around 41 months (WIPO, 2010). According to the Patent Act 1997, Psylock invention must meet four basic requirements in order to be granted. It must be novel. The present law requires a patented invention to be new (must not have been done before in a way that was available to the public) and may not have been disclosed in any way to the public. In other words, Psylock technology must not previously used or described in any single publication. It must involve an inventive step and non-obvious. In the EPC and the Patent Act 1997, an inventive step is considered to be present if the invention has something which is seen as an invention by an official examiner who is skilled in that subject area. It must be capable of industrial application. In other words, an invention can only be granted which can be made or used in some kind of industry, such as manufacturing, agriculture and any other commercial enterprise. In order to pass this proviso, Psylock technology also must offer some positive benefits to society. It must not fall within any of the categories of subject-matter. This category arose in 1998 when the Court of Appeal for the Federal Circuit clarified the status of business method patents (Cornish, Llewelyin and Aplin, 2010). Most company hires a registered patent attorney or agent to file their patent application. To file a provisional patent application (PPA), Psylock have to pay a filing fee including search fee and examination fee. Cost can run from 1,500 to 3,000 £ not including annual maintenance fee (APO, 2003). Copyright Copyright aims to protect artistic and literary works, such as books, photographs and phonograms. Different from patent, it gives right holders the exclusive right to copy, reproduce, distribute, perform or display their works; and copyright are not granted or issued by a federal agency, instead rights are created as soon as the work is produced (Garima and Avih, 2002). This right is much narrower than a patent, because copyright only protects expression. Copyright law also protects computer programs, user interface, and in some situation design features of manufactured products (David, 2009). Psylocks operating software uses to implement computer system with the technology and the instruction manual could be copyright protected. Under the law, protection of computer programs shall last at a minimum for fifty years, and shall include exclusive rights to rent the programs (Eland, 2008). Software protections affect openness of standards and interfaces, which could be important componen ts of Psylock competitive strategy in the IT industry. Courts have recognised a defence to a charge of copyright infringement since the 1840s, and its codified in the Copyright Act of 1976 (Eland, 2008). However, Psylock must still register their worked with the government before filing suit for infringement. If infringement occurs, Psylock can seek actual damages based on the higher of own lost of profits (Alexander, 2008). Trademarks Trademarks provide protection to the owner of the mark by ensuring the exclusive right to use it to indentify goods or services. It primarily deals with names, logo, slogan and colour, smell, virtually anything that is used to identify the source of the product distinguishes it from competitors (Garima and Avih, 2002). Trademarks are very useful in combination with inventions. For example, Psylocks logo and slogan could be trademarked. It will be a mark that clearly distinguishes Psylock products from those of his competitors, as it will be instantly recognisable by their customers. Basically, a trademark could provide brand-name recognition to products and a patent provide a tool to enforce a monopoly on its utilitarian function (Muzahidul, 2009). Since trademark right last indefinitely as long as it is been used in commerce, it can be a powerful tool of extending a monopoly, initially created by a patent (David, 2009). Trade secret Trade secret protects any confidential formula, or a piece of information which gives its holder a competitive advantage as long as it remains secret. It can include any formula, pattern, device, or compilation of information that is used in business (Suzanne, 2004). Different from patent, trade secret need not be essentially new, novel, or unique and have an unlimited life time (David, 2008). As a result, Psylock could keep source programs as a secret. Unlike all other forms of IP, trade secret allows Psylock to suppress knowledge. Nevertheless, the law encourages the sharing and sale of secrets (Eland, 2008). The court will look at several factors in determining whether information is a trade secret, including the secret holders effort to protect secrecy of the information, how widely the information is known within and outside the holders organisation and whether information provides a commercial, competitive advantage over others (David, 2008). For example, Psylock can share the secret with potential buyers under a nondisclosure agreement (Suzanne, 2004). In general, if any employees without Psylocks permission disclose or sell that trade secret to someone else, then Psylock is entitle to bring an action in court for misappropriation. Commercial Exploitation of IP Instead of commercialising the new invention by the company itself, Psylock may consider taking other ways of exploiting its Intellectual Property Rights (IPRs). IPRs may be assigned, whereby the ownership in the whole or part of the right is transferred, or licences may be granted. One option is to use IP as a security for loan. Ownership of the IP, including all the exclusive rights in the IP, can be transferred to another owner for a price (Catherine, 2009). For example, in 1996, Enid Blytons copyright was sold for  £13 Million. One potential problem with selling IPRs is that Psylock will lose the ability to control how the IP is used and developed and