The Intellectual Property Barriers to International Trade and Countermeasures
The Intellectual Property Barriers to International Trade
AbstractThe aspect of intellectual property law is distinctly complied by individuals and nations across the globe. The study will indicate the respective countermeasures set by the World Intellectual Property Organization and World Trade Organization to protect and maintain respect to creativity and invention in a bid to keep the economy safe. It will investigate the manner in which intellectual property law has been violated in the courts where its force is not valid. It will narrow down to the specific individual proprietors through the aid of the methodology asserting the respective barriers which they engage to sophisticate infringe as a platform to absorb the law. Further, it will establish a survey indicating the platform in which the underdeveloped countries have established a strong belief in violation of intellectual property rights to introduce new commodities in the market. It will assert the level of sophistication enhanced by the infringers due to the respective beliefs. Further, it will elucidate a platform in which the beliefs can be confronted to restore the force of intellectual property law at the court in the underdeveloped states.
Table of Contents
TOC o “1-3” h z u Abstract PAGEREF _Toc418371895 h 11Chapter One PAGEREF _Toc418371896 h 31.1Introduction PAGEREF _Toc418371897 h 32 Chapter Two PAGEREF _Toc418371898 h 72.1Literature review PAGEREF _Toc418371899 h 72.2Countermeasures PAGEREF _Toc418371900 h 82.2.1Trademark PAGEREF _Toc418371901 h 82.2.2 Patent and copyright PAGEREF _Toc418371902 h 92.2.3Trade dress PAGEREF _Toc418371903 h 102.2.4Trade secrets PAGEREF _Toc418371904 h 113 Chapter Three PAGEREF _Toc418371905 h 133.1 Methodology PAGEREF _Toc418371906 h 133.2Barriers of intellectual property rights PAGEREF _Toc418371907 h 133.2.1Counterfeiters and piracy PAGEREF _Toc418371908 h 133.2.2A high level of corruption in the underdeveloped countries PAGEREF _Toc418371909 h 153.2.3Negative technological beliefs PAGEREF _Toc418371910 h 183.2.4Negative beliefs among the nation PAGEREF _Toc418371911 h 223.2.5 Lack of compatibility with culture PAGEREF _Toc418371912 h 274 Chapter Four PAGEREF _Toc418371913 h 294.1 Survey PAGEREF _Toc418371914 h 294.2 Resolutions to curb the barriers PAGEREF _Toc418371915 h 294.2.1 Law adjustment PAGEREF _Toc418371916 h 294.2.2 Engagement of the media to help change the underdeveloped psychology PAGEREF _Toc418371917 h 294.2.3 Western intervention in the underdeveloped countries to absorb corruption PAGEREF _Toc418371918 h 304.2.4 Assertion of limitations in technology PAGEREF _Toc418371919 h 314.2.5 Establishment of effective approaches to absorb the negative beliefs PAGEREF _Toc418371920 h 324.2.6 Cultural reformation of underdeveloped nations PAGEREF _Toc418371921 h 325 Chapter Five PAGEREF _Toc418371922 h 335.1 Conclusion PAGEREF _Toc418371923 h 33Work cited PAGEREF _Toc418371924 h 36
1Chapter One1.1IntroductionThe economic state today extends in a wide range where people from different regions enhance extensive thoughts to manipulate business in a bid to influence economic stability. It is an aspect which emanates from the need for growth and establishment of a poverty free phenomenon in the global society. Evidence indicates that the western nations take the first priority in claiming the aspect. It is a concept which involves the establishment of a legal platform for the ownership of property (Helfer 1). The aspect establishes a mechanism in which the subject possessor of the product attains adequate right to merit income from the product without the influence of other people in the society. Evidence asserts that it is a platform engaged to manipulate fairness and freedom to engage business. Information indicates that the intellectual property rights cover a wide range of commodities in the society. In a more critical review, it is applicable in the court of law where it provides the basis for prosecution of property infringers.
It is evident that in the western nations its value and effectiveness exceeds the indigenous peoples’ intellectual property law where the judges engage the platform to the point of incarceration and fining of the respective perpetrators. It is evident that the intangible products in the society uphold a significant portion of the economy where their proprietors provide them in the society as a source of income. Evidently, such products attract revenues to the governments; hence, manipulating economic stability. They entail the influence of art and literature where musicians, authors, freelance writers and other designers earn their living. In a more critical review, such products play a sociological role enhancing culture in different communities. Evidence asserts that the industry is dynamic and the cultural status of distinct communities changes in relation to the products dynamism (Bhat 400). For instance, music is a very dynamic product which changes from time to time. The aspect has over the years led to the diversification of the products. For instance, the growth of reggae music, hip hop, java music and dancehall music established within different periods. Evidence indicates that the mass change is absorbed by the current type of music; thus, influencing cultural dynamism. Such a platform has been manifested in different art occupations, for instance, drawing, painting among others. In a different perspective, the output of art and literature upholds unity among different communities.
Evidence indicates that the aspect of music is a leading platform in the society which strives for human freedom from the enhancement of unfair policies by the governments among other administrative bodies. Evidence indicates that the United States of America and United Kingdom realize the importance of art and literature where they endorse the entire globe to back the industry. It is an aspect associated with maintenance of due respect to the output of the industry to spur economic stability in the society (Kewu 10). In a more critical review, they view the platform as a mechanism of creating employment opportunities to avoid idleness in the society. Further, they state that it is a platform which intends to absorb poverty through manipulation of income in the industry. In a more critical review, in the western countries crime and other dubious acts endured a significant declination. The situation accrued a condition where the intellectual property rights were put into consideration and enforcement of law engaged value and validity in the industry. Evidently, the law implements and investigates originality of the product in order to award the creator. The platform has allowed individuals in such countries to engage loyalty to the intellectual property rights for the good of every individual in the society.
