The Justification of Intellectual Property Rights - Free Essay Example

Sample details Pages: 5 Words: 1554 Downloads: 3 Date added: 2017/06/26 Category Law Essay Type Analytical essay Did you like this example? Most of the recent theoretical writing, justifying intellectual property rights consists of struggles among and within four approaches. These theories are commonly referred as labor, utilitarian, personality and social planning theory. The labor theory that currently dominate the theoretical literature springs from the propositions that a person who labors upon resources that are either unowned or à ¢Ã¢â€š ¬Ã…“held in commonà ¢Ã¢â€š ¬Ã‚  has a natural property right to the fruits of his efforts and that the state has a duty to respect and enforce that natural right. Don’t waste time! Our writers will create an original "The Justification of Intellectual Property Rights" essay for you Create order These ideas, originating in the writings of John Locke, are widely thought to be especially applicable to the field of intellectual property, where the pertinent raw materials (facts and concepts) do seem in some sense to be à ¢Ã¢â€š ¬Ã…“held in commonà ¢Ã¢â€š ¬Ã‚  and where labor seems to contribute so importantly to the value of finished products.[1] The intuition is that the person who clears unowned land, cultivates crops, builds a house, or creates a new invention obtains property rights by engaging in these activities. The labor justification is mostly held in Europe and is included in the Berne Convention. In France it is specifically encoded in the so called droits moraux, or moral rights, that French authors have in addition to economic rights. The moral rights involve things such as the right to decide whether something is to be published, the right to withdraw it from the market, and the right of attribution. They cannot be sold by the author, and are perpetual. Th e interests that the labor justification centers on mostly are those of authors and publishers. This theory grounded on two basic propositions. According to the first proposition, the preservation of mankind is a fundamental law ofnature; it is Godà ¢Ã¢â€š ¬Ã¢â€ž ¢s will. From this, it is infers that man has a natural obligation to ensure his preservation[2]. This implies that man has a natural right to his preservation and to the means necessary for his preservation (e.g., meat and drink).[3] The second proposition is that God gave the earth à ¢Ã¢â€š ¬Ã…“to mankind in common.à ¢Ã¢â€š ¬Ã‚ [4] However, for man to enjoy the fruits of the earth, for those fruits to be at all beneficial to any particular man, there must to be a wayto appropriatethese fruits so that others can no longer claim them.[5] Locke the devotee of this philosophy, asserts that everyone has a property right over his own person and hence also over the labor of his body and the work of his hands.[6 ] This brings him to his famous explanation of the origin of property rights: the appropriation of a thing occurs by man applying his laborto it, by mixingthe thing with his labor. By means of his labor he adds something of his own to the thing and this way he excludes others from having a right to it. For such acquisition of property, the consent of the other à ¢Ã¢â€š ¬Ã…“commonersà ¢Ã¢â€š ¬Ã‚  is not required, Locke maintains.[7] Appropriation can never amount to robbery of others because everyone has the right to à ¢Ã¢â€š ¬Ã…“his shareà ¢Ã¢â€š ¬Ã‚  and no more than that. à ¢Ã¢â€š ¬Ã…“His shareà ¢Ã¢â€š ¬Ã‚  corresponds with what he can use. The consent of others could only be required if the rights or liberties of others are being violated and this cannot be the case if no one appropriates more than à ¢Ã¢â€š ¬Ã…“his share.à ¢Ã¢â€š ¬Ã‚ [8] However, Locke specifies two provisos that must be met in order for the appropriation to be justifiable. The first condition is the à ¢Ã¢â€š ¬Ã…“enough and as goodà ¢Ã¢â€š ¬Ã‚  condition: there must be à ¢Ã¢â€š ¬Ã…“enough, and as good left in common for others.à ¢Ã¢â€š ¬Ã‚ [9] Thus, things may only be appropriated if, afterwards, a sufficient number of the same or similar things remain (similar also in terms ofquality the remainder must be just as good). The second condition is the à ¢Ã¢â€š ¬Ã‹Å"non-wasteà ¢Ã¢â€š ¬Ã¢â€ž ¢ condition. Man is not allowed to appropriate more than he can use (even if he made the things in question himself).[10] Alternative interpretation of Lockes labor justification can be called the labor-desert or value-added theory. This position holds that when labor produces something of value to others, something beyond what morality requires the laborer to produce then the laborer deserves some benefit for it.