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Example research essay topic: Intellectual Property Rights Berne Convention - 1,728 words

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Intellectual Property Rights Within the course of this research, we will talk about the intellectual property rights in developing countries. We will first briefly talk about the intellectual property and related issues, to be followed by the discussion of the state of intellectual property rights in Pakistan, an exemplary developing country. As technology improves, the current laws about intellectual property and copyright are being challenged. Copying of nearly everything, from sound, to text, to video is made simple with computers, the Internet, scanners, CD burners and other technology. The U.

S. Department of Commerce estimated in the 1980 s the worldwide value of pirated music to be $ 1. 2 billion annually (Griffiths, p. 137). The International Intellectual Property Alliance estimated Unites States losses in the recorded music industry due to piracy at $ 600 million per year in the 1980 s and the numbers are certainly higher now (Griffiths, p. 139). There is obviously a lot at stake for those who are involved with the music industry as well as all the other industries affected by piracy.

Before analyzing issues regarding this complex topic, it may help to understand some of the most commonly used terms. For example, there is a difference between intellectual property and copyright. Intellectual property is a broad term covering human's work of all kinds. Some intellectual property, that which are literary and artistic works, can be copyrighted. Copyrights are used to protect the use of intellectual property.

Many types of work can be copyrighted. Copyrights are used to protect the "expression of ideas, " not specifically ideas themselves (Miller, p. 77). For example, a person who writes a song about Alma College can copyright that specific song, but that person is not the only one who can make songs about Alma College. There are three basic requirements for a work to be copyrighted including fixation, originality, and expression (Miller, p. 104). A work is "fixed" if it is "sufficiently permanent or stable to permit it to be perceived, reproduced, or otherwise communicated for a period of more than transitory duration" (Weil, p. 236).

Basically, a work must be in a form that could be copied in order to receive protection from unauthorized copying. A work is protected by copyright if it is "fixed by any method now known or later developed" or even if the work can be perceived only "with the aid of a machine or device, " such as a compact disc being played on a player (Talbott, p. 88). Originality states that a work must owe it origins to the person claiming to be the author. It does not imply though, that "a work must be new, startling, novel, or unusual" (Talbott, p. 90).

It just must not be a copy of someone else's work. The idea of expression is that which was discussed earlier. In order to be copyrighted, a work must be a specific expression of an idea, not just an idea. Laws regarding intellectual property are in place to protect expression of ideas as well as economic well-being of companies, like record companies, who are dependent on intellectual property as a product to be sold. Estimations have reported that "the theft of intellectual property rights in the United States cost over $ 300 billion dollars in 1997 alone" (Griffiths, p. 180).

To understand all of the issues relating to intellectual property one must first be familiar with the current laws regarding copyright. The World Intellectual Property Organization (WIPO) has international standards for intellectual property and has most jurisdictions over international agreements, but there is no "official" body to enforce intellectual property laws. The WIPO encourages member nations to make and update their domestic laws to protect intellectual property and also encourages cooperation between member nations by centralizing the administration of such laws. There are currently 171 members. (Griffiths, p. 192) No specific international laws regulate worldwide copyright protection, it is dependent on individual nations' laws, but there are generally accepted agreements between nations. The Berne Convention was an original agreement regarding intellectual property. It has been in effect since 1886, with the WIPO administering it.

Berne covers protection of literary and artistic works very broadly and establishes three main principles: national treatment, non conditional protection, and protection independent of the existence of protection in the country of origin. Notably though, the United States never signed the Berne Convention. (Weil, p. 286) There have been various other international treaties and conventions regarding copyright and intellectual property laws. The Geneva Convention, Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of Their Phonogram, and the WIPO Performances and Phonograms Treaty all deal with intellectual property. Ever since the introduction of VCRs in Pakistan, the video films dealers are doing a roaring business, running into trillions of rupees annually, almost like a "Tax free" Bonanza. Even if the existing laws governing the video films, like Copyright or Motion Pictures Ordinance, were considered seriously the nation would have made trillions. Unfortunately, no one thought of it and those at a position of responsibility; let this illegal business flourish on one pretext or the other, thus "innocently" causing huge monetary loss to the nation.

