The Trade Of Intellectal Property Essay

Custom Student Mr. Teacher ENG 1001-04 20 March 2017

The Trade Of Intellectal Property

Intellectual property of recent has brought problems in the world especially in the mining industry.

 In recent years owing to factors such as underdevelopment in mining areas, government policies and increase labour cost has brought mining companies to situations that are complicated.

 You will find that in the mining areas, problems have started emerging between the companies mining and the indigenous people. Most companies want to strengthen and protect their intellectual property. For strengthening intellectual properties at this time where indigenous companies want also to exploit the resources in their country, they may be tempted to copy right the intellectual property of the international companies. This has been seen in Nigeria where oil companies are in a constant fight with the indigenous people. [1]

 Although strengthening intellectual property is extremely very important for companies in mining industry, they should also be able to address the effect of monopoly to allow competition.

 From the lawyer’s point of view, when intellectual property rights are infringed and the company is in a different country which is not the home country it becomes very difficult for a lawyer to know where to file a complaint. The International Association of Intellectual Property Rights has come up with Anti-trust law to protect intellectual property anywhere in the world.

The unfortunate will happen when a country’s political wing uses local companies to infringe the rights of multi-nationals. The local companies may have nothing to loose whether taken to international court or a local court. Am saying so because, if they are taken into the local courts, they will be protected by the politicians who assisted them to infringe the rights of the multinationals. [2]

 In order for the lawyer to succeed strengthening of the law, protecting intellectual property must be put in place. This will include; the signing of Anti-trust law by all countries, the removal of monopolies in mining areas, providing incentives for researchers in countries affected, developing the mining areas, providing procedures for companies going international, giving necessary funds to local companies that will want to exploit their resources.

Also we should establish strong patent courts that will address issues like the area of jurisdiction, how information is corrected, solving and providing compensation for the local communities.[3] The Anti-trust law that protects international companies that are operating in countries other than their home country should not be used to suppress the developing world. The law should be clear where will the lawyer go to if a country in question is under sanctions from the United Nations. Otherwise, the Anti-trust law may be applicable in some areas and not applicable in other areas.

REFERENCES

  1. Eugene Keith, Intellectual Property Rights in the Global Economy, Peterson Institute,2000
  2. James Fawcett, Paul Torremans, Intellectual Property and Private International Law, Oxford University Press, 1998
  3. L Bosworth Derek, E Webster, The Management of Intellectual Property, Edward Elgar Pub, 2006

[1] James Fawcett, Paul Torremans, Intellectual Property and Private International Law, Oxford University Press, 1998

[2] L Bosworth Derek, E Webster, The Management of Intellectual Property, Edward Elgar Pub, 2006

[3] L Bosworth Derek, E Webster, The Management of Intellectual Property, Edward Elgar Pub, 2006

 

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