Discussion Board The information article Intellectual Property, written by a group of authors under direction of Evan Davies, aims to define the concept of intellectual property (IP) and identify its key characteristics. Secondly, the authors give a brief overview of legal means that help to protect the right for IP.
According to the scholars, intellectual property can be defined as any tangible or intangible asset that results from the process of human discovery, creativity, and invention (Davies et al, 2003). The authors single out the two characteristics, which are typical of IP: 1) immaterial nature, in other words, this asset can be owned by a great number of people at the same time; 2) inability of the inventor to appropriate it for private gain, since this kind of assets can be easily copied and transmitted (Davies et al, 2003).
The key idea which the writers express is that contemporary legislation does not provide specific guidelines, regulating the use and transmission of intellectual property, for example, a person, who tries to sell a certain idea or invention, can easily be defrauded, and there is no way for him/her to prove his rectitude. These are the major issues, discussed in this article.
Overall, it is quite possible to agree with the authors, when we are speaking about the use and transmission of intellectual property. At the moment, there are very few safeguards that can protect the author (inventor, designer, musician, writer, artists and so forth) from encroachment on his/her rights.
In part, it is connected with the rapid development of Internet technologies which enable users to share copyrighted information (songs, videos, software, books etc) with any obstacle. Secondly, as it has been pointed out in the article, in some cases, the author finds it very difficult to prove that he/she is the inventor of a certain device or the author of some television show.
However, the definition, proposed by the authors can be disputed. Evan Davies et al focus mostly on the origins of IP such as invention, creativity, discovery, and so forth. Yet, very little attention is paid to the qualitative characteristics of IP. One may point such qualities as novelty and utility, which means that any asset, protected by the copyright law, has to have some new elements and may have some practical application.
Besides, in this article the authors emphasize the so-called “weightlessness” of IP, which means that the term intellectual property refers to some intangible assets, yet under some circumstances, IP can be both tangible and intangible, for example, hardware, vehicles, and mobile phones, which can considered as both tangible and intangible assets. In this case, the intellectual property is not easily transferred from one person to another. One should not assume that this definition, advanced by the authors is inaccurate or limited.
Get your 100% original paper on any topic done in as little as 3 hours Learn More At the given moment there are hundreds definition and interpretations of IP and its elements; they may focus on some specific characteristics of IP and one cannot say that these definitions are inaccurate or false since they just focus on different aspects of the same phenomenon. Overall, this article can be helpful to the students and other people who want to gain a basic idea about intellectual property.
Definition essay The definition of such term of intellectual property has long been one of the most debated issues among lawyers and policy makers, since they need to compile a list of those objects or assets, which have to be protected by copyright law. This concept is so difficult to define because it has several components and several characteristics which are equally important.
We cannot argue that the interpretation, provided in this paper will be conclusive, yet it give a more comprehensive view of IP and its elements. At this point, we can say that intellectual property is any tangible or intangible asset, deriving from human creativity, discovery, invention even contest; it has such characteristics as originality and perceived value. In the following sections of this paper, we will try to justify our interpretation of this notion and its constituent parts.
The term “intellectual property” is inevitably associated with ideas, designs, works of a person’s mind or intellect, but these ideas usually have some material representation. In other words, one should not forget about those devices which help to carry and store this information, for example, compact discs, audio tapes, floppy disks, audio tapes, DVDs and so forth (Barrett, 2008, 108).
Moreover, some ideas or concepts can be inseparable from their material representation, for instance, paintings or drawings. In point of fact, in some cases, the value of idea dramatically declines if it is deprived of its original material form. Even the most meticulous copy of Van Gogh or Rembrandt cannot be compared to the original and it will never have the same commercial or artistic value.
This case illustrates the point that intellectual property is not always easily transferable and that it cannot be owned by several people at a time. Furthermore, it shows that the importance of material representation should not be underestimated and one should not perceive IP only as some intangible asset since such a perception is just a common stereotype.
A person, who tries to define the concept of IP, would have to focus on such characteristics as value and novelty. This asset or product must have some innovative elements, which differentiate it from similar products or assets. Furthermore, it may be of some commercial or aesthetic value. The aesthetic value is particularly important, when we are referring to works of literature, music, art and so forth. Again, we have to stress an idea that commercial and aesthetic value are quite separable from one another. In addition, the notion of aesthetic value is very subjective, and it cannot be measured in any qualitative or quantitative way. Thus, when we identified value as an intrinsic attribute of intellectual property, we referred only to the subjective opinion of a person, who has invented a certain device, created some work of art or made some scientific discovery. Intellectual property must have value or worth in the eyes of the creator or discoverer, rather than in the eyes of the public. This is the most important characteristic of this concept.
We will write a custom Essay on Intellectual Property specifically for you! Get your first paper with 15% OFF Learn More Those people, who view intellectual property from legal or commercial standpoint, often refer to such a requirement as utility that has not been mentioned in our definition. Such characteristic as utility is more appropriate to some inventions, pharmaceutical recipes, new business models etc (Dratler, 1991, p 162; Bouchoux, 2001).