There are many examples which can be cited here. However, since the issue of Intellectual Property Rights is the focus the discussion would be restricted to it. The existing Copyright law of Pakistan is reasonably strong. An offence under this law is cognizable and non-bailable. It carries a punishment upon conviction of up to Rs 100, 000 (Rs 200, 000 on second conviction) or 3 years RI or both. (Richardson, p. 46) However, while the upper limit of fine or RI has been defined, the minimum limit is left to the discretion of magistrates. Similarly, Pakistan Motion Pictures Law, dealing with censorship etc, also has provisions for the same kind of punishment and discretion.

Moreover, this law also suffers from another lacuna. No action can be taken against any one selling, renting or exhibiting an uncensored film, unless the same was being exhibited in a "place licensed for exhibition" (King, p. 69). In light of this and also as per the stand of Central Censor Board of Pakistan, no action under censorship code, can be taken against thousands of video and laser film outlets keeping uncensored films, thus giving free hand to all for promoting violence and vulgarity. Additionally, both laws, being old, lack provisions to deal with fast changing scenarios in the field of audio-visual as well as printed works. Fortunately, despite all these weaknesses, these laws are strong enough to be implemented with the right force and intentions. Sadly, it is not being enforced and copyright infringement or piracy continues with complete immunity.

This illegal business has flourished, (and flourishing) by leaps and bounds. It is so tragic that no one in the past, or even in the present government, has thought about controlling this broad-daylight robbery of the national resources. The piracy is rampant and so is pornography and obscenity, because the laws have never been enforced seriously and relegated to the last priority, by enforcers. The pirates are filling their coffers with ill-gotten money and the administration seems to feel helpless before pirates or may be enjoying with them! Ironically, no one seems to realize that the irreparable damage being done by uncensored and pirated films to the society: particularly the youth need immediate attention from all quarters. This is a major cause of corruption and moral deterioration of the young generation.

The video pirates dealing in uncensored, obscene and vulgar films are not only criminals but sinners, deserving the worst punishment. They are the parasites, eating up the national money and destroying socio-cultural values. It is so sad that in this land-of-the-Pure and also an Islamic society, while a hand of hungry "bread thief" could be chopped off the intellectual property thief remains above board. Has anyone thought as to what is the fault of those intellectuals, scientists, poets, writers, and artistes of this country called Islamic Republic of Pakistan, who spend their lives and put every thing they have, to "build" their own intellectual property, but pirates loot them? Can some one think about those great minds of this country who created or built or invented great works, but faded away in oblivion without getting a single benefit from their own intellectual property, due to IPR thieves?

Ironically, even some of the educated people of the society at issue favor piracy on various pretexts, like "sharing the global wealth for humanity" or for transfer of "latest technology for developing nation" or "exercising the right to choose as human" etc. (King, p. 104) Their reasons sound innocent and genuine to a common man. However, there is a vast difference between sharing, owning, stealing or snatching. The deprivation, do not give a right to steal or rob others. If that be the case, then car snatching by "car-less" or land grabbing by "land-less" or even power snatching by "power-less" should neither be a crime nor sin. Luckily, this is not the way it happens in any of the civilized societies.

There are always so many right ways of doing right things. Free entrepreneurship does not mean usurping the rights of others. The video pirates are doing this illegal business on the pretext of "honoring peoples' right to choose the kind of entertainment they like." (King, p. 111) Book pirates have a reason for piracy to "promote cheap education for poor lot." (King, p. 112) The software pirates are "serving -the nation by providing cheap means to transfer latest technology for starved local scientists." (Richardson, p. 126) Likewise so many other types of piracy are being done for various reasons. This blatant law violation is going on for ages. One might tend to ignore this if the nation was getting some sort of benefit out of it. No.

Nothing in "piracy" is good is for the nation. They are neither doing any service to IPR owners, nor nation or humanity. They are doing every thing for themselves. Absence of any strong action by the government is surprising.

Or maybe, no action is being taken because someone in the government thinks that the pirates have genuine reasons for piracy. If that is so, the best would be to enact another law, to legitimize this so far illegal business. Let there be no taxes...


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