ADVANTAGES and DISADVANTAGES OF INTELLECTUAL PROPERTY, Schemi e mappe concettuali di Diritto Della Concorrenza

Scarica ADVANTAGES and DISADVANTAGES OF INTELLECTUAL PROPERTY e più Schemi e mappe concettuali in PDF di Diritto Della Concorrenza solo su Docsity! Nicola Caiazzo ADVANTAGES and DISADVANTAGES OF INTELLECTUAL PROPERTY DISADVANTAGES Intellectual property, namely the monopoly on fruit products innovations, has the undesirable side effects. The main one is that the monopolist reduces inefficient way the quantity sold, in order to maintain a high price. If the product is a drug that can save the lives of sick people, reduce the quantity sold results in more deaths. The second cost is to make the most difficult new innovations where they are based on an idea has already been patented. Despite the social costs are enormous, intellectual property enjoys good press because it is thought to be a necessary evil, a price to pay to stimulate the innovation. Without patents or copyright, it is believed, no one would have an incentive to innovate because other companies would imitate the new product, with their output flooding the market and bringing down the price. Michele Boldrin an Italian economist in his book showing that there have been periods in history in which innovations were numerous and of great impact and artistic creativity has borne fruit memorable even in the absence of intellectual property: most of the authors of the classical music whose works are still playing in our theaters were not protected by copyright, for example. It does secondly showing how there is now a huge industry aimed to obtain patents only in order to get income from future inventions. In the recent film by Paolo Sorrentino, This must be the place, the protagonist, during his trip to America, he meets Robert Plath, the inventor of the trolley, the suitcase with wheels and handle estraibile.Robert Plath , who plays himself, was a pilot of Northwest Airlines when, in 1987, had the idea to put wheels on suitcases. At first merely sell its rollaboards to fellow drivers, but when the travelers saw these suitcases much more comfortable to carry than the traditional ones, a new market was born quickly. Plath decided to leave the heavens to found Travelpro, an enterprise specializing in the production of the new type of suitcase. He did not ask no patent for his invention and Travelpro soon faced competition from other manufacturers of suitcases who adapted their offer to new customer demands. Travelpro today celebrates 25 years of business and Plath is celebrated in the newspapers. The history of the trolley shows us that inventors may be able to obtain large profits from their ideas without the protection of patents and despite the possibility of easy imitation by other companies. Boldrin believes that imitation is typically expensive and time consuming. To imitate is necessary to understand the characteristics of innovation and resources are necessary to implement an adequate production capacity. There is therefore a time period in which the innovator profits realized even in the absence of patents. And, as in the case of Robert Plath, often even in the long run the price drops to that of perfectly competitive markets. Even where the imitation really is instant and the cost of duplication essentially zero, as in the case of music, there is reason to think that creativity is stifled by the lack of profits. ADVANTAGES The Industrial and Intellectual Property indicates that set of legal and administrative instruments aimed at protecting and enhancing the fruits of human creativity and ingenuity. In particular, the concept of Intellectual Property applies to the protection of literary and figurative arts, music, and more recently to the software (under copyright laws), while the Industrial Property on innovation in a technological (patents and models d 'utility) and distinctive (trademarks and designs). Through these tools is acknowledged that the holders a moral right and equity that allows the exclusive exploitation of their creations and the ability to protect themselves against any copying by unauthorized parties. Intangible assets have thus become the real engine of the modern economy, especially in the industrialized world. They should therefore be protected and valued as it is a factor of economic success for companies that know how to properly handle them. They are indeed, as well as a distinctive element, a possible source of financing for companies. Revenues from royalties for the use of a particular mark or patent may in fact be reinvested within a company, generating the so-called "virtuous circle". Think of the economic return from continuing franchise (agreement in which a company grants to another the right, upon payment of a fee, to use a formula established trading - eg. Mc Donalds), merchandising (practice use a brand or image of a product known to sell another) or licensing technological co (sale by the holder of a right to another entity because it can use drawing economic benefits, such as the production of license). Intangible assets are often misappropriated by those who want to compete unfairly, creating a business whose profit is based largely on the use of illegal ideas of others. Consider, for example, to the entire market of famous brands of luxury, counterfeit and sold on the stands or on the beaches. The phenomenon of counterfeiting creates a large amount of damage to the market, in terms of lost revenue from the holder of the right, shortfall in tax revenues for the state, damage to health for products not in order and failure to reinvest in the companies profits illegally retrieved. Research and development are becoming more sophisticated and expensive, and for this reason it has become extremely important to exploit the intellectual property rights to support business growth. Revenues from royalties for the use of a specific patent, trademark or design can indeed be reinvested within a company, thus generating a "virtuous circle" that can finance in part, if not completely , further innovations. This is a good way to make sure that a company has a continuous flow of capital to support its development. It is noteworthy that this business model can be applied either to large or to small industries, to public like private.