hence, Psylock will be unable to prevent the IP from being exploited in a manner prejudicial to the interests of its stakeholders (Donald, 2010). However, parties are free to impose conditions in assignments as to reassignment in the event of certain circumstances (Catherine, 2009). As Psylock is selling security software, he can also enter into a non-exlusive licensing agreement with other IT companies in order to commericalise the invention. Licences dont transfer ownership of the IPRs and can restrict commercialisation geographically (Darrel, 2005). In general, commercialising partners will pay a royalty, fee, or dividend in return for the right to use the IP. Commercialisation may assist Psylock economic growth and can generate profit, but risks could arise from the process of commercialisation and failure to pursue commercialisation. Criticism of IP It is debatable whether IP is necessary to encourage the production of inventions. Hettinger argues that this is built on a contradiction, namely that in order to promote the development of ideas, it is necessary to reduce peoples freedom of using them. (Stephan, 2001). Simons (2006) argues that there would be more innovation, if there were no patent law because more money for research and development would be available if it were not being spent on patents and lawsuits (Brain, 2008). It is possible that companies would have an even greater incentive to innovate if they couldnt rely on a twenty year monopoly. As mention before the idea behind patents is to give the inventor exclusive rights for a limited of period to make, use or sell the invention. But there are some cases in which patents have been used to suppress innovation (Stephanie, 2001). Some companies may take out a patent, or buy someone elses patent, in order to inhibit rivals from entering the market. For example, in 1875, the US company ATT collected patents in order to ensure its monopoly on telephones. The result is that the introduction of radio was retarded for some 20 years (Brain, 2008). Charlie (2008) argues many opponents of IPRs typically support only contractual arrangements to protect ideas and innovation. Assume for example, Psylock creates a Security manual for enterprises and sell it to Company A1 and A2, with a contractual condition that each Company is obligated not to reproduce or sell a copy of the manual to a third party. Under the contract law, any buyers become liable to Psylock, if he breaches these provisions. But the advocates of the contractual approach to IP are mistaken if they believe that private contract can be used to recreate the same type of protection afforded by modern IPRs (Stephan, 2001). Patent and copyright are good against all third parties, regardless of their consent to a contract. Steven(2008) argues a contract, by contrast, binds only parties to the contract not third parties as it is like private law between individuals (Stephan, 2001). Thus if company A relates to third parties the plot of the purchase manual, these third parti es are not bound, by the original contractual obligation between Psylock and company A (Stephan, 2001). Intellectual property rights are key elements needed for companies to gain competitive advantage in their marketplace. The benefits of IPRs are multifaceted as they can assist the business in its marketing, product development, raising financial resources and expanding the existing business through licensing and franchising. However, IPR protection is purely economic. IPR laws are generally inappropriate for defending the rights of local communities. There is a conflict between intangible works and free expression and exchange of ideas. For an enterprise like Psylock, it must have a system that can minimise the opportunity cost of this trade off. A system whereby the company is secured in the knowledge that all IP are protected without infringing on someone elses IPRs. Words Count 1999

Displaced traditional penal practice

To what extent has actuarial Justice displaced traditional penal practice In contemporary societies? The displacement of traditional methods of penal practice within contemporary societies in favor of the more risk orientated model of actuarial justice has proved a contentious issue amongst academic and political discourse and still remains an arena of vigorous debate.The discussion surrounding the progressive area of actuarial Justice may be seen to provide opposing arguments of equal weight and pertinence within modern structures of national criminal Justice systems throughout the globe; however the construction and application f this theoretical model of criminal Justice may differ amongst societies and have heterogeneous effects In combination with differential cultural, economic and Ideological conditions.The concept and practice of actuarial Justice will first be considered and the way it subsequently departs from more traditional procedures of penal practice, primarily analyzi ng western society, with a particular focus upon the British model of criminal Justice. The arguments suggesting that contemporary isosceles are Indeed transposing conventional offender) towards an acknowledgment of potential risky and dangerous populations as a whole ND the consequential strategies of management will subsequently be discussed.Case representations of the way in which differential executions of the same model of actuarial Justice may vary between societies and the disparate consequences they deliver will additionally be considered to highlight the divergent viewpoints and debates encompassing actuarial Justice.Drawing upon the various outcomes actuarial Justice may be argued to impose, with specific reference to the implementation of the indeterminate sentence for public protection (IPP), the debate accentuating the harms and inequalities which are promoted within reticular models of actuarial