Research Paper on Business Law (Research Paper Sample)

Title
Name
Institution
Date Abstract
Technological advancement has revolutionized the use of intellectual property. The internet in particular has had far-reaching effects on the exploitation of intellectual property. While the arrival of the internet widened the market for intellectual property owners, it also complicated enforcement of intellectual property laws. Intellectual property is a term used to describe any intangible creation like music, ideas, literature, and inventions. This paper analyzes both international and the United Arab Emirates’ legislation on intellectual property. Material obtained from online libraries was critically analyzed and reported. The World Intellectual Property Organization (WIPO) and the United Arab Emirates websites provided useful information. The analysis indicates that apart from a few areas, there is a striking similarity between the United Arab Emirates intellectual property laws and the WIPO administered treaties. In conclusion, before the advent of the internet, intellectual property theft was minimal. The internet escalated the problem. The growth of the internet and digital technology has increased the likelihood of one using copyrighted material at some point in life. Most daily activities that the average person undertakes require items that are protected by intellectual property laws. Therefore, as people use technology to meet their daily needs, there is a real danger of copyright infringement.
Table of Contents
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Abstract  PAGEREF _Toc417573775 \h
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Introduction  PAGEREF _Toc417573776 \h
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Methodology  PAGEREF _Toc417573777 \h
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What is intellectual property?  PAGEREF _Toc417573778 \h
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Types of intellectual property  PAGEREF _Toc417573779 \h
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Industrial property  PAGEREF _Toc417573780 \h
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Copyright  PAGEREF _Toc417573781 \h
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Intellectual property crimes  PAGEREF _Toc417573782 \h
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International agreements related to intellectual property  PAGEREF _Toc417573783 \h
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United Arab Emirates legislation  PAGEREF _Toc417573784 \h
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Copyright legislation  PAGEREF _Toc417573785 \h
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Copyright principle  PAGEREF _Toc417573786 \h
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Scope of protection  PAGEREF _Toc417573787 \h
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Rights of the author  PAGEREF _Toc417573788 \h
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Protection of the Owners of the Neighboring Rights  PAGEREF _Toc417573789 \h
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Duration of the copyright  PAGEREF _Toc417573790 \h
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Limitations and exceptions  PAGEREF _Toc417573791 \h
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Copyright legislation on the internet  PAGEREF _Toc417573792 \h
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Infringement in the traditional context  PAGEREF _Toc417573793 \h
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Infringement in the context of the internet  PAGEREF _Toc417573794 \h
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Conclusion  PAGEREF _Toc417573795 \h
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Intellectual Property Law
Introduction
Technological advancement has revolutionized the use of intellectual property. The internet in particular has had far-reaching effects on the exploitation of intellectual property. While the arrival of the internet widened the market for intellectual property owners, it also complicated enforcement of intellectual property laws. The internet has raised concern over the protection of intellectual property. This is mainly because the internet facilitates illegal exploitation of intellectual property. Protected material can be copied and transmitted rapidly and anonymously in the internet. Theft of intellectual property can have devastating economic effects on the intellectual property owners. Intellectual property laws attempt to contain this problem.
Digital piracy has emerged as a major problem in both the developed and the developing countries. Copying and dissemination of movies, music, and games in ways that deny owners their legitimate rights have been identified as major problematic areas. Other problematic areas include copyright violation, sale of trade secrets, and trademark and patent infringement. While examination of the nature of the problem is beyond the scope of this dissertation, the area needs a closer look to gain insight into the extent of the problem.
This dissertation will examine the current state of intellectual property laws in the world and the United Arab Emirates. It will also look at the enforcement of the laws in this era of technological advancement.
Methodology
Material obtained from online libraries was critically analyzed and reported. The World Intellectual Property Organization (WIPO) and the United Arab Emirates websites provided useful information. The key words that were used during the search included intellectual property, intellectual property rights, intellectual property violation, and intellectual property laws. The information obtained was scrutinized for relevance, synthesized, and presented.
What is intellectual property?
Intellectual property is a term used to describe any intangible creation like music, ideas, literature, and inventions. These creations, though intangible at the time of their creation, have a value attached to them. The owner of such creations can monetize this value. The laws give owners of intellectual property rights. The intellectual rights protect the owners from unlawful and unfair exploitation of their creations. These rights ensure that owners of the content benefit economically from their property. The World Intellectual Property Organization recognizes the following items as intellectual property:
Creations in literature, art and scientific writing
Inventions in all fields of human interest
Scientific discovery
Performances by all performing artists and broadcasts
Trademarks and commercial names
Any other work resulting from intellectual activity
Types of intellectual property
There are two categories of intellectual property. They are industrial property and copyright. Industrial property protects industrial creations like inventions and designs while copyright safeguards works of art and literature.
Industrial property
Industrial property includes trademarks, industrial designs, and patents. Industrial property rights enable the owners to enjoy monetary benefits of their innovations. In addition, it allows an inventor to enter into the market without incurring many risks. It may also aid in establishing a market share. Protecting the owner also ensures that the owner recoups the expenditure that went into the creation of the invention. Counterfeiters mainly target industrial property. It also helps the host country by encouraging innovation.
Patent: it refers to rights granted to an individual or an organization for an invention. It protects its owner against unfair exploitation of the property. It grants protection only in territories that received the patent application. A patent protects an inventor for a specified period. Each country has its own time limit. However, in most countries the patent is valid for 20 years starting from the day the patent was granted. Some countries allow patent validity of more than 20 years starting from the day the patent was filed. A patent is usually granted with the hope that the owner will share the invention with the public. Patents have been shown to aid in the development of nations. Therefore, countries grant patents in the hope that it will help to steer forward the country both technologically and economically.
Trademark: trademarks include logos, signs, sound, and words associated with a particular individual or entity. The marks are beneficial to both the owner and the consumer. It aids the consumer to distinguish goods from different sources. On the other hand, it helps a company or organization to distinguish itself from others. It is important for business entities to be clearly identifiable. Trademarks are generally valid for a limited period. However, most are valid for an indefinite period. In most countries, users of these marks are required to apply for renewal after a specified period. Trademark owners can license others to use their trademark. For instance, franchise holders are licensed this way.
Copyright
Copyright refers to rights granted to creators of artistic, literary works. The rights granted are exclusive and only the owners of the content can permit others to use their work. The rights granted cover reproduction of the material in any form, translation of work into other languages, public performance of a play, adaptation of into another form. Copyright protects a number of creative works. The products of creative thinking that it protects include films, movies, plays, music, choreography, architecture, and books. Copyright laws also safeguard technical writing, maps, and computer software. This group comprises creative works that are not artistic in nature. Copyright grants rights for a specified period. In most countries, the copyright is valid during the owner’s lifetime and extends to 50 years after death. Some countries allow copyright to extend for more than 50 years after the demise of the owner. Copyright owners can sell the rights to distributors. This is because distribution of such works needs a lot of money. The owner is paid eith...