Yet, this requirement is inapplicable to the works of art. Apart from that, the utility of many inventions were bitterly disputed when they came into existence. To prove this point, we can mention the alternating current system, designed by Nikola Tesla. At the end of the nineteenth century, it was widely believed that such systems could hardly find any practical application (Colladay, 1996). These are the reasons why such characteristics as utility or practical application have been excluded from the definition.
Another important question which should be discussed in this paper is the ownership of intellectual property. As we have said, it derives from human discovery, invention, knowledge, or creativity. In the majority of cases, IP is the result of close collaboration, involving many participants, whose contribution is not always equal.
In the thesis statement, it has been said that IP derives from invention, creativity, discovery or contest. The final component may seem slightly confusing at first glance, yet such copyrighted materials as broadcasts of football games are the result of competition and contest, yet they are also classified as intellectual property.
Therefore, one can argue that while defining intellectual property one should not focus only on some scientific discoveries, technological devices and works of art. Such interpretation does not reflect the full complexity of this term because intellectual property can be just the result of mere coincidence, rather than some prodigious mental effort.
The most important idea that can be derived from this discussion is that intellectual property can have several elements and characteristics; however, the most important one is novelty. Moreover, it seems rather unreasonable to limit the notion of IP only to a specific list of intangible assets like books, pharmaceutical recipes, drawings, utility models and so forth.
Such an approach can be suitable for commercial relations but it is not acceptable for philosophical discussion. Apart from that, we can say that utility, commercial value, and practical applicability are not inherent characteristics of the intellectual property. More likely, one has to speak about novelty and perceived value.
Reference List Barrett. M. (2008) Intellectual Property. Aspen Publishers Online.
Not sure if you can write a paper on Intellectual Property by yourself? We can help you for only $16.05 $11/page Learn More Bouchoux D. (2001) Protecting your company’s intellectual property: a practical guide to trademarks, copyrights, patents
Studies in the Education of Adults Research Paper
Nursing Assignment Help Adult education is an area that most educators and stakeholders in the education sector find interesting. Stakeholders in the education sector need to understand the factors that influence the teaching and learning processes in adult education. Adult education is considered a complex issue and therefore to comprehensively understand factors affecting its nature and process we must involve both empirical research and theoretical studies.
Therefore, any study carried on this topic should be critically analyzed to better understand the significance of the research on the processes of adult education. It is important to fully understand the research article and then critique the credibility of the information contained therein.
This research paper seeks to analyze two articles. The two articles will be discussed to better understand how prior experience and knowledge, intrinsic motivation and exposure to the carrier subject are related and how these influences a person’s performance in adult education.
In her article, The role of prior experience in adult learners’ acquisition of postgraduate literacies in a postapartheid South African University, Cooper Linda (2011) argues that prior knowledge and experience of the subject or carrier discipline is a significant resource for learners’ success in their field of studies (Cooper, 2011).
The research is known as Prior Learning Assessment (Cooper, 2011). The research focuses primarily on the influence of the learners’ prior experiential knowledge on the outcome of the academic literacy practices gained in higher learning institutions as well as their contribution to the learning process.
The underlying principle of the current research is that learners’ literacy skills outcomes largely depends on an interaction of three main components that includes the disposition and habitus of a learner, how the academic discipline in question has been structured, and the pedagogic agency.
The study required that the teachers recognize the learners’ prior knowledge on the academic disciplines chosen while the teachers controlled the challenges in each academic program and the learning processes as well as the accommodation and learning group mix (Cooper, 2011).
Get your 100% original paper on any topic done in as little as 3 hours Learn More The article examines the case of a group of disability rights-activists who were given the opportunity to enroll for master’s degree program under the recognition of prior learning (Cooper, 2011). The disability rights activists were asked to choose master’s degree programs of their choices and where they best thought represented their careers and abilities, as well as those that they thought they had adequate prior experience in.
However, all the activists were restricted to enroll in the academic programs which were related to their activities. In each academic discipline where the activists were enrolled, they were distributed into different learning groups. They were further distributed into different hostels to mix with other students.
The lecturers in the each discipline where the learners were enrolled provided different levels of challenging tasks for each activist-learner and the learning groups they represented. The lecturers were asked to use different teaching methodologies and resources each time they wanted to evaluate the learners’ progress and the impacts of their prior experiential knowledge.
During their master’s degree programs, the supervising lecturers were asked to monitor their performance and their interaction with other students in their various faculties. The supervisors recorded every significant contribution made by each learner and kept records of their performance in relation to those who had no prior knowledge and experience.
The activist-learners’ were interviewed and asked to fill questions related to how they viewed their overall performance and the factors that influenced their performance and learning processes. The supervising lecturers were also asked to submit the activist-learners progress reports and their general evaluation of the learners’ progress and performance.
The research results showed that the learners’ prior knowledge of their academic disciplines positively influenced their overall performance. The learners’ showed confidence in all their activities and had the drive to achieve the maximum in all the tasks that they were assigned.
The research also proved that the level of difficulty of the discipline had very little effect as compared to the learner’s prior experiential knowledge and intrinsic motivation (Pajares,