Contract Law and License Essay

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The development of businesses and corporations worldwide has created a market that is property and rights oriented. There is a lot of scheming and fraud that governments and private companies have to develop protection for, in a form of copyrights and patents. Not only are there ownership rights for products and physical property but also, for ideas and potential goals, plans and strategies.

An idea is worth much more than the finished product because it is the basis for all production. But there is also the matter of usage of already existing material and the contracts that are drawn up by companies to make a profit. Often, these contracts come with a pricy tag and are thought to be unfair by people who want to use information available to the public.

Jason Mazzone writes on the difference between copyright and contracts, sighting the unfairness of the latter. He writes that “When contracts replace copyright law, consumers become used to having few or no rights…” He suggests that Congress could prohibit contracts that limit the use of public domain materials. I agree, as if the public has access to certain materials, they must be allowed to be used without a contract. In case the agreements are made for a purpose to treat all members equally, it is fair.

The need for agreements and laws that regulate trading and property possession are a necessary attribute of the global economy and businesses. Governments, private corporations, as well as individuals, all participate in the establishment and continuation of fair and respectable trade.

  1. Who will decide the amount of rights the users of information will receive?
  2. As contracts are unique to each location, what rights and conditions will a contract have in a different state or even country?

An article titled “Sam Higginbottom Institute of Agriculture, Technology & Sciences hosts Workshop on intellectual property” talks about the need for laws that protect intellectual property. One of the participants “…emphasized copyright registration and protection of traditional folklore in India”, which is a valid and needed fact. This is a rather important and interesting part of society, and it is significant that India is keeping up with the modern world. The developed countries have an established order and control of goods and intellectual property, while developing countries might have some setbacks or limitations that can be used by others to their advantage.

Previously, the world trade was not as regulated as it is today, which led to a number of unfair and unbalanced transactions. The transport and use of certain products might be regulated as well. For example, some products or technologies or even concepts, will not be allowed to be used in some parts of the world. This might be due to cultural differences or specificity of a product. Some businesses would not want to suscept the market to their ideas or product, as they might want to keep it exclusive for their own country.

The stability of the country, as well as relations between nations depend on governments, their communication and cooperation. The intricate relationship between the government, businesses and the economy directly affects the trade and the criteria which set up the framework and structure of the economy. When new countries join and become members, they are bonded by the same agreements and provisions.

When considering a work environment, either a business, a corporation or any other company, it is important to consider morals. People often find themselves in situations where they must determine what the best thing to do is. As every individual is different, their view of morality is somewhat different. There are many issues that arise when analyzing the relationship between personal gains and ethics. Social ethics and virtue often relate to one thing, which is being respectful and honest towards others and the general society.

There are universal laws, which guide people to be morally correct using rational thinking. Their reasons might be related to the reward of “a good feeling” after they commit a good deed. Or they might feel a moral obligation to help someone because they have the ability and ways to accomplish that. For some people it becomes a lifelong quality and a part of their character. For operations management of any company or business, economical sustainability is one of the key components, as they have to calculate the future matters of the company and find ways to increase their prosperity, staying as ethical as possible in the process. They have to work on the assignment of duties, distribution of roles and responsibilities, and the resource and capacity management.

Most employers have a moral standard that they go by and enforce rules that do not permit employees to abuse their authority and connections. The federal statutes forbid any illegal activity in the corporate world but morality determines personal attributions. The amounts of money that people manipulate are so great, it becomes easy to become immoral, and people forget about ethics without thinking of the consequences.

The governments take an active part in the enforcement and control of the established rules and regulations. Intellectual property must be protected but at the same time, there should be equal and just access to information and creations.

Bibliography

Mazzone, Jason. Copyfraud and Other Abuses of Intellectual Property Law. Redwood City: Stanford University Press, 2011.

“Sam Higginbottom Institute of Agriculture, Technology & Sciences hosts Workshop on intellectual property”. The Times of India, Web.

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IvyPanda. 2022. "Contract Law and License." April 2, 2022. https://ivypanda.com/essays/contract-law-and-license-review/.

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