Fig.1 Overview of art’s contribution to the developed nation’s economy
It is evident that the intellectual property rights foster adequate respect and honor of talent where a person is not undermined in his level of creativity. Such a platform provides a mechanism in which competitors can be weighed by the society. It is a system which allows it to conclude on the artists who enhance maximum creativity and adequate exploitation of the talent potential; thus, attracting a system for engaging adequate rewards (Matsushita, Thomas and Petros 141). Such a platform is engaged in the developed nations where it has significantly manipulated the economic growth and eradication of the poor phenomenon. In a different perspective, the underdeveloped nations realize the aspect as an intrinsic tool in the economy. Evidence indicates that a large portion of artists from such nations embrace it at the national level. Critically, capital and inadequate support from the governments absorb their aspiration to engage effective extension to the international level. It is an aspect associated with the creation of art and literature work in their cultural phenomenon to reach only segments within their region. Such a platform minimizes their chance to extend their profitability and grow.
It is an aspect associated with language. For instance, some musicians produce their products in a vernacular language where such an act prevents a large portion of the international community from engaging adequate interest in them since they have no intrinsic benefit to them. In a comparative approach, the intellectual works enhanced by the Western nations manipulate a global culture where such a platform insight the entire international community while the underdeveloped nations embrace regional culture (Hoon Ang et al. 226). Such a platform limits their extension to the international trade in a certain perspective. In regard to such conditions, the products contribution to the economic status is minimized since the challenges in the industry exceed the platforms in which fate can be realized. It is evident that the intellectual property rights have been enhanced in the underdeveloped countries to insight the work of creators. Such laws are provided to be upheld in a similar platform as America so that the proprietors can remain secure. It is a concept which aims at spurring talent exploitation. However, investigation indicates the force of law in implementation and advocating for the compliance of intellectual property rights is weak in a certain perspective. It is a concept which provides a loophole for piracy and infringement of property ownership. Logically, the concept assumed the effect of resource theft in the economy.
Fig.2 Illustration of economic effect due to piracy in the underdeveloped countries
The aspect of piracy associates economic consequences in the society where proprietors loss hope in trade; hence, attracting poverty. In a different perspective, the approach manipulates emotional consequences where the developed countries undermine the dignity and sovereignty of the underdeveloped states (Naghavi 63). Evidence indicates that such emotion associate the economic effect implicating the industry in the sense that they undermine it. The study seeks to analyze the barriers of intellectual property rights where the fact that a pace of change is realized in the application of the platform, change can only be realized in the industry through adequate change of views and beliefs of the underdeveloped states.
2 Chapter Two2.1Literature reviewThe federal government of America realizes the output of art and literature as an intrinsic resource in the economy. The platform has been enhanced in different approaches and supports granted by the government to the proprietors so that they can extend their scale of productivity and influence a large community. They intend at maximizing their revenues where the government benefits a certain portion of such income. Regarding the concept the government embraces certain countermeasures which uphold the respect and dignity of key subjects in the industry. It is a platform where the intellectual property rights have been upheld to maintain adequate security to the proprietor’s output (Maskus 689). The law stands firm in the violation of any right. Evidence indicate that the violation of such rights attract extreme fines which establish a suitable phenomenon in the industry where loyalty to the products is maximized. The platform advocates for an ethical concept where the growing subjects in the industry employ their effort to merit from their originally created products. It is a concept which allows them to consider creativity and invention. Statistics indicates that the western countries uphold the largest number of subjects in the industry as compared to the underdeveloped countries. Such deviation emanates from the intrinsic policies enhanced in the intellectual property rights and effective enforcement of law to ensure that every individual in the country obeys the rights.
In a more critical review, America upholds the largest figure of authors and prominent musicians engaging the diversified segments of music. It is a condition that upholds the economic status of America in such a position. Evidence indicates that the southern states of America contribute a larger portion of the industry’s growth as compared to the northern though globally America leads in the industry. The incorporation of intellectual property protection is traced back in 16th century when the first copyright was enacted (Jie 5). The statute was enhanced by the government of Great Britain. It entails the statute of Ann which forbids the aspect of copying. It is a provision which allows authors to celebrate their work and merit adequate income from the respective outputs without external interference which incites piracy. Such an aspect has upheld the role of publishing and printing where the provision of the right to engage such task emanates from the proprietor. In addition, the sole power of the right is confined in the constitution where its violation attracts adequate action by force of law to reward the proprietor.
In the second perspective, the first patent was realized in the 19th century when the statute of monopolies was established. Such an act associated the need to protect the creativeness of invention in the industrial base in regard to the possession of specific skills which influence the establishment of a significant quality of output. It was enacted by the government t of England. In a more critical review, the intellectual property rights have been enhanced to spur global protection of property where the international market can take its adequate phenomenon. Such policies are in addition embraced by the World Intellectual Property Organization and the World Trade Organization to ensure that proprietors engage the international market.
2.2Countermeasures2.2.1TrademarkEvidence asserts that the intellectual property rights associates the trademarks which are enhanced by respective companies. It intends to protect property and restricting a brand from violation by the respective competitors. It is a cure to the situation where some companies produce substitute commodities to the competitors and use their brand to absorb their customers and merits more profitability. Critically, such a platform undermines a company’s reputation where it is not able to make the perceived sales since violation of the brand attracts absurdity among the consumers where they end up meriting one company. Information indicates that many companies around the globe have endured such crisis where they lose a lot of sales (Cheng 7). In a more critical review, the intellectual property law restricts that every proprietor should uphold a unique trademark which is not possessed by another person. Sources indicate that most of the American companies use social media to inform the society on their respective brands in order to create awareness and avoid the implications of violation. It is a task which associates additional description of the product in order to enhance the adequate distinction of the from the competitors’ output to the consumer.
2.2.2 Patent and copyrightIn the second perspective, the intellectual property law gives adequate provision for the creation and invention of products. Such an aspect associates protection of expertise and ability to come up with distinct new commodities in companies within the society. The concept has been enhanced in the world trade organization member states to keep the traders secure in a bid to extend the economy. Information indicates that the scope of a patent extends to a certain platform where it restricts the sale of a product where one should not provide it to the consumers without the inventor’s consent. In addition, it excluded members of the public from duplicating it or producing it in their name so as to earn profits. Information indicates that the infringement of a patent is approached through the civil law in the United States of America where remedies are recovered by the plaintiff if the defendant is found guilty (Sheng 13). However, if the defendant is found innocent, he or she has a right to indemnity in the sense that the plaintiff engaged inadequate alleges. In a different perspective, the intellectual property law confines industrial designs through the design rights.
