Industrial Property and Ethics
Advanced Study of International intellectual Property Law
Industrial Property and Ethics
The transition to a new stage of social development is impossible without respect and promotion of creative and scientific activities. Consumer society stimulates the development of new technologies and manufacturing them in new products. Thereby, our society needs in a clear legal regulation of such legal institution as intellectual property rights.
Intellectual property is usually divided into two branches, namely industrial property and copyright. The broad application of the term "industrial" is clearly set out in the Paris Convention for the Protection of Industrial Property (Article 1 (3)): "Industrial property shall be understood in the broadest sense and shall apply not only to industry and commerce proper, but likewise to agricultural and extractive industries and to all manufactured or natural products, for example, wines, grain, tobacco leaf, fruit, cattle, minerals, mineral waters, beer, flowers, and flour."
The formation of the major institutions of intellectual property rights including industrial property is accompanied with a conflict of social interests and also a set of ethical issues.
First of all, there is a problem with understanding the nature of the intellectual property. Some things, which society considers fair and reasonable are in a conflict with the commercial interests of the rights holders, who are secured by legal protection. Ethical standards are in conflict with the legal. As a result, the loyal attitude of our society to the infringement of intellectual property rights makes its protection weaker.
Indeed, the legal content of the intellectual property is very different from the traditional category of private property. In comparison, buying any object and getting a private property right we actually have a full right to possess, use and dispose it in any way as we wish. The intellectual property rights story is different: you buy a
Industrial Property and Ethics
The transition to a new stage of social development is impossible without respect and promotion of creative and scientific activities. Consumer society stimulates the development of new technologies and manufacturing them in new products. Thereby, our society needs in a clear legal regulation of such legal institution as intellectual property rights.
Intellectual property is usually divided into two branches, namely industrial property and copyright. The broad application of the term "industrial" is clearly set out in the Paris Convention for the Protection of Industrial Property (Article 1 (3)): "Industrial property shall be understood in the broadest sense and shall apply not only to industry and commerce proper, but likewise to agricultural and extractive industries and to all manufactured or natural products, for example, wines, grain, tobacco leaf, fruit, cattle, minerals, mineral waters, beer, flowers, and flour."
The formation of the major institutions of intellectual property rights including industrial property is accompanied with a conflict of social interests and also a set of ethical issues.
First of all, there is a problem with understanding the nature of the intellectual property. Some things, which society considers fair and reasonable are in a conflict with the commercial interests of the rights holders, who are secured by legal protection. Ethical standards are in conflict with the legal. As a result, the loyal attitude of our society to the infringement of intellectual property rights makes its protection weaker.
Indeed, the legal content of the intellectual property is very different from the traditional category of private property. In comparison, buying any object and getting a private property right we actually have a full right to possess, use and dispose it in any way as we wish. The intellectual property rights story is different: you buy a