[11] This understanding of property does not require an analysis of the idea of labor. Labor is not necessarily a process that produces value to others . It is counterintuitive to say labor exists only when others value the thing produced. It also would be counter to Lockes example of the individual laboring and appropriating goods for himself alone. The labor-desert theory asserts that labor often creates social value, and it is this production of social value that deserves reward, not the labor that produced it. On the other hand the problem with labor theory is: if one accepts that mixing labor with something occasions the coming into existence of a property right, the question remains as to the boundaries of that property right. How can one decide what exactly has become the property of the person who performed the labor? This question can also be put in terms ofthe valueof the result. A distinction should be made between the value attributed to the object of the labor and the value attributed to the labor itself (in other words, the addedvalue). Determining the proportionality of each of these values in respect of the total value of the object to which labor has been applied would seem to be very difficult.This weakens the justificatory strength of the labor theory of property. Another problem is that à ¢Ã¢â€š ¬Ã‹Å"intellectual objectsà ¢Ã¢â€š ¬Ã¢â€ž ¢ usually stem from ideas of predecessors. The labor of these predecessors also forms a component in the total value of the final result a component whose valuevaries case by case. This has important implications for the question who is entitled to the value of the final result. As Edwin Hettinger explains: A person who relies on human intellectual history and makes a small modification to produce something of great value should no more receive what the market will bear than should the last person needed to lift a car receive full credit for lifting it. If laboring gives the laborer the right to receive the market value of the resulting product, this market value should be shared by all those whose ideas contributed to the origin of the product . The fact that most of these contributors are no longer present to receive their fair share is not a reason to give the entire market value to the last contributor.[12] The question also arises as to whether Lockeà ¢Ã¢â€š ¬Ã¢â€ž ¢s two provisos apply in the context of intellectual, abstract, intangible objects (as opposed to tangible objects). As for the second proviso, man may only appropriate as much property as he can use, the question arises, e.g., whether waste can occur in the case of ideas. It seems unlikely that an idea as such could be à ¢Ã¢â€š ¬Ã‹Å"wasted,à ¢Ã¢â€š ¬Ã¢â€ž ¢ but the possibilities offered by an idea can be. If someone acquires an intellectual property right on an idea and does nothing with it, the à ¢Ã¢â€š ¬Ã‹Å"non-wasteà ¢Ã¢â€š ¬Ã¢â€ž ¢ provision would seem to be violated. If something is left unused by the appropriator, while others need it, the waste is all the greater. For example, taking into consideration the patent system (intellectual prop erty right). One aspect of this system that can certainly induce waste is that, in its present form, it does not oblige patent holders to à ¢Ã¢â€š ¬Ã‹Å"workà ¢Ã¢â€š ¬Ã¢â€ž ¢ (exploit) their invention. The history of the patent system shows that this has not always been the case in industrialized countries, and in most developing countries, a à ¢Ã¢â€š ¬Ã‹Å"working requirementà ¢Ã¢â€š ¬Ã¢â€ž ¢ for patented inventions has existed until recently (or continues to exist).Even if a patent is exploited, waste can occur. For the result of granting a patent is that the patentee can put restrictions on the use of the invention. Since a characteristic feature of the objects of intellectual property rights is their so-called à ¢Ã¢â€š ¬Ã‹Å"non-exclusiveà ¢Ã¢â€š ¬Ã¢â€ž ¢ nature (the fact that they can be used by many people simultaneously), limiting their use artificially can indeed amount to waste. The extent of the waste would seem to depend on the extent to which others need the invent ion in question. In short, one can justify propertizing ideas under Lockes approach with three propositions: first, that the production of ideas requires a persons labor; second, that these ideas are appropriated from a common which is not significantly devalued by the ideas removal; and third, that ideas can be made property without breaching the non-waste condition. Many people implicitly accept these propositions. Indeed, the Lockean explanation of intellectual property has immediate, intuitive appeal: it seems as though people do work to produce ideas and that the value of these ideas especially since there is no physical component depends solely upon the individuals mental à ¢Ã¢â€š ¬Ã…“work. Bibliography. Becker, The Moral Basis of Property Rights Hughes J, The Philosophy of Intellectual Property (Georgetown Law Journal 1988) Guardian. Available [Online] at: https://www.law.harvard.edu/faculty/tfisher/iptheory.html#_ftn5 [Accessed: 1/11/2014]. Hettinger C, Jus tifying Intellectual Property Locke, II, V, 25, 26, 27, 28, 31,36,37,38, 46 [1] , Justin Hughes, The Philosophy of Intellectual Property, Georgetown Law Journal, 77 (1988): 287, at 299-330 [2] Locke, II, V, 25. [3] Ibid. [4] Ibid. [5] Locke, II, V, 26 [6] Locke, II, V, 27 [7] Locke, II, V, 28. [8] Locke, II, V, 36 and II, V, 46 [9] Locke, II, V, 27 [10] Locke, II, V, 31. See also Locke, II, V, 37 and II, V, 38 [11] Becker, The Moral Basis of Property Rights, IN PROPERTY, NOMOS XXII, supra note 4, at 187, 193. [12] Erwin C. Hettinger, à ¢Ã¢â€š ¬Ã…“Justifying Intellectual Property,à ¢Ã¢â€š ¬Ã‚  Philosophy Public Affairs 18 (1989)1: 38.