Such an aspect emanated with the industrial extension where many industries producing substitute commodities violated design. It is a concept which intends to take advantage of a skill from another industry. Sources indicate that such a behavior emanates with certain employees hired within a certain industry where they retrieve the information associated with the production of a certain design of a product. Therefore, once they absorb the platform they manipulate resources to set up their industries; thus, engaging competition (WAN and Hua-wei 8). Evidence it indicates that such a violation attracts a fine of more than $1 billion. In a more critical review, the intellectual property law observes the aspect of piracy through the establishment of strict copyright responses to infringement of the work of art and literature. The industry is more sensitive than the others in the sense that many proprietors engage it. Therefore, it is challenging to control the output since they are overwhelming to investigate. Sources indicate that it is a problem associated with authors, musicians and freelance writers where the most of them intent to copy the work done by a certain person. Evidently, the intellectual law on copyright intends to secure a place in the economy for respective individuals in the society talented in such roles. It is a platform which will allow them to grow and earn their living through engagement and exploitation of the talent. Further, it intends to extend the output to the globe where profitability can be realized in a large proportion. Information indicates that the right confines a larger group of proprietors entailing authors, musicians, publishers, painting, photographs, television broadcasts, scriptures and drawings among others. The concept intends to secure their output.
2.2.3Trade dressIn a different perspective, countermeasures are asserted by the intellectual property rights through the assertion of trade dress. It is a platform which suggests that the characteristics of a proprietor’s product should be unique from the other substitute commodities. For instance, the structure of a book or music should have no close relationship with any other proprietor’s style in order to establish a distinction which can be realized by the consumer. The platform intends at allowing a proprietor to merit sales of his or her respective output in truth. In a more critical review, trade dress aims at absorbing absurdity which may arise among the consumers due to the extreme relationship of the products.
2.2.4Trade secretsAdditionally, the intellectual property rights associate trade secrets which involve the establishment of a formula for presenting the output. It is a mechanism which will keep the proprietor free from the effect of competitors. Evidence indicates that the rights and approaches are embraced by the world trade organization with an incentive to manipulate international trade on both the tangible and intangible assets (Yu-rong 16). However, they are only valued in the western countries where growth and development have extensively been realized in the industry. Evidence indicates that the distinction of the products provides a necessary platform for progression in the industry. In contrast, the underdeveloped nations realize a small portion of growth in the industry due to their minimized ability to engage them and apply maximum validity to their enforcement in court.
Critics indicate that a large number has been traced in the violation of the policies within such nations where they have been set free from the force of law. For instance, in India the intellectual property rights have no place in the economy. Such a condition absorbs the work of literature and art where even the talented have no interest in engaging the industry. They have the fear that engaging it will attract great loss of resources employed in their work since the output is not protected. It is a concept associated with cultural influence where once a person establishes a certain product it is assumed to belong to the entire society (Song 7). It is a perspective where any person can produce a similar product and sell it in his name with no benefit to the proprietor. It is evident that since the advent of the intellectual property rights the underdeveloped countries have never realized their role in the society in a significant manner. Some pace of fate is realized in Brazil and China where a significant figure is applying for the rights in regard to the possession of the property. However, other communist nations and underdeveloped states uphold the negative beliefs towards the industry. Evidently, an adequate backup of the intellectual property rights will only be realized by making reform of the respective beliefs in order to spur the adequate enforcement of the law. In an additional view, a specific faculty of law should be enhanced in higher academic institutions. The approach will intend to train respective lawyers who will be levied the task of upholding adequate force of law to the infringement of the intellectual policies.
3 Chapter Three3.1 MethodologyThe enforcement of intellectual property law at the court in the underdeveloped nations is not effective in streamlining the society to grant maximum respect to property in terms of creativity and invention(Sheng, 12). It is a platformassociated with distinct barriers of complexity which associatescertain beliefs in the underdeveloped nations’ business phenomenon.
3.2Barriers of intellectual property rights3.2.1Counterfeiters and piracyIt is evident that the underdeveloped nations have realized that the work of art and literature can be employed as an economic tool to enhance their earnings and economy. Evidence indicates that the African and Asian countries contribute a large portion of the respective artists who engage the platform. Investigation indicates that few of them are talented towards the industry while others engage heinous approaches to introducing products in the market or to extend their output to the consumers in the society. It is a concept associated with the extreme violation of the intellectual property law where they engage duplication. Information indicates that they have become clever than the respective owners of the particular products. It is a concept in which the pirates engage maximum technology in production to ensure that the output reaches the consumer with a very slight different to the original product. Information indicates that the infringers have engaged the platform to violate the validity of the law (Sheng 7). The concept entails a platform where the pirates apply a slight difference to attract absurdity in the court where a lawyer is not able to hold the respective pirate responsible. Evidence indicates that the concept associates a profit maximization incentive where the pirates intend to enhance their level of sales.
Sources indicate that such an approach is associated with respective individuals with a clue of the talent where they are not physically talented but aim at earning their living through the platform. Such an aspect has been extensively realized in the underdeveloped nations within the output of art and literature. In a different perspective, the concept is associated with infringement of patents and trademarks where a large population undermines products from distinct companies. The aspect associates a particular platform where the infringers use similar ingredients to produce a particular product. They extend it to the market through the aid of the competitor’s trademark in order to capture the respective market share towards the product (Ruse-Khan 56). Information indicates that such infringers engage a particular behavior where they involve a certain description within the product to absorb the consumer’s trust; hence, merit the opportunity. A good example entails a coalition which occurred between Unilever Company and a detergent company in Mozambique, which produced a product and used the brand Amo with an aim of confronting Omo’s market. It is evident that the aspect rose great effect leading to the payment of a lot of money due to the rights infringement. In a similar perspective, music idols engage the platform in the name of music promotion where some musicians absorb the methods used by the respective music creators to discharge their output. Such an aspect violates the right of copyright allowing them to merit from another person’s output. In a more critical review, publishers expose artwork to the consumers where such a platform allows them to merit from another person’s product.
