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Intellectual Property Rights: Article Summary
The article details the various forms of intellectual property protection, the disadvantages of intellectual property protections, and why it is still beneficial to have such protections as a means to guard the ownership and use of other peoples inventions. The main forms of intellectual property protection are trade secrets, copyrights, trademarks, patents, and knowhow agreements. Different forms of intellectual property protection work in different ways. For instance, trade secrets involve withholding information from the public with the aim of gaining a technical edge over the competition. On the other hand, patents grant monopoly rights to an inventor by preventing others from selling, using, or making a technology for a specified time period.
Critics of intellectual property protection hold that such protections slow down the use or advancement of technologies as developers have to obtain legal permission to use or adapt protected technologies. However, intellectual property protections have some crucial benefits. They ensure that inventors can make returns on their investments, particularly for inventions around biotechnology, science, and other arenas that have to do with products meant for human consumption, where developers assume extremely high liability risks. This encourages inventors to keep developing new ideas and discoveries for public benefit. The passage of the Bayh-Dole Act in 1980 opened avenues for researchers to protect ideas advanced in their research works through patents, options, and licenses that compel universities to offer some revenue-sharing incentive before researchers can disclose the same (Patino, 2009).
Based on the Bayh-Dole Act, a researcher can obtain a patent for novel ideas in their research work. The Patent Law 101 stipulates that one...…improving the lives of cancer patients. The non-governmental organization is seeking to develop an education and cash transfer program to assist families with children suffering from cancer in the target area. Through the partnership, the research firm will carry out an experimental study to determine whether the supplementation of cooking salt with iodine helps prevent cretinism among cancer patients in the area (McChesney & Lieberman, 2022). The research firm could apply to obtain a patent for the research findings. However, the patent application would fail the scope test if other publications showing the effect of iodine supplementation on cretinism in iodine deficient areas exist. At the same time, the patent application may be successful if the research firm can show that such supplementation works better to prevent cretinism among children with cancer, than adults, because…
References
McChesney, A., & Lieberman, H. (2022). Iodine and iodine deficiency: A comprehensive review of a re-emerging issue. Nutrients, 14(7), 3474.
Patino, R. (2009). Intellectual property rights and research disclosure in the university environment: Preserving the commercialization option and optimizing market interest. Journal of the American Association for Laboratory Animal Science, 48(2), 138-143.
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