The Wave Of The Civil War Essay - 1322 Words

1. Research background: The waves of refugee from Syria to Europe begun after the outbreak Civil War in Syria. On March of 2011, protests appeared in the southern city of Deraa after police arrested and tortured some teenagers who illegally painted revolutionary slogans on a school wall. But the peaceful protests rapidly grew into rebel fighting against the government after the government s violent crackdown. In July, 2011, a group of defected Syrian officers founded the Free Syrian Army to gather Syrian civilians as opposition. Tension between extremist groups, and ethnic groups made the domestic conflict even more complicated. The rampage rose up and descended the country situation into civil war as rebel groups were created to fight against the regime forces for taking over some areas.(Mercy Corps, 2015) Until February 2015, according to United Nations report, the total death toll has exceed 210,000, and about half of them are innocent people. (Suleiman, 2015) Moreover, the Syrian civil war had led to the displacement of more than 7.6 million Syrian people. In October, Russia started launching the airstrikes as an actions of erasing ISIS in Syria. However, the airstrike also made the refuge even worse and the distribution of aid more difficult. (Mercy Corps, 2015) 2. Research Statement: This research will investigate about the aftermath of 2011 Syrian civil war: The implication of European Union government attitudes (policies) toward Syrian refugee crisis in order toShow MoreRelatedAfrican American And The Civil War876 Words   |  4 PagesIn 1865, when the civil war ended in America and slavery was abolished, the African American population in the South faced many challenges related to their new found freedom. Following the post-Civil War Reconstruction period, white supremacy resurfaced in the South (AE Television, 2015). Beginning in the early 1900s through 1970 there was a mass exodus of African American s from South to North America. Although some African American s were known to have moved from the South as early as 1850Read MoreThe Feminist Movement1137 Words   |  5 Pagesthis day. The Movement provides the new perspectives and protects the rights of women in social and political aspects. Structured Inequality/Rationale: The Feminist Movement was divided into three waves, first characterized by Marsha Lear in the New York Times Magazine in 1968 (Henry). The First Wave of Feminist Movement occurred as early as the late 19th and early 20th century. This period was known for the rapid territorial and economic growth, landmarks in political developments, and especiallyRead MoreAfrican Americans During The Civil War1170 Words   |  5 PagesIn 1865, when the civil war ended in America and slavery was abolished, the African American population in the South faced many challenges related to their new found freedom. Following the post-Civil War Reconstruction period, white supremacy resurfaced in the South (AE Television, 2015). Beginning in the early 1900s through 1970 there was a mass exodus of African American s from the South to the North in America. Although some African American s were known to have moved from the South as earlyRead MoreFeminism : Women s Role1541 Words   |  7 Pageswide range of perspectives on social, cultural, economic, and political phenomena. The Feminist Movement consists of three waves took place in the late 19th and early 20th centuries, emerging out of an atmosphere of urban industrialism and liberal, socialist, and politics. The goal of the first wave was to open up more opportunities for women, with a focus on suffrage. The wave formally began at the Seneca Falls Convention in 1848 when 300 men and women rallied to the cause of equality for women. TheRead MoreThe History of Feminism Essay750 Words   |  3 Pagesthe events in the 18th century, the feminist movement didn’t form into an identifiable and self-conscious movement until the late 19th century (Rampton). Currently, there are three â€Å"waves† of feminism. The first wave is the most familiar and took place in the late 19th and early 20th centuries. The goal of the first wave was to open up opportunities for women with its primary focus on suffrage. In its early stages, feminism was interrelated with temperance and abolitionist movements while giving aRead MoreWalt Whitman and Drumtaps Essays870 Words   |  4 PagesWalt Whitman and Drumtaps War is hell; there is no other way to put it. No matter how many times bards romanticize war and battle, there is that ultimate, inherent ugliness involved in the business of killing. There is no honor or heroism in dying for your country, you just die, it is a great tragedy and there is nothing you can do about it. Mortality is always present on both sides fighting the battle; there will continuously be casualties. Suffering, misery and destitution are constantRead More Matthew Arnolds Dover Beach Essay927 Words   |  4 Pagesunderneath the obvious. Not only is Matthew Arnolds 1867 poem, Dover Beach, a unique and beautiful literary