Group 2: Dhara Gada, Brianna Monroe, Collin Zeffer, David Budzinski, Jared Logan, Arman Ameri, Suguna Srilasya Banigandlapati
In Defense of IPR (CSO)
- Intellectual Property is the creation of the mind, whether it be inventions, literary and artistic works, symbols, names, images, or designs.
- Four types of intellectual property include patents (rights to manufacture and market tangible things), trademarks (names, phrases, sounds, or symbols used in association with a product or service), copyright (written or artistic expressions in a tangible medium), and trade secrets (formula, pattern, device, or compilation of data that grants advantage over a competitor).
- Some ways to protect your intellectual property include knowing what intellectual property you have and where its located, prioritizing it, labeling it, securing it physically and digitally, educating employees about intellectual property, knowing the tools to protect it, involving the entire organization in IP protection, applying a counter-intelligence mindset, and understanding the risk at a global level.
- An Article from the United States Chamber of Commerce Global Innovation Policy Center explains why intellectual property rights are quite important. IP, short for intellectual property, contributes greatly to our national and state economies.
- These IPs allow industries and businesses to rely on the enforcement of patents, trademarks, and copyrights. For the customers, IPs are used to ensure that the products are safe and secure. This website provides a few reasons why IPs are extremely beneficial:
- IP creates and supports high-paying jobs.
- Jobs in industries where IP is growing are expected to increase drastically over the next decade.
- IP drives economic growth and competitiveness.
- Strong and enforced IP rights protect consumers and families.
- Strong IPs help customers make smart choices about the legitimacy of their product purchases.
- IP helps generate breakthrough solutions to global challenges.
- Innovative agricultural companies are creating new products to help farmers improve and produce higher quantities of products.
- Discoveries in alternative energy focused around IPs will help to improve the security of energy, along with the ability to address climate change.
- IP rights encourage innovation and reward entrepreneurs.
- These rights facilitate the flow of information by sharing the secure information to the patented invention. The process leads to new innovations and improvements on already existing creations.
- With these points being stated, it is clear that having intellectual property being enforced will result in many positive results. These rights are acknowledged by all parts of the industry, between small, medium, and large companies, and along with labor groups, consumer groups, and other trade associations.
Software and Community in the Early 21st Century:
- We are operating to produce superior software at infinitely lower prices.
- Humans cannot make meaningful redistribution fast enough to retain momentum politically without applying levels of coercion or violence which will destroy what we are attempting (human dignity and equality).
- In the 21st century economy production does not occur in factories or by people but in communities. Ebay is a community in which people can buy or sell items.
- Humans’ sophistication in global coordination of massive social movements will become very good.
The Truth About the Drug Companies Lecture – Dr. Marcia Angell
Pharmaceutical and FDA:
- Many companies say that high prices are necessary to cover their high R and D costs which are false statements, as their high prices are really necessary to cover their enormous marketing and administrative expenditures and to maintain their obscene profits. Every large drug company pays off huge fines to settle the charges of their illegal activities.
- Before a drug can be sold in this country, it should be/has to be approved by the FDA. And the approval depends on the company demonstrating in clinical trials that their new drug is reasonably safe and effective but also has a low standard of comparisons. And was categorized into 2 types namely-Nm-II and Me-too drugs
- When a new drug comes to the market, the government grants it exclusive marketing rights for a certain period of time. When monopoly expires, other companies may sell the same drug and these are called Generic Drugs which are cheaper in cost.
- Huge money is contributed for doctors and their resources, as doctors write the prescriptions. Hence, drug companies pay doctors for the extensive education they provide. So, a drug company will influence doctors in terms of clinical practice, research, and education which impact patients.
- Compare new drugs with old ones, Not placebo before FDA approval
- Permit Medicare to regulate prices and create a formulary
- Regulate the prices of drugs stemming from public research.
The Fashion Industry
- In the fashion industry, there is very little intellectual property protection and the one that is there turns out that those protections that are offered are ineffectual. They have trademark protection but no copyright protection and no patent protection.
- Anybody could copy any garment on any person and sell it as their own design
- The only thing they can’t copy is the actual trademark label within the piece of apparel they are copying.
- There are many other industries that do not have copyright protection like food industry, automobiles, furniture, magic tricks, hairdos, open source software, tattoo artists, jokes, fireworks display, the rules of games, the smell of perfume.
