Home > Copyright Trademark > Intellectual Property and Trademarks: A Moving Target

Intellectual Property and Trademarks: A Moving Target

March 15th, 2012

Living in times of such utter dependence on technologies has provided all sorts of possible opportunities as properly as pitfalls. Info of all kinds of varieties are readily obtainable for consumption, forcing upon us a new age of redefining our existing definitions and boundaries of plagiarism.

1 attempted remedy of this has been to produce clear-cut standards of what truly can be deemed your own property when speaking of intangibles. This is termed “intellectual property” and normally refers to and includes any personal creations of the mind. Inside this broader category can be narrowed down into items such as inventions, literature works, art, names, copyrights, trademarks, patents, pictures, and so on.

Sponsored Links

Affiliate Banner

Although the notion of intellectual property is far from a new 1 (dating as far back as 1867), there has been an obvious and intuitive boost in the severity of requiring these laws in place. The present area of assets that the average large corporation boasts is accounted for by two-thirds of their value in intangible assets.

Unfortunately there have been some criticisms relating to the subject of intellectual property as well. The most pungent of these criticisms generally respond to the concept that it basically creates a monopoly for the holder of the property title. This presents several troubles for numerous areas of growth. For starters, a monopoly will only benefit a single entity, thus eliminating the vast monetary rewards and growth prospective the patent or trademark could have offered.

An additional far more abstract negative view on the topic is that it hinders creative growth. Giving somebody personal hold over an entire composition of “personal thought” leads to the obvious question of just how far that extends to. Recently there was a book published titled “60 Years Later: Coming Via the Rye” that was written by the Swedish humorist Fredrik Colting. The book was released and promptly met with a lawsuit by the author of the 1951 classic “Catcher in the Rye”, J.D. Salinger. Colting’s novel is undoubtedly based on Salinger’s classic story, but at what point is this really plagiarism and not just literary creativity? For centuries authors have managed to endorse their works with injections of the plots or characters of Shakespeare just as the amount of musicians whose works can be traced back to Bach, Beethoven, and Mozart grows by the day. At what point are we no longer protecting our intellectual investments but hindering our creative growth?

In the coming years we can surely expect for these lines to be thinned out as far more and much more circumstances arise offering debate to the argument. As for now, the idea of intellectual property is far from straight forward.

Categories: Copyright Trademark Tags: