The American actor Max Amsterdam has a famous quote that goes like

The American actor Max Amsterdam has a famous quote that goes like: “Business is the art of extracting money from another man’s pocket without resorting to violence”.

After reading this statement, I had a number of questions, such as: Why is the word “business” compared with art, although they are completely different spheres of human activity? Is it really possible for an entrepreneur to sell his product and get the maximum revenue without forcing the consumer to buy it? How do businessmen manage to commit “a theft” without any physical effort? And can a person who does not have the ability to think creatively, open his own business? If the answer is Yes, what is the probability he will get customers who have a high demand for the product of a novice businessman?

The keyword for answering all these questions is intellectual property.

At the heart of every business is some idea or intellectual solution. And if the business is developed, it has directions of development, which are also based on original ideas and new solutions.

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Such business is already the set of ideas and solutions. If you do not care about their development and do not provide their legal protection, competitors can significantly complicate the business process.

How does intellectual property manifest itself in business?

1. Official site. Sales on the Internet is the key to success, but probably, it would better to say, the lack of a site is the key to failure. Of course, intellectual property includes web pages, their design and content, both text and video and photo materials.

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2. With the advent of smartphones, mobile applications in the service industry have become an extremely important part of marketing. The development of such an application is clearly related to the intellectual property.

3. Logo and trademark. A very popular misconception is that it is the same thing. But this completely wrong. The trademark must be officially registered and only then it will be recognized as property. The logo is just an image and its presence does not mean it is a trademark.

4. Promotional material. They can be diverse – from leaflets, handed out by promoters, to videos. All of them, their content and design are intellectual property objects.

And these are just the most common examples. In different industries other options may be added, such as specific software used in the company.

In my essay I would like to focus on the pressing issue of the 21st century, as advantages and disadvantages of intellectual property. The first group includes the protection of the authors’ rights, meanwhile the second one is about their violation.

The relevance of this work is due to the fact that modern development of social and other relations allows authorship to develop at fairly high rate and the same happens to plagiarism. The issue of plagiarism has recently become increasingly popular as development of modern business and society, in general, attracts a large number of people who want to profit at someone else’s expense. Copyright, in this case, is one of the most vulnerable branches of law. In most cases, exactly creations of the original authors are in danger of being used without the permission of these authors.

All the positive effects of intellectual property extend to a group of people with special interests – patent holders. Timely registration of the brand has allowed many successful today firms to use the product logo, a unique name to promote products. A Prime example is Coca-Cola, a company whose promotion has been secured using the patent services of a law firm. Today, Coca-Cola is a manufacturer whose products are preferred by residents of two hundred countries. Carbonated drinks of the brand are the most popular means of quenching thirst, allowing you to feel a surge of energy and vigor.

Another example of the positive impact of the patent is the chain of establishments Starbucks. The most popular of these coffee shops, of course, in America. But in other countries they are no less in demand. Today the famous logo with the image of a mermaid in a crown can be found in more than 9 thousand cities and customers of these institutions every day become more than 20 million people around the world.

Also, among the advantages of intellectual property I include business development through competition. Creating your own unique product or offering unique services, protect them with all efforts from various kinds of violations. I think Netflix is the best example here. Netflix is an online service for watching movies and TV series. The company has become one of the most successful in its field. When other online platforms are gradually dying, Netflix on the contrary becomes more and more successful. The company constantly monitors how ordinary people and its customers react to new changes in the service. If something goes wrong, they are instantly corrected. Netflix is constantly studying the requirements and needs of the audience, which has allowed it to win the hearts of many fans of quality films and exciting series throughout its long history.

By protecting its products, the company protects itself from unwanted piracy. Movies and series that Netflix translates are difficult to watch for free and it only proves about copyright protection. Netflix is a major service that provides movies in good quality and shoots their movies. People get a cinema at home, as in the cinema these films can not be seen. Connecting subscription for 30 days free, after it is necessary to pay.

Another example of successful intellectual property protection is demonstrated by Apple. It launched an entirely new tool in defending its intellectual property rights with the cumbersome name iTunes Content Dispute. Its main purpose is to provide an opportunity to appeal to the App Store Legal Team in case any of the software developers in any way stole the product or part of it and used it for their own purposes. Even the weakest legal opportunities startups now have the right to count on the assistance of the giant.

From all the examples it can be concluded that the positive side of intellectual property is primarily to strengthen the position in the market by protecting the goods or services from their possible illegal use. The introduction of such restrictions generates competition both within countries and at the international level, which has a positive impact on the economy of certain countries.

However, sometimes the lack of protection or weak protection of intellectual property also has a positive impact on business in specific area. Let me consider this question on the example of fashion industry. First, designers can use models of other fashion designers, national costumes or eras. It leads to greater creativity among designers, because they are free to use any materials, ornaments and shapes.

The other positive side is that the quick reaction of manufacturers copying high fashion makes its designers work and invent even faster. After all, as soon as some new model of a bag or clothes comes out, if it is successful, it is immediately copied in huge circulations, which instantly turns an exclusive expensive thing that emphasizes individuality into something ordinary and mass, although, of course, the person will know that he or she paid for this thing several times more. And then the fact that classic Burberry cage can now be seen on every second, spurs designers to create something new. Thus, unpunished copying turns out to be beneficial for fashion in general. Also, for example, Joanna Blakely talks about how one Shoe designer constant copying prompted to come up with a model of shoes, which is difficult to copy the crane because of the high cost of the materials used.