The behavior is highly condemned in the United States of America where it advocates for true ownership of artwork through adequate observance of the intellectual property rights. Evidence indicates that the behavior is associated with a profit maximization platform incentive, and a cultural belief among the respective individuals that the developed nations endorse the rights to uphold a larger market opportunity absorbing the underdeveloped. In addition, they believe that the developed countries are better than the underdeveloped where without violating the rights they will never reach their aspiration (Brewster 1). Evidence asserts that it is possible for such nations to meet such aspirations if only they engage the intellectual property rights. It is evident that the idea of intellectual property rights will influence the ownership of artwork; hence, spur the incentive for innovation and creativity among the interested individuals in the society. Information indicates that the concept of piracy has confined the law through enhancement of technological systems which hide the true identity of property ownership; thus, influencing the law’s validity at the court. Evidently, such an approach is engaged by the underdeveloped nations where it undermines their economy in a certain perspective where their outputs keep on rotating on one product. Evidently, there is the need for the nations to realize that they should stop the behavior and engage diversification and witness the extensive growth of the economy.
3.2.2A high level of corruption in the underdeveloped countriesIt is evident that corruption absorbs a significant portion of the economy within the underdeveloped countries. It is a concept highly embraced at the national level and across the boundaries of the underdeveloped countries. Sources indicate that it is a dubious sympathetic platform where the countries stand against the intellectual property law claiming that it is indeed the barrier to their economic prosperity (Sell 14). The aspect has endorsed nations to establish a good social network where the concept is engaged under the governments cover. In a more critical review, the concept of intellectual property law intends to secure the ownership of the property to the respective creator and inventor. The approach allows them to merit income as a result of hard work and commitment in the industry. Evidence indicates the intellectual property law intends to maximize the level of respect among entrepreneurs and individuals in the society. Sources indicate that most of the affected countries entail the African nations and countries from the Middle East especially India where the intellectual property rights are not considered. It is evident that the respective individuals who wish to exploit their talent within such nations have declined their ambition. The decision accrues loss of interest since even after engaging the platform the product will have no value in the market for a long period.
Further, they will not merit benefits as perceived. It is evident that the respective governments have installed a respective belief among the people. They assert that it is through corruption where they can pave a path to prosperity in the exploitation of the respective output of productivity and creativity. In contrast, the developed nations have effective, ethical applications which uphold the economy in a certain perspective where they ensure that property ownership is restrained to the respective owner. It is a platform associated with strict laws which are applied in the enforcement of intellectual property rights. Therefore, elimination of corruption fosters the developed nations’ ability to restrain ownership of a property to the respective creators or inventors. Evident, they have influenced the public to comply the rights for the good of the nation. In a more critical review, the government has installed a positive view of the intellectual property view among the residents where they struggle to attain property and wealth in truth. Information indicates that the concept has uplifted authors, musicians and photographers among other professions in the society allowing them to earn a living and uphold the American economy. Information asserts that such a platform has enhanced adequate maintenance of property (Vida 265). The platform creates morale to the residents to engage distinct opportunities in a bid to restore economic stability and growth in the nation. Statistics indicates that most of the art and literature artists who have won for exploiting extreme talent in the distinct industries emanate from the United States of America. Evidence asserts that the behavior associated with the underdeveloped countries raise tension in the relationship with the developed nations.
It is a condition where American countries wonder why the intellectual law enforcement has not performed in the underdeveloped countries where poverty is the cry of the people. Such questions seek answers which will cure the implications associated with the violation of the intellectual rights in the international trade (Naghavi 57). They are in fear of the influence of their economy. Evidence indicates that they argue that the incorporation of the law can spur economic growth since the establishment and growth of the distinct industries will spur employment opportunities shunning idleness in the society. Evidence indicates that the law within the underdeveloped nations has no force in relation to the political leaders. Evidence asserts that the constitutions of the respective nations endorse the maximum power of the law over heinous acts in the nations where in reality what is done is the contrary. In a more critical review, the practice is associated with a strong backup of the political leaders in the act where to some point they tend to elucidate their level of stupidity. Logically, they should stand firm with the law in order to ensure that intellectual property is truly owned by the respective creators or inventor. Critics assert that they play an intrinsic part in such dubious trade where they fear that the implementation of such laws will impact them; thus, withhold their level of profitability. Evidence indicates that the leaders provide adequate resources to the youth to seek effective technological tools which can be used to enhance the sophistication of the outputs in order to violate the force of the law. It is a platform where they employ large amounts to ensure that every act is covered, and the law cannot unfold it.
Evidently, such a platform has withheld the economic methods in which fate can be realized by the underdeveloped nations within their economy. Such a platform makes the intellectual property law to be a low priority; thus, engaging such a trade. In a comparative approach, the governments which stand firm with the intellectual property law have a great economic deviation which entails Canada, Finland, Italy, Norway and American states. Such deviation provides a basis to realize and conclude the value of intellectual law in international trade and economy. It is evident that the political leaders provide a respective basis in which the infringers can flee prosecution from the respective nations so that they can remain secure and engage the crime. Evidently, such an act spurs their potential to engage the platform without consideration of the negative effective associating the economy within their nations (Naghavi 64). Further, the effect of their economy has a significant influence to the downfall of the international economic stability. Therefore, the act has turned the underdeveloped nations to view it as a normal activity where the law has no power in the court. Evidently, the western nations should analyze the behavior in the sense that it enhances a significance effect in the global economy. Such effect keeps on accumulating each and every day where critics assert that it will at long last establish an economic crisis in the globe. It is an analysis that will shed light to them that the underdeveloped nations will never change their belief if the political leaders embrace the acts and stand on the side of infringers.
3.2.3Negative technological beliefsThe advent of technology intended to shed the economy into light through the provision of a platform in which efficiency within production, display of products and point of sale would be enhanced. Evidence indicates that efficiency at production would accrue a particular platform where the interval in which replenishments are made would be frequent. In the second perspective, the aspect of display and sale would associate computerized approach where stocks in display would easily be regulated. Additionally, technological advancement intended to influence privacy and that data security would be enhanced where confidentiality in businesses would take its value (Bhat 402). In a more critical review, such an approach is intrinsic to the growth of a company. Evidently, the disclosure of secrets about the entity to the society provides a sufficient phenomenon where the respective competitors can take effective strategies to undermine their market potential. Evidence indicates that the venture of technology today in the world of business plays such a vital role. In the other aspect, the concept was incorporated in order to provide an adequate platform in which entrepreneurs could expose their products to the society. The approach allows them to create awareness to the consumer phenomenon about the provision of the products in the market.
It is an advertisement strategy which intends to capture a large figure from the society maximizing profits in an entity. In a more critical review, such technological enhancements involve the establishment of web pages on the internet asserting respective products from certain entrepreneurs and proprietors. Further, it has been enhanced in a certain platform where televisions can expose such products through adequate display of the product at the screen. Such a platform increases consumer interest in that it creates adequate awareness. It is a concept where if an entrepreneur invents a certain product, it is displayed to attract consumers. In the industry of art and literature, created music is presented in order to allow the society realize that the product exists in the society. The concept intends to endorse them to go for the products from the market and buy. Evidently, the engagement of such positive intentions of bringing technology to the society would bring new entrepreneurs and proprietors to the top level meriting their perceived income (Naghavi 71). Evidently, such an aspect is realized in the western nations where technology is enhanced in the perceived platform. Evidence indicates that American states employ technology to make work easier, efficient, effective and more secure. However, the underdeveloped nations employ its kindness as a source of power to violate the intellectual property law where property should truly owned by the inventor or creator. It is a concept where the society has sought technological advancement to complicate the legal platform which should be enhanced by the introduction of a new product in the market.
The sole purpose of such an act is to absorb the effect of intellectual law allowing proprietors to take advantage on one another. Evidence indicates that the western nations have established a platform in which the work of artists in art and literature is respected. Such an aspect associates the fact that effective enforcement of the law within the courts towards rights’ violation absorbs the infringers. In a more critical review, it is easy to enforce the intellectual property law within the western countries because the people realize the role and importance of the law in the society. Therefore, a large fraternity backs the intellectual property rights. When one intends to violate them through technological complexity, the court unfolds the aspect in the sense that the remedy which it will provide will be adequate to the largest portion of the fraternity. Evidence indicates technology within the underdeveloped countries attracts an opportunity to escape the law in a certain perspective (Bhat 396). In the first place, the people believe that the approach is a tool to establish loopholes where they can extend their income fate. Contrary, it is a platform to undermine their GDP and international trade. It is evident that such a behavior attracts an opportunity for a global economic downfall. Statistics indicates that the platform has established a way in which a significant figure has provided its output in the market. Evidently, such a character undermines the respect of the talented proprietors and entrepreneurs in the respective industry. In a certain perspective, the practice is humiliating because some of the proprietors are talented in the work of art and literature where they cannot earn from any other opportunity.
Therefore, the infringer absorbs their chance of fate and ultimately the global economy. Information indicates that such beliefs on the intellectual property rights have been enhanced in distinct area of technology. In the first case, it associates photographers where a technical approach is enhanced to ensure that a person can access the ability to produce identical and perfect photographs as another person can do without the use of technology. Evidence indicates that such an aspect is common with the media stations where they tend to compete with one another in a bid for a large area of popularity in the society (Fukuyama 14). It is a concept associated with sound complication with the aid of technology in order to absorb the competitor’s ability to excel in the market. Information indicates that such stations study the consumer behavior where they realize the intrinsic factor enhanced by the competitor to the consumers.They engage technological research to sophisticate their systems so that they can impress the society and absorb the validity of the intellectual property law. Critically, such a character asserts that it is a belief within the underdeveloped nations that an individual cannot establish or invent a platform which exceeds the competitors approach. In the second perspective, the concept of technology provides an adequate pace where copying someone’s work is the song of the day. It is an aspect where proprietors who are not creative tend to seek technology as a tool of upbringing their incapability through duplication of the work done by a respective person. Such an aspect undermines the dignity of the sole proprietor of such work absorbing his or her level of income. Information indicates that technology has established a platform in which authors and freelance writer’s work can be infringed by respective offenders with an aim of using their level of intelligence to dominate the market.
Evidently, the platform absorbs the law from its effect and ability to make effective prosecution to the respective infringers. In the third perspective, technology upholds internet as a tool to connect the globe together to share intrinsic information affecting every corner. Such an aspect associates involvement of entrepreneurs and proprietors within the platform in order to engage the society and assert awareness of their respective products (Wee, Soo-Jiuan Ta and Kim-Hong Cheok 29). Evidence indicates that a large portion is benefited by the concept to a certain level where the effect of intellectual property right implicates the perceived goal in a negative perception. It is an aspect where the products are exposed to the community in a manner that the creators or inventors have not recommended. For instance, music is not supposed to be played on YouTube before the musician approves such an aspect. However, some business people engage it in order to merit a large portion of the benefits where they sell it as their product.
In a similar perspective, the authors endure the same challenge in that their books are presented on the internet without their consent; thus, absorbing their profitability. In a more critical review, technology has been enhanced to absorb the inventor’s skill in the work of art. Evidently, an infringer is given a provision to produce his or her products in a manner that resemble another person’s work. It is a concept which involves complicating a book or music such that the law cannot detect the material relationship between the products and issue a conclusion demanding sufficient prosecution. In a more critical review, the aspect asserts that such technological characters have installed a strong belief among the people in underdeveloped countries. It states that they cannot engage creation without the aid of technology to sophisticate the work of other individuals (Seeratan 339).
