Intellectual Property paper Essay Example | Topics and Well Written Essays - 1750 words

Intellectual Property paper - Essay Example The main controversy of the current situation in realm of IPR can possibly be formulated as follows. On the one hand, IPR holders require that government should implement new laws ensuring absolute security of their intellectual property. This requirement seems logic and reasonable, especially if we take into consideration the growing number of intellectual property thefts that occur these days. Absence of effective legislation may lead to further growth of IPR infringements. Yet, on the other hand, in light of the recent developments in the realm of IPR protection, a number of experts express concern that requirements of IPR holders to fully protect their intellectual assets might potentially erode capabilities that have been previously permitted to the public by copyright law under the "fair use" doctrine or its cousins, such as 'first sale' or 'limited term' doctrine. This paper identifies the most controversial issues associated with intellectual property rights in contemporary environment and analyzes whether IPR are justified in the form they currently take. The traditional instrument, which regulates use of intellectual property, is intellectual property law. ... The statue protected British printers after the advent of the printing press, and also protected European book importers1. From legal perspective the IPR norms and regulations covering the digital environment are more complex and controversial than those applied for traditional media. As a result, many legal practices, which are highly effective for protection of the IPR in traditional environment, may not be applicable nowadays2. Despite recognition of the need to adjust traditional intellectual property laws in order to reflect the recent changes in this realm, the situation still leaves much to be desired, both domestically and internationally. As Boyle ironically noticed nearly ten years ago, ".modern international policy towards IPR much resembles previous 'freedom of the seas'3. Despite multiple declarations, the situation remains practically the same up to date. Notwithstanding efforts of the US and EU to unify national legislations, efforts of WTO, and in many cases outdated Acts regulate modern principles of digital data4. The issue of intellectual property in digital environment is covered by several Acts in the United Kingdom. UK legislation differentiates the IPR of physical materials (e.g. print data) and digital IPR. At the same time, British legislation does not cover as many aspects of digital IPR as, for example, American one. The old laws are still in use in many cases which hinders proper protection of IPR in digital domain5. According to British legislation, intellectual property rights are; "legal rights which result from intellectual activity in the industrial, scientific, literary and artistic fields"6. As well as American and pan-European