Of course, there is a negative effect of the lack of intellectual property protection. The designer puts a lot of effort and time, and sometimes money, to come up with, to develop and improve the model then it should appear on fashion shows, get good criticism, be accepted by fashion magazines. That who copies removes only the cream because he copies the end result without spending so much time and money. Moreover, when it comes to copying, as a rule, almost one hundred percent copy is meant.

Another problem is faced by young and aspiring designers who are just entering the market. The young designer has not so loudly declared himself; his trademark is not so well known. Accordingly, when a client buys the thing of his design without knowing that it is a fake and receives a substandard product, the client has a bad impression of the designer which undoubtedly harms the image of the fashion designer.

Recently, there has been a jump in share of intellectual labor in the total volume of products and services. Such dynamics has not only a positive side but also a number of negative consequences. I am talking about a rampant violation of intellectual rights. Technical improvement of various means, for instance sound recording, information transmission, leads to falsification of products. Internet violations, in many cases as copyright and patent violations, are taking on a very frightening scale. In Africa, Asia, and Latin America, entire industries have been established and operate for the illegal use of well-known brands as well as production secrets.

Disputes over copyright and patents do not leave the main pages of the media and blogs. Unfortunately, most publications are limited to stating another scandalous fact and emotions. The position of the author is often reduced to two extreme options: the first is “Everyone has the right to dispose of the fruits of his work as he pleases” and another option is “Information should be free”. As often happens, the extremes converge on one thing-both options are too primitive.

With the advent of globalization, I began to notice that more and more people are building their business via the Internet: it can be bloggers, singers, writers and others. With the same frequent attempts to “steal” someone’s property, giving it for his or her own. And also plagiarism is more prevalent in the literary and journalistic sphere. Why work hard for, to spend the time and effort writing the text? If you can take someone’s text, rearrange some words in it, sign your name, and you are done! Especially if the deadline is tight, and for the text you are promised to be paid good money.

I would like to address the issue of plagiarism on specific examples. Usually such acts are recorded in the musical and scientific sphere, as well as in the cinema. Although plagiarism is often observed in the modeling business.

Plagiarism in music, as I have just noted, is the most common act of stealing someone’s intellectual property. In this case, I am talking about stealing the lyrics of other singers or of other songs, their individual fragments or music. Even if the new composition, at least, remotely resembles the song came out earlier, it is considered plagiarism.

Plagiarism in field of literature is considered as borrowing from the authors the idea of work, copying the names of fictional cities, and even all the characters. In addition, the version of the text that has been plagiarized can be traced storyline taken from an existing or published resource.

Scientific plagiarism is borrowing parts of the text written by another author: research, dissertation, thesis, essay, etc. Sometimes unscrupulous people steal the work in full, passing it off as their own. At the same time, they do not change anything either in the structure or in the style of presentation of scientific work. A striking example of such fraud is downloading of essay, abstracts and theses from the Internet. No need to sit and rewrite texts by hand, pressed a couple of buttons on the keyboard, and homework is done. Few people care about the moral side of such actions. It is unlikely that people who copy other people’s texts, think about the fact that it is not fair. Hardly think about those who over stolen texts in good faith worked. Such people are rarely ashamed. And if children can be forgiven for such things referring to their age then adults should be fully responsible for their unseemly deeds. And for plagiarism including. Because they are fully aware of the illegality of their actions.

In conclusion I would like to sum up that I said recently. Intellectual property has become one of the most important issue discussed in the modern business world. In simple terms, intellectual property is a product of human mind, the result of creativity, which is protected by law. It is an immaterial substance. It cannot be felt; it has no length, width, or height; it is weightless and does not create a shadow; it is devoid of color, taste, or smell. Intellectual property includes rights relating to literary, artistic and scientific works, scientific discoveries, inventions, etc. Itis usually divided into industrial property and copyrighted works.

As mentioned earlier at the moment the Internet is a place where intellectual property rights are violated every second. Any song, movie, book etc you can download free pirate sites for a couple of minutes. And the more the Internet develops the more and more often rights are violated. The function of information and telecommunication networks, including the Internet, is actually to transmit information. This is the reason for the peculiarity of relations arising from the use of the Internet: they are all closely related to the transmission of information.

In my opinion, it is also necessary to carry out reforms that will encourage people to purchase licensed products instead of pirated copies. After all, if you look at the state of Affairs, a huge number of people buy pirated products, without thinking about the fact that you can not do so. Therefore, it is necessary to develop self-consciousness in people and show them the advantages of licensed products.

In connection with the development of communications and the entry into the information age, the development of measures for the protection and protection of intellectual property rights is a very important factor. With the development of the Internet there are many opportunities without leaving home to buy music, movies, books, etc. there is an imperfection of legislation, as well as protection technology, a huge amount of information (especially multimedia) becomes easily accessible, as an example: a huge number of sites where you can download music, film, book for free. But clicking on the “Download” button we violate the rights of the Creator of this product. We do not take into account his efforts, the forces spent on this, for example, a song.

It is necessary to solve problems of this nature through innovations: the development of methods of protection against database hacking, etc. After all, the development of modern technology provides a person with wit a lot of opportunities not only to commit a crime against intellectual property, but also to remain unpunished. It is necessary to combat piracy not only technically but also legislatively by establishing and improving legislation and legal acts.

Perhaps by giving people a normal standard of living and confidence in the future, we can partially cope with the problems of intellectual property. At least they won’t be as sharp and extensive. And already then it will be possible to speak about observance of the law on intellectual property.

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The American actor Max Amsterdam has a famous quote that goes like. (2019, Nov 26). Retrieved from https://studymoose.com/the-american-actor-max-amsterdam-has-a-famous-quote-that-goes-like-example-essay

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