3.2.4Negative beliefs among the nationThe sole consumer of the underdeveloped nation’s intellectual law enforcement entail the negative beliefs towards the western where they view them as the main parasites of their strength and struggle in the output of art and literature. Such a perception has been accrued in the intellectual property rights within the nations where they view them as a drawback to their fate. They believe that such rights extend beyond their financial capability where they require adequate capital in order to obey them (Xiu-juan 4). In a more critical review, the intellectual property rights enhanced by the Western nations in a global platform aims at protecting the economy at large. Such an approach will occur through the provision of an opportunity for every individual in the society to seek his or her fate in a secure phenomenon where the property is owned by the inventor or producer. However, the underdeveloped countries view such a platform as a limitation which intends to put some people at the top of the economy leaving the others behind. Logically, western nations have a critical view towards the aspect where they intend to engage the society. It is a condition where the best-skilled persons in the society in the production of a certain intrinsic product can attain the chance of upbringing the product to the market to benefit the entire community.
Secondly, they view the intellectual property law as a tool to ensure that quality is enhanced in production since it allows the proprietor to engage production without the influence of other people in the community. In a different, perspective, they believe that such an approach will establish a way in which the unemployed in the community will find opportunities; thus, shun idleness and engage intrinsic economic roles. Further, such an approach will minimize poverty in a significant capacity where the rate of dependency will reduce. Evidently, the nation’s view such aspect in the country where they strongly stand against the intellectual property rights as an influencing factor to poverty and inadequacy of wealth in a country (Smith 211). Therefore, they conclude that such rights are made to guard property within the western nations and not the developing countries. Such approaches have absorbed the force of the law where every person within the nations views the concept in the same manner. It is a behavior associated with the political leaders, lawyers, medical officers, musicians and other professions where nobody is ready to shed the others into light as perceived by the Western nations. There is a great deviation from the manner in which the intellectual property law is bounded by the western nations and the underdeveloped nations. Consequently, there is also a variance in the economic stability in the western nations where such a condition arises as a conclusion to the compliance with the intellectual property law. Evidence indicates that the courts have failed to manipulate adequate enforcement of the law to infringers’ through prosecution.
It is evident that the underdeveloped countries engage such a behavior terming the intellectual property rights as unfairness to their society where only few can reach their destiny if it is complied. The arguments assert that the underdeveloped countries engage a cultural belief where they should communally own a person’s property so that they can merit as a whole. Evidently, the government supports such an aspect where their influence endorses complete cover of the intellectual force of law where the belief absorbs every individual in the chain. In a more critical review, the underdeveloped nations have a certain belief that knowledge should be treated as a common heritage to mankind and availed all over in order to enhance growth. It is a concept associated with the belief that human beings should extend their level of creation and invention through the use of a particular persons’ property (Shuliang 60). Such a perceptions seconds the argument that the provision of such product in the society gives the rest a clue in which they can advance it and establish new commodities. On the contrary, the truth lies in the fact that such an act establishes a platform for duplication of the product. In a more critical review, it endorses some of the people to retain their inability to engage creativity and invention in the sense that they rely on other people’s work. Evidence indicates that such arguments have extremely consumed the law’s effect. It is a concept which endorses lawyers in the court of law within the underdeveloped countries to understand such a situation setting intellectual property infringers free from prosecution. Evidence indicates that such a behavior raises tension among the western nations where the aspect will eventually extend and absorb their economy in a certain perspective.
It is complain associated with the international trade where if the subject infringer engage their heinous acts to the products of individuals in western nations. Such an aspect will undermine dignity and integrity of creativity where the product will associate low value. In a different perspective, the underdeveloped nations have a believe that the compliance to the intellectual property right will endorse them to earn less as compared to the individuals from the western states. Such an aspect associates an influence where the subject proprietors in the underdeveloped countries opt at benefiting from one another. It is a belief which intends to establish a slight distinction between the original products and present it in the market. Such a character absorbs the economy in a wide range without realization of the involved infringers. Evidently, the respective creator or inventor of the respective product is not meriting as he or she is perceived (Staake, Frederic and Elgar 332). The character has highly implicated the law where its effect is not recognized in the underdeveloped countries. Sources assert that the level of creativity within the underdeveloped countries is low as compared to the western countries where their products revolve around a single item. Such an aspect has upheld their thirds position in economic growth in the sense that they are gradually unproductive and cannot insight the globes market to buy or engage their products. Evidence indicates that the ratio in which the underdeveloped countries products pursue the market is constant attracting a similar consequence to the level of profitability. In a different perspective, the underdeveloped countries have a certain behavior where they undermine their sovereignty of extension in the world of business through creation and invention of products where the creator should own the property. In relation, they consider such an aspect as a tool for the foreign countries which deserve such respect. It is a sociological platform where they tend to engage a certain behavior that they lack the adequate confidence to engage the platform as individuals.
Evidently the concept undermines the talented individuals in the society where even after introducing new item in the market, the mass engage it as a communal property. Evidently, it is an act of discouragement which has led a large portion of talented proprietors to loss hope in creativity and invention. Additionally, they feel that the approach will absorb growth in technology and economy in the sense that their resources are minimized. Therefore, they believe that extension to such sectors can only succeed through the violation of intellectual property law in order to meet their aspirations and influence the sectors in a positive platform. In a more critical review, cheap, effective approaches have been enhanced in the society where they endorse them to engage infringement through the employment of low resources (Bhat 395). It is a platform which involves the incorporation of technological tools which manipulate effective loopholes for infringement. It is evident that the underdeveloped nations entail the black where their relation with the western states has not yet grown to age in the sense that they factor the concept of inconsideration. Evidently, the western nation entails a large population of the native whites who consider the blacks as a different species other than human. Therefore, the underdeveloped countries have such perception in the compliance of the intellectual property rights. They feel that even with due observance of the rights their products will not be considered intrinsic to the economy and due protection granted in relation to the law. Such a perception drives them to the conclusion that the intellectual property law will pave a suitable phenomenon for the western proprietors than the proprietors from the underdeveloped states.
