Eap2
Research paper
Oct. 4. 2005
Written by Ryu. YongWoo
Abstract
When I was searching for articles about world businesses, I could find articles about intellectual property. Because nowadays I have heard the word “intellectual property” many times from media, the titles of these articles attracted my eyes. That is why I am writing about intellectual property. Intellectual property, often known as IP, means this; the ownership of one’s own creativity and innovation: inventions, literary and artistic works, and symbols, names, images, and designs used in commerce, in the same way that people can own physical property. Nowadays, these intellectual properties are debated a lot in many countries. Therefore in this article I will discuss intellectual property in each country’s point of view, and then think about the way of intellectual property and how to protect our intellectual property. Finally I will show you what should we do.
The Way of Intellectual Property
I want to discuss intellectual property, so called IP(copyright, patents, trademarks and so on). Intellectual property spreads out our daily life but we live without recognition. The music you listen, the movies you watch, and the information you search in web site are intellectual property (Liao, 2005).
In case of Korea there are many illegal usages about intellectual property. In music market many people do not buy the album of a singer any more. Instead of buying CD they download songs that they want to listen without paying money. In Korea there is a site to share mp3 file. As a result of these things, musicians can’t have incentive to make new songs and music market will be depressed naturally. In movie market there are similar situations. In street there are lots of copy DVD CDs, which are almost same qualities. But the price is less than half of original one. Many people also copy DVD movies using a P to P file sharing program. These things make movie industry degenerate. When people search information in Ethernet, most people use others’ information without payment. These are also illegal usage of intellectual property. Therefore nowadays many Koreans worried about these situations and start to pay attention to intellectual property.
In Japan they also worried about protecting intellectual property. According to patent attorney Yoichiro Komatsu (2005, Yomiuri Shimbun, The Daily Yomiuri July 27) in Japan there are not enough intellectual property lawyers. “Basically, there aren’t that many intellectual property lawyers who can handle patent-related cases because the cases themselves used to be far and a few between. You can’t handle such a case after only an hour’s study. The job requires quite a bit experience and willingness to learn the techniques needed. So, even if you’ve been told to master it quickly, you just can’t make it in time. That’s what I’m most concerned about.” Komatsu said.
Japanese have headaches about Chinese intellectual property rule. According to Tatsuhiko Sato, president of the Japan Patent Attorneys Association, the reason is that Chinese can register many foreign company brands if they are not well known to the Chinese public at that time. “A Chinese person registered a number of model names of Japanese cars, including Crown and Civic, as trademarks several years ago. The Chinese authorities can refuse trademark registration of a Japanese brand name if it is well known in China. But the model names of those cars are not yet well known to the Chinese public and the whole incident caused headaches to Japanese carmakers.”
In case of U.S.A, they are more progressive than others. According to US Fed News (2005, HT Media Ltd. All Rights Reserved US Fed News, April 14), “The United States has proposed establishing a Partnership Program within the World Intellectual Property Organization (WIPO) that would further strengthen the contribution that WIPO and balanced intellectual property (IP) protection play in promoting development.” Mr. Paul Salmon of International Relations at the U.S. Patent and Trade Office, who is heading the U.S. delegation to the IIM, said “Intellectual property plays a critical and positive role in development. It encourages creativity and innovation, investment, technology transfer, and economic growth.” He added, “the United States believes that development concerns have been – and ought to be – integral to WIPO’s mission.” Americans believe that their proposal will be supported by developing countries and developed countries. according to US Fed News (2005, HT Media Ltd. All Rights Reserved US Fed News, April 14), to verify their belief, they show three examples: The first one is “a developing country culture ministry with museum experts, charitable organization and a regional development bank to exploit rich cultural assets in developing and least developed countries.” Second, “a developing country copyright collecting society with NGO’s having expertise and a developed county collecting society to ensure compensation to authors, producers and performers in developing countries.” the third example is “a developing country IP office with a developed country IP office and development funding, for automation projects, patent information dissemination, and so forth – so that developing countries’ institutions can enhance their access to knowledge and technology transfer.” As I said above, The United States tries to make IP protective with a global eye.
In spite of efforts to protect intellectual property, there are fatal weaknesses in protecting, so this intellectual property can easily be stolen by foreign companies, and it happens a lot.
Then, to protect our intellectual property, what should we do? There are three main things we should do.
First, we should know what intellectual property is exactly. Knowing what intellectual property is means that we can recognize what we should protect, or not. If more people value intellectual property, they will pass better laws to protect it. By making government aware of its value, by forcing government to make laws, we can protect our intellectual property. Intellectual property is divided into two categories: Industrial property, which includes inventions (patents), trademarks, industrial designs, and geographic indications of source; and copyright, which includes literary and artistic works such as novels, poems and plays, films, musical works, artistic works such as drawings, paintings, photographs and sculptures, and architectural designs. Rights related to copyright include those of performing artists in their performances, producers of phonograms in their recordings, and those of broadcasters in their radio and television programs. We need to know what each type includes in detail.
The second thing we have to do is education. Most businesses don't have experts about intellectual property, especially among small companies. So they don’t have skill and don’t know how to protect their intellectual property. Therefore the government has to educate these businesses about how to protect their intellectual property. As a part of this effort, nowadays the U.S government is holding some conferences to teach them and in the world people hold “The Paris Convention for the Protection Of Intellectual Property” which requires its member countries to provide protection of intellectual property against unfair competition.
The third is the law. In order to protect our intellectual property against thieves from foreign countries, we need to make more strict laws. For example, we should levy huge fines to counterfeiters and copiers, or reduce tax to promote companies investing in protecting their intellectual property.
Intellectual property has become a world issue and many countries try to make strict law to protect their intellectual properties, because many plunderers have an eye on other countries’ intellectual property. If we stand as a spectator, finally we will lose all our intellectual property. Therefore this is the time to put it into practice to protect ours.
Bibliography
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US Fed News. (2005, Apr 14). U.S. proposes partnership program for world intellectual property organization: GEVEVA. Retrieved from Lexis Nexis, 2005, Sep 21.
Patrick Leahy, U.S. senator. (2005, May 25). Intellectual property piracy : Capitol hill hearing testimony. Retrieved from Lexis Nexis, 2005, Sep 23.
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Yomiuri. (2005, July 27). Planning national strategies : The Yomiuri Shimbun. Retrieved from Lexis Nexis, 2005, Sep 23.
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