In theory, intellectual
property encourages innovation by rewarding scientists, inventors, artists,
scholars, and other creators with exclusive rights to their ideas and
expressions. This in turn results in greater artistic, scientific, and
technological achievement, which in turn advances the economy and quality of
life, and progress of humanity as a whole.
It also satisfies a
deeply held sense of ownership, that if you discover or make something it’s
yours. This may be cultural rather than innate – not every society believes
this about the fruits of creativity.
Whether an IP regime
serves these goals depends a lot on the legal regime put in place around it,
and how that plays in a given cultural and economic context. To establish
something as property involves creating a bundle of rights such as a right to
alienate it by selling, trading, or licensing, a right to exclusivity, the
ability to create and enforce contracts about it, and a right to enforce
ownership through legal means. A lot of fine tuning is involved, which could
result in an effective IP system, or alternately, one that enforces privilege
and disparity of wealth by denying basic things like life-saving drugs,
software tools, or popular songs to those without ability to pay, that
concentrates wealth by adding IP assignment terms to every employment or
contractor relationship, or that suppresses innovation by denying creators
access to what other creators have done. Even so, an unfair IP regime may (or
may not) create wealth for a society.
If you are looking for
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attorneys have experience with the IP process and will work closely with you as
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