In a different perspective, they view it in a certain angle that the compliance to the law will establish a good competitive phenomenon for inventors and creators from the western nations. It will endorse them to merit more benefits in a global platform. In a different platform, the underdeveloped states consider the aspect of classism which is enhanced in courts. In such a case, the rich absorb the fate the law through the provision of money for their discharge and humiliation of the weak in an industry. Such aspects endorse them to engage infringements. Finally, the governments of the respective underdeveloped countries support the platform on a certain negative belief that the enforcement of the respective laws in intellectual property rights will endorse price fluctuation in the market. It is a concept where they consider private ownership of property as an aspect which will raise a monopoly status. Therefore, they believe that manipulation of the intellectual property law in the community will provide a suitable phenomenon for the creators and inventors of the products to extend their prices since there are no close substitute competitors. Such an aspect associates the influence of equity at the court where the law cannot stand against the platform on the basis of price control within the reach of every individual in the community.
3.2.5 Lack of compatibility with cultureInformation indicates that the underdeveloped nation’s behavior to confront the intellectual law associates the respective deviation between the western culture and their cultural practices. It is an argument which seeks to assert that the intellectual property law intends to secure the western property and not the developing nation’s property. In the first step, it asserts that the intellectual property law will not provide adequate protection for their cultural expression and products. Such a perception asserts that engagement of the laws in the courts will only merit the western nations where they will have adequate exposure to their culture (Bian and Cleopatra 217). Critically, the culture within the underdeveloped countries is held as a tool of adventure where people from distinct regions visit them to celebrate such provisions. Analysis indicates that they involve archeological features, foods, human remains and intrinsic walls of adventure within the respective nations. Therefore, they claim that enhancement of such laws will limit their control over their cultural output which proves to be a crucial investment tool. On the same level, they claim that such enhancement will influence poverty in the sense that they will earn little from their cultural product since they are controlled by the western powers. In a different perspective, the concept of intellectual property rights embraces a condition where the product is based under the inventor or creator.
They assert that such an aspect associate intrinsic deviation where some are excluded from their culture. Evidently, they state that the output of art and literature should be shared by the people together in the community. In a different dimension, the implementation of effective intellectual property law is a great threat to the maintenance of indigenous countries culture. Evidently, the western countries foster the platform to insight design, transaction and commercial growth and industrial extension. Such perception confronts a condition where the western nations intend to uphold the respective output of art and literature to be an international product (Coombe, Steven and Mohsen 891). On the contrary, the indigenous communities believe that the product should be a commodity of the respective country where people will move from distinct regions to come and celebrate it. Such interest among the indigenous communities associates an income motive to violate poverty within the nations. The underdeveloped countries argue that the incorporation of intellectual property rights exploits their Cultural platform in a certain capacity. It is a concept which involves misappropriation of biological resources. The respective intellectual property law will provide a right for the western nations to extract genetic materials from the nations and patent them without provision of due benefits to the respective nations. Such an aspect undermines the underdeveloped nations where they violate them in order to escape such negative effects which may emanate with the implementation of the respective intellectual laws.
Finally, they argue that the main intention of the intellectual property law is to manipulate effective cultural dominance in the underdeveloped society. It is a situation where the western’s culture will take the priority ensuring that the culture in underdeveloped nations is less recognized. It is a strategic approach intended to absorb the value of underdeveloped nation’s culture (Xin, 15).
4 Chapter Four4.1 SurveyIt is evident that the enforcement of intellectual property law within the courts in the underdeveloped nations cannot be realized given the respective beliefs associated with the people are not disposed. Information indicates that China and Brail have engaged the platform in which the rate of patent and copyright application is realized. However, its implementation within the court is not adequate.
4.2 Resolutions to curb the barriers4.2.1 Law adjustmentIn the perspective of piracy and counterfeiting, the behavior has been realized to associates a certain negative belief among the underdeveloped nations where respect for intellectual property is minimized. Therefore, the condition can be confronted through the adjustment of the law to ensure that a significance consideration is manipulated to unfold the sophistication enhanced by the pirates in order to violate the intellectual property rights.
4.2.2 Engagement of the media to help change the underdeveloped psychology It is evident that the pirate sophisticates the Act where the law is unable to make a standing judgment towards the infringers. Therefore, the people’s belief can only be reformed through the engagement of media to extend awareness to every resident on the benefits of avoiding such an act (Jizhong, Zhang and Tang 7). In the first place, the government should assert standing actions to the media in regard to the violation of the intellectual property rights where they will serve as an example. It is a concept which will widely cover the media ensuring that the information they deliver to the residents is not pirated. In addition, they should ensure that the artwork which is pirated is not presented within the media stations. Evidently such an aspect will discourage pirates from engaging it further and enforce adequate force law in the court to the proprietors. Further, the media should discourage the public from acts of piracy in order to spur an adequate artwork economic phenomenon where transactions can be enhanced in truth. Evidently such a platform within the underdeveloped countries will terminate the negative belief of the people towards the intellectual property rights. They will realize their relevance and advocate for their implementation in the courts to protect property and uphold it to its creator or inventor. Evidence indicates that Brazil and China have engaged the platform though the problem still proceeds. It is a concept associated with the belief among the people that without engaging it they cannot realize significant economic benefits. In an additional view, the approach will uphold personal confidence on creativity and innovations where the people will change their negative believe towards invention and creativity in artwork. The platform will endorse them to realize the mechanisms in which they can produce outputs which reach the global community in conformity to its culture. Evidently, the platform will supplement their belief that they can only realize profitability in the industry through piracy and counterfeiting. Evidence indicates that the system will spur the market size realizing a large market share where they will earn and avoid piracy. In addition, they will establish the need for enforcement of the intellectual property law in order to secure their output from the violation.
