Question
Refer to Article I, Section 8, Clause 8 of the United States Constitution. What are some examples where intellectual property is threatened? One of the
Refer to Article I, Section 8, Clause 8 of the United States Constitution. What are some examples where intellectual property is threatened?
One of the biggest challenges associated with the creation and ownership of intellectual property (IP) is the fact that it has the nature of other types of property. This is often overlooked; however, IP is indeed property, similar to realty and personal property, and it, too, carries a bundle of rights, both for the creator of the property and for the community. Article I, Section 8, Clause 8 of the United States Constitution grants Congress the power, "To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries" (U.S. Const. art. I, 8). From this constitutional provision, the legislative and judicial system decides which rights to set aside for the creators of IP and which will be left for the public. Possible IP creator rights include copyright, patent, trademark, and trade secret.
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