Justice and thus the argument that on the whole many traditional methods h ave not been displaced in favor of this new risk penology shall be assessed.The concept of actuarial Justice is the process whereby future threats and risks posed by offenders to society are calculated and as such play a dominant role in contributing to prevention techniques and policing which endeavourer to respond to such perceived risk accordingly. Actuarial Justice assumes that deviance within society is habitual and will remain as normalization, viewed as directly resultant of modern society.By this standard, it adopts the position of crime prevention through risk assessment, with a focus upon larger populations deemed dangerous to society opposed to the established approach of criminal Justice which places the individual and their specific offence as preeminent. It is through the depart of individualistic to generalization which has shaped the management techniques associated with actuarial Justice. It can be argued that this model of Justice is consequently unconcerned with t he reformation of offenders, instead seeks to filter particular groups through thaws within the Justice system dependent upon their risk profile.As such it is possible to deduce that actuarial Justice is primarily concerned with the existing and future threat posed upon society by offenders, making the paramount concern crime prevention and constraining lawbreaking activity contrary to providing a suitable response and the comprehension factors contributing to individual criminality. The debate and evidence promoting the implication that actuarial Justice is indeed displacing traditional penal methods is one which is widely and comprehensively presented within both academic and political discourse.Giddiness (1994) proffers the suggestion that societies are to a greater extent preoccupied with the notion of future risk, which may be seen as a by-product of the increased threat posed within the post modern world. Giddiness and Beck (date) refer to this focus upon sustained safety and prevention of future threat the ‘risk society, in which social allegiance to the nation state is dissolved marked by a lack of reverence in traditional institutions and an ascendancy of global forces. Reflexive modernization, described as the possibility of a creative (self-)destruction for an entire epoch: that of industrial society.The ‘subject' of this creative destruction is not the revolution, not the crisis, but the victory of Western modernization' (Beck, date, pop). Concept which undercuts the formations of, for example, class, gender and occupation within the social hierarchy, imposing self-confrontation with the consequences of risk society which may no longer be managed under the practices of industrial societies ‘institutionalized standards'. The paradigm presented by risk society therefore is the split from the protection f the nation state to one of constructing individuals as responsible for their own safety and risk management.The term ‘advanc ed liberal' is deployed by Rose (1996) to further emphasis this social shift, away from the explicit power of the nation state to one which governance is achieved ‘at arm's length', promoting greater independence and need for increased individual responsibilities. This sporadic governance of society is one which is still primarily concerned with the notion of risk and the probability of its subsequent effect, exposing the aggregate populations which are identified as presenting danger society.The focus shifted to an increased managerial approach to crime, aimed at reducing the rate of potential offences and eliminating the presence of ‘carcinogenic situations' (Garland, 1996). This is argued to have marked a divergence from rehabilitative responses targeted at individual offenders, to the generalizes management to particular sections of the population (Simon and Feely, 1992). No longer viewing offenders in a manner akin traditional criminal Justice responses, understandi ng their motives and experiences consequently in need of reformation and treatment but as universal group of potential harm.

Incarceration Of The United States - 3014 Words

The United States of America is phrased by many, as being â€Å"the land of the free.† Yet, the Unites States currently has the highest per capita prison population than any other country. The United States makes up only 5% of the world’s population and of that 5%, 25% of our overall nation’s population is currently incarcerated. A few factors that attribute to our high rates of incarceration include, sentencing laws: such as mandatory- minimum sentencing, lack of initial deterrence from crime, the war on drugs and the presence of recidivism. With our ever growing incarceration rates and the cost of housing individual offenders averaging $22,000 a criminal justice agenda. Recidivism refers to a person s relapse into criminal behavior resulting in rearrests, reconviction or return to prison with or without a new sentence during a three-year period following the prisoner s release (National Institute of Justice.) Many programs have been implemented in our prison s ystem to help reduce the recidivism rates. Programs such as educational/ vocational programming, reentry programs, substance abuse programs and subsidized employment are among many programs in which have been proven effective. Yet, due to costs deficits, the clock is ticking to find evidence based programs to invest in. So, the question currently being sought after is, which method is most effective in reducing recidivism rates? In the United States the justice system and prison system play various, but overallShow MoreRelatedThe Incarceration Of The United States1519 Words   |  7 Pagesin recent decades, violent crimes in the United States of America have been on a steady decline, however, the number of people in the United States under some form of correctional control is reaching towering heights and reaching record proportions. In the last thirty years, the incarceration rates in the United States has skyrocketed; the numbers roughly quadrupled from around five hundred thousand to more than 2 million people. (NAACP)In a speech on criminal justice at Columbia University, HillaryRead MoreThe Incarceration Of The United States980 Words   |  4 PagesHave you ever questioned about the justice in the United States? Stevenson states that, â€Å"Today we have the highest rate of incarceration in the world. The prison population has increased from 300,000 people in the early 1970s to 2.3 million people t oday† (15). United States is a modern country that doesn’t serve justice to her citizen? 