4.2.3 Western intervention in the underdeveloped countries to absorb corruptionIn a different dimension corruption associates a negative believe among the underdeveloped nations towards the intellectual property rights. It is the belief associated with the strong motive engaged by corruption to violate the force of intellectual property law. Therefore, the governments from the developed nations should establish a certain platform in which they will monitor the underdeveloped countries governments. It is a task which will invite the governments to show a role model to their respective citizens. Sources indicate that the belief of the underdeveloped nations can be influenced by the assertion of ethical virtues within their political regimes. It is a concept which will involve the use of strategic approaches to change the governments. In the first place, it will entail a diplomatic engagement to influence them to realize the negative effects associated with the violation of the intellectual property law. In an additional view, the approach will involve the establishment of legal policies where all leaders should bind whose violation will attract immediate action. Such a platform will endorse the residents to realize the importance of the laws where it will provide an adequate condition for them to change their negative view towards the concept (Bhat 393). Further, use of force will be an intrinsic factor to insight change within the nations. It is a platform where the western nations will further extend to the individual proprietors who engage such violation defeating their governments’ control. Evidently, the approach will endorse the entire society to consider the intellectual property as an intrinsic tool to the economy whose violation will accrue an effective force of law. In a more critical review, the western nations should extend the intellectual property law. It should touch every corrupt aspect which intent to absorb the force of law where dubious acts will be unfolded and provide a base for prosecution. It is evident that corruption is a key economic absorber where its main intention is to manipulate a condition which allows an individual to escape the force of law. However, it can be effectively confronted through such approaches in the enforcement of intellectual property law at the court. Critically, if the system is not engaged the society will embark on the platform in that a specific belief on corruption as a breakthrough to their destiny is installed to them.
4.2.4 Assertion of limitations in technologyTechnology remains an intrinsic factor to the violation of the intellectual property law. It is an aspect associated with the termination of the intended role of technological incorporation in business. Evidence indicates that the proprietors engage such aspects to sophisticate the law; hence, absorb its power at the court. Therefore, the force of the law to the infringers can only be realized through the efficient disposal of such a belief among the people. Investigation indicates that it can be enhanced by the assertion of limitations in technology where the society will not extend the production and incorporation of duplicate products in the market.
4.2.5 Establishment of effective approaches to absorb the negative beliefsIt is evident that the negative beliefs among the underdeveloped nations endorse them into a condition where the law has no value in the society. Regarding the aspect, the enforcement of the law can only be enhanced through the engagement of effective approaches which will change the negative views of the underdeveloped nations (Prendergast, Leung Hing Chuen and Ian 411). In relation to the platform, the western countries should avoid their level of limitation in order to spur the respective underdeveloped countries to bind the intellectual property law. Such a perception will endorse the governments and courts to establish the adequate validity of the law to grant rewards to potential creators and inventors and prosecution to infringers.
4.2.6 Cultural reformation of underdeveloped nationsRegarding the aspect of culture, the enforcement of the intellectual property law will be affected by the reformation of the nation’s view towards the western nation in the incorporation of the laws. Evidence indicates that the aspect invites the political leaders to address the issue as a factor that can attract national and international disaster and set good examples through manipulation of effective enforcement for the public to adhere. It is a concept which invites them to shun greed in the name of culture and elaborate effective approaches to enforce the law and advocate the ownership of property to the creator or inventor.
5 Chapter Five5.1 ConclusionIn conclusion, the aspect of intellectual ownership of property within the underdeveloped nations endures a difficult platform in the sense that the residents embark on particular beliefs which uphold their ability to enforce the law. Sources indicate that the law is very precise towards the violation of intellectual property law (Augusto de 38). However, investigation indicates that it is not able to perform and assert the necessary output in the sense that the people have sophistication in the court due to respective beliefs which endorse them to fight against the law. It is a situation where infringers of the law are not held liable in the sense that the infringement is folded in a certain capacity where the law cannot affect it. It is evident that the problem is manipulated by the lack of confidence among a large portion of the residents in the society. Critically, they believe that they cannot pursue the international market due to the negative effect associated with the proprietors. Such an aspect has distanced them from the struggle to enhance their products in the international market. Evidence indicates that they have engaged respective platforms in which they violate the intellectual property law through respective approaches where the law is extremely undermined to a point where its enforcement is difficult. In a more critical review, technology is a tool which plays an intrinsic role in the violation of the intellectual law where the underdeveloped nations have employed it.
Evidence asserts that its advent intentions entailed maintenance of accuracy and scrutiny among other aspects. Regarding the case the underdeveloped nations have employed it as a loophole to violate the intellectual property law and conceal relevant information which should be used to draw a conclusion at the court. Therefore, such a platform absorbs the enforcement of the law. The people will have to terminate their belief in the aspect of technology in order to establish respect and dignity of the true ownership of property in the society through the aid of the intellectual property law. Further, the underdeveloped nations should absorb their belief that counterfeiting and piracy are not the relevant approaches to enhance profitability. Evidently, the underdeveloped countries should realize that a high profitability and enhancement of their economy can only be manifested through the extensive production of different products. Therefore, the concept invites them to engage creativity and invention with an aim of extending their earnings where their living standards will raise. Critically, with the application of such an approach the intellectual property law will not be abused. The court will attain the power to extend its scope to unfold the few criminal acts which will attempt violating the law (Bhat 399). In a different perspective, the enforcement of the law is absorbed by the concept of corruption within the underdeveloped nations. It is a condition which is embraced by the political leaders where such an act sets an example to the entire community. Statistics asserts that the underdeveloped nations are associated with a high level of corruption where the perception absorbs the condition for economic growth and development.
Investigation indicates that the governments play an intrinsic role in the sophistication of the path through which the law can enhance its task in the implementation of intellectual property rights. Therefore, the governments should set up good examples in which the residents will not realize intellectual property violation as a breakthrough to profitability and venture in the market. Evidently, the law will enhance it force to the violators. However, the change cannot be realized within the underdeveloped nations without the intervention of the western powers. Therefore, the western governments should establish a platform which will influence the underdeveloped governments to avoid corruption (Coombe, Steven and Mohsen 892). In a different perspective, the enforcement of intellectual property law at the court will accrue elimination of the negative beliefs associated with the underdeveloped states. It is a condition where they believe that the intellectual property law has been designed to control the underdeveloped states and uphold their fate in the world of business. Finally, the cultural incompatibility is a tool which endorses the underdeveloped nations to avoid the force of the law. Evidently, they should avoid such thoughts in order to enhance respect for property and adequate employment of the law at the court.
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