- The gross sales for low I.P. industries, industries with very little copyright protection are higher than the one which have copyright protection.
- The two main oppositions within the logic of copyright law can be summarized as follows.
- Is something an artistic object? If so, then it deserves protection.
- Is it a utilitarian object? If not, then there is no legal protection for it.
- The other one is:
- Is it an idea? Is it something that needs to freely circulate in a free society? Then No protection.
- Or is it a physically fixed expression of an idea: something that somebody made and they deserve to own it for a while and make money from it?
And…. Chinese Fast Food
- In the United States, there are roughly 40,000 Chinese fast-food restaurants. This is more than the number of McDonalds, Wendy’s, Burger King and Kentucky Fried Chickens combined.
- Ironically, Lee found that most Chinese people do not recognize any of the American Chinese food dishes. Even fortune cookies, for example, originate from Japan.
- Across the globe, many countries put their twist on local Chinese food- from places like Europe to South America.
- The interesting phenomenon surrounding Chinese restaurants is that they are not necessarily chain restaurants like McDonalds or Burger King. For the most part, many Chinese restaurants are stand-alone establishments which opens the floor to discussion on intellectual property rights for certain dishes.
Intellectual property is the foundation of all businesses, no matter the industry. It is an intangible asset, most of the time not even a physical asset, that many strive to obtain. Competitors will seek to obtain any piece of information they can in order to gain a competitive advantage over the market, thus increasing their profits and growth. Intellectual property comes in four different forms – patents, trademarks, copyrights, and trade secrets. Because intellectual property is so sought after, it is extremely important to have the means to ensure that no information is leaked. For large companies, any breach of intellectual property can cause damages of millions of dollars. Once that classified information is known by others, there is no obtaining it back. Beyond being the main source of success for companies, intellectual property is responsible for other important areas. These areas include creating and supporting high paying jobs, driving economic growth and competitiveness, generating breakthrough solutions to global problems, and encouraging innovation and rewarding entrepreneurs.
Eben Moglen is Chairman of the Software Freedom Law Center and professor of law and legal history at Columbia University. In his keynote address presented at Plone Conference on October 25, 2006, in Seattle, WA, Moglen weaves together the industrial revolution, knowledge of economy, the free software movement, the One Laptop Per Child project, and the long struggle for human dignity and equality. This lecture provides an uplifting perspective on the future of open source development. Dr. Marcia Angell explains that drugs are the fastest-growing part of the health care bill—which itself is rising at an alarming rate. The increase in drug spending is attributed to using more expensive newer drugs instead of older, cheaper ones. Prices of the most heavily prescribed drugs are increasing several times a year. As a consequence, people are unable to pay co-insurances and are not able to complete their full dosages. Pharmaceutical companies falsely claim that they make sure prices are high initially, to cover their huge research and development. Same brand drugs would cost on average twice as much only in the United States. People usually think that FDA approval means the drug offers something better than the existing ones. But this is not always true.
Opposite of the pharmaceutical industry, the fast fashion industry has little to no intellectual property. Designs are created and produced so quickly that there is no time to protect this property. By the time it is protected, the design will be out of style and it will be of no use. The only item that can truly be protected is any trademark, such as a company name and logo. Other industries that are similar to the fast fashion industry are the food industry, automobiles, furniture, magic tricks, hairdos, open source software, tattoos, Jokes, fireworks displays, the rules of games, and the smell of perfume.
Lastly, in her TedTalk, Reporter Jennifer 8. Lee discusses the origins of Americanized Chinese food and how certain popular dishes in the United States have come to be what they are today. Typically, most items that you see in an American Chinese restaurant do not originate from China itself. There have been instances of individuals claiming to have been the creators of certain plates looking to profit off the success of Chinese food around the globe, however no cases have been followed up on.
- The theory of intellectual property rights protection rests on the idea that human beings will be innovative and creative only when a material system of incentives and rewards is in place. What is your assessment of this characterization? Reflect on it in the context of the fashion industry video.
- In her talk, Lee compares computer software like Microsoft and Linux to McDonald’s and Chinese fast food restaurants. How does this comparison work and in what ways does she bring in the question of intellectual property rights into these distinctions?
- Marcia Angel lays out a trenchant critique of the pharmaceutical industry and it’s use/misuse of intellectual property rights. What are her main conclusions and how does she support such conclusions?