2.3 million prisoners are just embarrassing the whole country. You might want to know how bad the justice system is and how the heck cause 2.3 million prisoners toRead MoreIncarceration Of The United States Essay2335 Words   |  10 PagesEven though the United States makes up just 5% of the world’s population, it houses 25% of the world’s prison population† (Walmsley, 2009). The United States prides itself in being a worldwide leader in just about every category; however, being the world leader in incarceration rights might not be something the United States would be proud about. Incarceration rates in the United States have grown at alarming rates in the past forty years specifically and it has resulted in major overcrowding issuesRead MoreThe Incarceration Of The United States979 Words   |  4 PagesHave you ever question about the justice in the United Sta tes? Stevenson states that, â€Å"Today we have the highest rate of incarceration in the world. The prison population has increased from 300,000 people in the early 1970s to 2.3 million people today† (15). Is United States is a modern country that doesn’t serve justice to her citizen? 2.3 million of prisoners are just embarrassing the whole country. You might want to know how bad the justice system is and how the heck cause 2.3 million prisonersRead MoreIncarceration Of The United States1113 Words   |  5 Pages The United States of America has more people incarcerated than any other country on earth, a whopping 2,220,300 adults are currently locked behind bars. We have 500,000 more citizens locked up than China, a country 5 times our population run by an authoritarian government. From 1990 - 2000 the prison population increased by 1,000,000. The main reason for incarceration as a punishment in this country is rehabilitation, or so we have been told. 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Most experts be lieve that many prisoners will learn more and better ways to commit crimes while theyRead MoreIncarceration Of The United States1745 Words   |  7 PagesThere are over two million people in the United States behind bars. Incarceration in the US is one of the main forms of punishment that leads nothing after for people when getting out. Every state, city, country, all have laws we citizens obey and go by to do best for our country, but what happens someone violates the law? According to Google’s definition of a felony, it says that felony means, â€Å"a crime, typically one involving violence, regarded as more serious than a misdemeanor, and usually punishableRead MoreIncarceration Of The United States1774 Words   |  8 PagesCurrently the United States holds the leading position for having the largest prison population in the world. Considering this, the cost of re-incarcerating offenders after their release remains notably high to U.S Americans and our society. Recidivi sm is known as the reimprisonment of an individual that is released from prison but then later returns for being convicted of a new crime. However, there is essential data that proves the drastic reduction in recidivism through academic and vocational

Gender Inequality And Racial Inequality Essay - 924 Words

For centuries and even today, gender inequality and racial prejudice continue to exist. Throughout time these concepts have overlapped and intertwined, each other creating complex interactions and a negative influence upon society. In the 1980s, Kimberle Williams Crenshaw through her article, named Mapping the Margins: Intersectionality, Identity Politics, and Violence Against Women of Color, introduced the term â€Å"Intersectionality.† Intersectionality, is the theory of how different types of discriminations interact thus, goes hand in hand with Judith Butler, in her article titled â€Å"Performative Acts and Gender Constitution: An Essay in Phenomenology and Feminist Theory† which expresses the term â€Å"gender acts† and helps decipher a probable cause of the many discriminations faced in contemporary society. Since both gender inequality and racial inequality share a common thread, I believe that what intersectionality represents will help understand Judith Butler’s view on gender classification and the dynamic it’s caused on our social and political formation. If intersectionality is a theoretical framework explaining the discrimination against humans. Butler would highlight, gender classification is the culprit by explaining that the term â€Å"gender,† like â€Å"race† are formed social concepts. When a human is born it is identified and then labeled. Its identity would be its sex referring to one’s biological organs male or female. Gender identity then describes the characteristics andShow MoreRelatedRacial Inequality And Gender Inequality889 Words   |  4 PagesIn today s world discrimination is a racial inequality when it come to different races in the United states. 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Racial gaps today are rampant in various sectors and thus pose a reflection of disproportionate representation of black families at the lower scale of income appendage (de Souza