work describing a lovers longing for trust and faith, but on a figurative plain it also stands as a metaphor for that constant evil called war. Literally, Dover Beach flows through four irregularly rhymed sections that increase in emotional impact and describe a lovers need for faithfulness in an otherwise dark and unfaithful world. In this traditional sense, the narrator of DoverRead MoreThe Second Wave Of Civil Rights Movement1080 Words   |  5 PagesThe Second Wave Feminism lasted from early 1960’s to late 1980’s. In addition, a lot of issues took place after the nineteenth Amendment. The women’s activism seemed to lose its devotion in between 1920 to 1960 because of the Word War- II. During this period, women were employed as workers for making war equipments and warplanes and also as nurses. They were influenced by a white woman named Rosie, for the idea she created about women taking up masculine jobs and performing strenuous labor. SoonRead MoreSlavery and the American Civil War Essay1226 Words   |  5 PagesSlavery â€Å"War is at best barbarism†¦.Its glory is all moonshine†¦.War is hell. (Union General William Tecumseh Sherman) A wise quote by an even wiser man, The Civil War was agreed a â€Å"hell†. For four years (1862-1865) a war was fought between both Northern Union states and Southern Confederate states over the matter of slavery. During this time period many changes were happening in the United States; the election of an anti-slavery president, Southern states trying to secede to become their own independentRead MoreIn Regards To The Daca And Dapa Programs, President Obama1517 Words   |  7 PagesAct of 1948, which was something to respond to the influx of migrants looking for stability and a home in aftermath of the second world war. This Act planned to admit 200,000 displaced people, 2,000 Czech refugees, and 3,000 orphaned children. Something often ignored in accounts of this law is that according to historian Tara Zahra, the second world war was a â€Å"war aga inst children† due to the large number of young people that were separated from their parents due to deportation, ethnic cleansing,

Feasibility Analysis Free Essays

Liability insurance, and especially mall-practice insurance, would be essential to my business. * Neurology is a continuously expanding profession and this trend will most likely continue upward for some time. * Neurological disorders tend to affect the elderly most frequently. We will write a custom essay sample on Feasibility Analysis or any similar topic only for you Order Now Taking this into consideration (along with the retirement of the baby-boomer generation) the demographics of my customers will most likely consist of elderly patients. The Industry Market * The healthcare industry will almost definitely continue to expand nation-wide. * My market practice is nearly unlimited. I can increase the size of my business by taking on partners, associates, etc. * There would not be much competition to begin with, and If were to be the best, then there would be close to none. * My customer pool would consist of anyone with a neurological disorder. Again, this mostly consists of the elderly. * My potential market penetration is high considering that many communities have a shortage of neurologists. Financial Projections * My pricing would mainly be driven by insurance companies. The likelihood of making a profit is very high considering that most neurologists make between a year. * I am unable to come up with a sales revenue forecast at tans time Owe to tense projections Dealing Tar In ten Utter; out one would need to owe created projecting from the time of startup, to three years down the road. A attention cost forecast, would depend on the cost of labor, fixed costs, malpractice insurance, other variable costs, etc. A specific number is unattainable at this time. * The gross profit of the average neurologist is roughly 15%; the net profit is typically about 7 h So the gross-net profit margin is about half. * The fixed operating expenses would consist of property tax, utilities, equipment, etc. The variable costs would be limi ted, most likely consisting of hiring additional staff upon expansion. * Taxes would most likely be high, but so would profits. Hence my income would be gig regardless of taxes. Future Action Plan * The start-up capital needed typically runs around $500,000. * The sources of my start-up capital would most likely consist of loans (from the bank and from my father. ) * A strategic plan must be written specifying any steps that are to be taken but, again, cannot be written at this early a stage. * A business plan must also be written, detailing my practice head-to-toe. This will also be written at a later stage. * On a side note, a business consultant is most likely necessary to insure the success and continued success of my practice. How to cite Feasibility Analysis, Papers

The Benefits of Reading free essay sample

