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Lecture

INTELLECTUAL PROPERTY

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Department
Philosophy
Course
PHIL 215
Professor
Brian Orend
Semester
Winter

Description
Tuesday, February 28, 2012 INTELLECTUAL PROPERTY Property: is the right to ownership or to stuff What’s intellectual? Its materials vs. ideas (patents, copyright, trademark, music etc) Big question to intellectual property: who has rights to ideas? - Creativity - Music - Books - TV - Internet - Film - Design (architecture blueprints) Developed World - We are losing out manufacturing base to China, India etc… - Non-manufactured is moving to the manufacturing world o Services 70% o Goods 20% o Primary Sector (agriculture) 10% Structure Intellectual Property Law to the inventor  why? 1) Individual reason: inventors deserve to have ownership 2) Social reason: eliciting further inventions and there is the incentive to have ownership - Some people believe that this thought is a mistake - That new knowledge should be socially owned - Argument: Individual Reason o To what extent should they have ownership to a certain “invention” o Inventors depend heavily on social inputs (banks funding money, pre-existing knowledge) so society should be entitled to some output (money) - Social Reason o Are there negative consequences to the current system? o Two examples: 1) alternative energy 2) pharmaceuticals o 1) Oil and gas companies own all of the alternative energy  Unintended, perverse consequence of I.P system  Oil and gas buy ownership the inventor’s invention for a sum of money  Alternative energy can be used for future generations, but because the oil and gas companies own the patents, they do nothing with the energy o 2) Patents give companies a 20 year monopoly of exclusive ownership  Pharmacy companies can set whatever price they want for a certain drug  What if it is a crucial drug? (HIV/AIDS) raises international concern  The fact that the drug has been patented, people in Africa can’t get access to the drug for HIV/AIDS because its too expensive  BUT pharmaceutical companies are scared to even put it into the African market because they don’t have IP laws, so other people can go into Africa and buy the drug and recreate a new product Tuesday, February 28, 2012 5 KINDS OF INTELLECTUAL PROPERTY PROTECTION 1) Copyright: right to copy and sell something - Originality is required (must not have existed before) - Must inhere in any original creation; therefore, you must not register it - There are advantages to registering it – issues of people claiming the copyright (The Social Network) - Copyright is federal issue - C.I.P.O: Ottawa/I.P.O: Washington D.C. - If you don’t want to register your invention, send it to yourself in the mail (because it gets stamped by the federal government) - Cannot copyright general ideas only the exact expression of those ideas - Right to copy and sell - It lasts (in Canada): 50 years post-mortem of the author - In USA and EU: 70 years post-mortem of the author - Generally copyrights are not renewable, but this is changing thanks to Hollywood o Disney (corporation) creating a product  they can’t di
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