Chapter 7
Intellectual Property: Yours, Mine, and Ours
By Lizabeth England
In this chapter students will learn about intellectual property, what it is and how the rights of individuals and companies are protected from counterfeit and fraud.
Intellectual property, like other property, is a matter of great importance for those who are involved in creating new ideas and information in any field of study or work, but particularly in science, technology and entertainment. In the 21st century – when information, ideas and artistic expression are more important than ever – issues of intellectual property have become increasingly important. Gaining more knowledge about intellectual property will provide students, teachers and the public in general, with current information on laws and issues related to intellectual property. Such information can increase chances for ethical business practices worldwide.
In this chapter, we will explore some issues dealing with intellectual property. Students will have opportunities to think about and explore their ethical principles and make judgments about real-world intellectual property rights and laws.
We will start with activities that provide opportunities for students to examine their views on intellectual property. After that, students will work with some real-world cases and examine intellectual property from two perspectives -- customers and business. Then, students will do research on a topic of interest. The activity will include writing a short research paper on an intellectual property issue of interest to students. The wrap-up activity will provide students with an opportunity to discuss and reflect on what they have learned. Extensions to lessons include a variety of activities that take students to the World Wide Web for analysis and opportunities for in-depth study. A list of web references is provided for teachers and students to use in all activities.
The World Intellectual Property Organization (WIPO) is an intergovernmental organization with headquarters in Geneva, Switzerland. It is one of 16 specialized agencies of the United Nations organization. WIPO is responsible for promoting the protection of intellectual property throughout the world through cooperation among States, and for administering the various multilateral treaties dealing with the legal and administrative aspects of intellectual property.
In this chapter, we will explore ways in which the mission of WIPO, an internationally recognized authority on intellectual property, has been implemented. In addition, we will present some classroom activities for learning more about intellectual property.
What is Intellectual Property?
Intellectual property is the information that makes it possible for businesses to earn money. Business assets are protected by laws that state that the people who created the property have exclusive rights to use that property – for any purpose, but most often for profit.
A trademark is a symbol or brand that is owned by the person who created it. In the United States, a patent guarantees that an inventor owns the rights to profit made from an invention for 17 years. A copyright means legal and exclusive rights to written material, either published or unpublished.
Intellectual property comprises two branches: industrial property and artistic property. Industrial property refers chiefly to inventions, trademarks, industrial designs and appellations of origin. For example, the Coca Cola Company owns the symbol that is known around the world for the soft drink that Coca Cola produces. Patents and copyrights are chiefly for literary, musical, artistic, photographic and audiovisual works. For example, on the back of a compact disc (CD) box, there is (in very small print) information about the patent and copyright for the music on that CD.
Nowadays, there is a great increase in the amount of international business that is conducted around the world. More international business means more complex discussions about intellectual property. More international business creates new challenges for intellectual property experts. WIPO is an organization whose primary purpose is to address this challenge. While in one country there are laws protecting the rights of inventors and artists, there may not be such laws in another country. How do we resolve ethical and legal conflicts about intellectual property from one country to another? What legal guidance do we have, internationally, in resolving very different ethical and legal issues across national borders? What may be a violation of intellectual property in one country may not be a violation of intellectual property in another.
There are many counterfeit products around the world. Some countries do not allow counterfeit products to be bought and sold; other countries do permit the sales of these products.
Music is an easily counterfeited product. A number of artists, including Garth Brooks and Bruce Springsteen have actively pursued "CD bootleg operations" (individuals and groups who counterfeit compact discs).
"Video police" have received significant press coverage in their efforts to find bootleggers. Television sports programs and videos for home viewing carry disclaimers in some countries. These disclaimers specifically state that the videotape is for home use only and may not be copied or used for any purpose other than for home entertainment. Examples of other counterfeit products are Nike baseball caps, Tommy Hilfiger t-shirts, Rolex watches, and Chanel purses.
A substantial emphasis on the activities and resources of WIPO is devoted to promoting cooperation with the developing countries. In August 1998, over 170 States were members of WIPO. Six additional states, which were not yet members, participated in treaties administered by WIPO.