Any good writer knows about the impact that reading can have on his/her work, as well as that in order to be able to fully understand and digest a piece of literature, one should follow the basic guidelines of active reading, the type of reading where a reader subjects a writing to a critical analyze by using different types of reading techniques (Stubbs, Barnet, and Cain, 2). However, every reader, just like every writer, has his/her own style of reading that is composed of or is guided by a combination of different standard techniques set by active reading. Navigated by the guidelines of active reading, a reader can experience a book as a whole, without missing any important parts or ideas, while at the same time have an opportunity to establish a writer’s persona and subject his/her work to critical thinking. In order to explore further on the different reading styles I had an opportunity to interview a classmate, Valeriya Pupchenko, and compare her approach to reading with mine. We will write a custom essay sample on The Benefits of Reading or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page It was clear from the beginning that we enjoy similar types of literature for our leisure reading, however our tactic of picking a book and the pre reading actions have their differences. In order to pick an appropriate book for her purposes Valeriya prefers to rely on the title of the book and the authors note (Pupchenko, Valeriya). The title may provide a clue by using different methods presenting a book (Stubbs, Barnet, and Cain, 3). A title can have the ability to attract a reader with intriguing or appealing sound, or it can simply attract a reader by presenting the contents of the book in just a few words. Although a title does not always gets to the point of the book, a reader can often rely on the title of a book to get a sense of what he/she is getting. Another method of getting to know more about a piece of literature is by reading the author’s note which often summarizes the context of the book. the author’s note also usually has the information about the writer and the book’s origins and its purpose. From the author’s note a reader can establish the writer’s persona and the style of writing. Author’s note is one of Valeriya’s techniques of reading a book and even though she sometimes finds that it gives away the plot of the story, she thinks that this is a helpful way of looking up a book (Pupchenko, Valeriya). I, on the other hand find the author’s note too vague to determine whether or not the book has the desired topic. I have also noticed that compared to the book itself, the author’s note tends to be written in a different style of writing. It is because of these reasons I prefer to read the book first and if I find the book interesting I come back to the author’s note in order to find out more about the writer. When doing a research Valeriya finds it very useful to annotate and underline the key phrases (Pupchenko, Valeriya). This technique helps her to have a quick overview of the read material without missing any important details. I, also, find this technique convenient and helpful, although I prefer taking notes to annotating because it allows me to keep things organized and in one specific place rather than spread all over the place. however my notes are not a summary of the text, but individual phrases that I find important. Summarizing is a useful technique that neither I nor Valeriya like to use, for the simple reason of time consumption. Index is probably the most convenient part of the book when searching for a specific topic. Skimming is another skill that saves time and helps to focus on the main ideas, even though it puts a reader at risk of missing on important ideas. These are the two techniques that I and Valeriya both find essential to a good research. in order to reduce the risk of missing information it is useful to pay attention to the thesis, headings, key phrases, first sentences of the paragraph, and the conclusion (Stubbs, Barnet, and Cain, 5). Active reading also includes other helpful techniques, such as previewing, engaging in critical thinking, and finding out about the author and the place of publication (Stubbs, Barnet, and Cain, 2-17). While previewing a piece of literature a reader should pay attention to the genre of the book and the original place of publication because it will provide a reader with the clues to what was the targeted audience. Subjecting a work to critical thinking provokes the reader to pay a close attention to details. Different people have different habits and methods they use when they read a iece of work, however the origins of these techniques can be traced to come from active reading. When a reader follows the basic approaches of previewing, skimming, and critical thinking, the process of reading becomes more comprehensive and beneficial. Active reading doesn’t only assists a reader in analyzing a piece of literature in a way that shows the full and complete picture of the book, but it also helps a reader to become also a better writer because a person can approach analytically to his/her own work just as if it was someone else’s.