Vol. 28, No. 4 #5 (August 2005). A Basic Introduction to Intellectual Property Law.

• Author: By Nancy Sharp Nti Asare

Wyoming Bar Journal

2005.

Vol. 28, No. 4 #5 (August 2005).

A Basic Introduction to Intellectual Property Law

WYOMING LAWYERAugust 2005/Vol. XXVIII, No. 4A Basic Introduction to Intellectual Property LawBy Nancy Sharp Nti Asare

Today, Intellectual Property Law has created challenges for the legislatures and courts, because our forefathers could never have envisioned the computer revolution or the complexities of globalization within the Intellectual Property context. It is an area of law that changes almost daily. I have been advised that offering advice, teaching, or writing on the subject of Intellectual Property law can be compared to trying to hit a moving target from a speeding train. So, please bear with me, as I brave this perilous highway!To many people in the world, wealth is defined in terms of tangible property, such as land and houses, or of intangible property, such as stocks and bonds. Today, however, wealth can include Intellectual Property.

Intellectual property is an umbrella term for intangible property that consists of people's minds or as some might refer to as "the intellectual creative process." Trademarks, Service marks, copyrights, and patents are all examples of Intellectual Property. Today, books are copyrighted. Private computers are trademarked. An invention could be patented. Regardless, the primary purpose of intellectual property law is to ensure a rich, diverse and competitive marketplace.

In both domestic and international law during the last decade, Intellectual Property has taken on a greater importance. The primary reasons for this have been attributed to globalization and the technological age. Many American products sold abroad need to be protected. These products include American TV series, films, pharmaceutical supplies, computer programs, CDs and videos.

Early on, the U.S. Constitution recognized the need to protect creative works. Article 1 - Section 8 authorized Congress "to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their writings and discoveries." Laws were then specifically designed to protect and reward inventive and artistic creativity.

A common criticism of Intellectual Property law is that it limits the economic freedom of some individuals; however, that criticism is countered by the belief that it does so to protect the freedom of others to enjoy the fruits of their labors, in the form of profits. In the USA, it is important to note that the law's goal in Intellectual Property is to first, promote the progress of science...