Sample Business Studies Paper On Global Intellectual Property Rights

Homework Question on Intellectual Property and Global Intellectual Property Rights

“Intellectual Property and Global Intellectual Property Rights” Please respond to the following:

1. Determine whether or not existing “fair use” exceptions strike an appropriate balance between creators and users of the material.
2. Provide two (2) specific examples to support your response.
3. Determine the key legal and ethical issues surrounding the ability of pharmaceutical companies to patent and exploit plant-derived substances, and suggest at least one (1) way in which a company might provide compensation besides direct / individual payments.

Homework Answer on Intellectual Property and Global Intellectual Property Rights

Fair use exception to the patent law creates appropriate balance between the interest of creators and users. Utilizing a guide with four rules of thumb to determine if it is justified to use a patented material withoutpermission and protecting the creator from piracy. Transformative factor allows patented material for education, research or if it is transformed into a new product.

In Warner Bros Entertainment Inc. and J.K Rowlings vs. RDR Books, it was held the works of RDR though transformative copied substantial parts from the harry potter book for profit thus it was not a fair use case thus safeguarding the interest of the patent holder. The ruling of Author’s guide vs. Hathitrust demonstrated the ability of the guidelines to cater for the interest of the user, by allowing copying of books to Google search engine. In brief fair use prevents both parties from taking advantage of each other.

Pharmaceutical companies patent plants’ material disregarding the local community knowledge of those plants medicinal attributes leading to bio piracy and don’t provide fair compensation. Such patents are a source of monopoly power leading to high prices for drugs and control availability in different regions.Some People find the idea that it is not right for a company to copyright a plant which is a part of nature thus should belong to the society as a whole.