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Private Property Rights, 2005.
This paper discusses the history of the concept of private property rights in the United States.
1,480 words (approx. 5.9 pages), 3 sources, MLA, $ 48.95
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Abstract
This paper explains that the classical liberal tradition has always defined the central purpose of all liberal governments as the protection of private property rights based on the philosophy of John Locke and Alexander de Tocqueville. The author points out that the problematic state of the Union where not all individuals are full citizens led to Abraham Lincoln's new interpretation of private property rights, which stated that human rights must be protected, even at the expense of property, such as slaves, and the government's right to protect human bodies and liberties, rather than merely protect private property, was paramount. The paper relates that, on the other hand, the 1823 case of "Johnson vs. McIntosh", a critical moment in the history of Indian law and American land claims, gave rights of ownership to the European sovereigns who "discovered" the land and converted the indigenous owners, the Indians, into tenants who may not benefit from sale of their land.
From the Paper
"National policy and wisdom, as opposed to property deeds held sway, according to the court, despite, "however extravagant the pretension of converting the discovery of an inhabited country into conquest may appear; if the principle has been asserted in the first instance, and afterwards sustained; if a country has been acquired and held under it; if the property of the great mass of the community originates in it, it becomes the law of the land, and cannot be questioned." In other words, as America found the land, perhaps in an illegal and colonizing fashion, but it would now dispose of the land, for "the Indian inhabitants are to be considered merely as occupants," even though "restriction may be opposed to natural right, and to the usages of civilized nations, yet, if it be indispensable to that system under which the country has been settled," it must be upheld."
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Intellectual Property Rights, 2006.
An overview of intellectual property rights and how they affect businesses.
1,270 words (approx. 5.1 pages), 6 sources, MLA, $ 43.95
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Abstract
Several countries, while ratifying the agreement with regard to establishment of the World Trade Organization, also ratified the inherent Agreement on Trade Related Aspects of Intellectual Property Rights. The paper shows that intellectual property rights can conveniently be divided into two main fields - copyrights (or rights related to copyright) and industrial policy. The paper explains that the safeguard of intellectual property is considered as a crucial factor for economic growth and advancement in the high technology sector; they are beneficial to business and assist the public as a whole. The paper shows, however, that several problems arise from the enforcement of intellectual property rights particularly with regards to ownership of information. These include copyrights, patents, trademarks, trade secrets, design rights and plant breeders' rights for which an alternative has to be found.
Paper Outline:
Abstract
Intellectual Property Rights
What are Intellectual Property Rights?
What National and Global Directives Govern their Enforcement?
What are the Implications for Business?
What Can/Should be Done?
References
From the Paper
"The intellectual property rights have been guaranteed by law and can conveniently be transferred, sold, authorized for rent and in some nations even mortgaged, in much the same way as physical property particularly real property. However, the rights have some confinements incorporating the limitations and other considerations of issues like their contradiction with the fundamental rights and the codified provisions in force. The legal issues involving intellectual property rights have two dimensions."
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Locke, Marx and Property, Labour and Rights, 2002.
This paper discusses how John Locke and Karl Marx argued very different views of property, labor and rights.
2,275 words (approx. 9.1 pages), 5 sources, $ 84.95
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Abstract
. Locke believed in private property rights and the state's obligation to protect them. Within this context, he extolled individual rights and the concept of the citizen's sovereignty. In his perspective, the state served the citizens and had to guarantee life, liberty and property. Marx, meanwhile, saw society through the lens of the "class struggle". He believed that the liberation of citizens would only come through the abolition of private property and, eventually, of the state itself.
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Property Rights, 1992.
A look at the court rulings and regulations dealing with private property, rent control, economic vs. non-economic rights, mobile homes, case studies, evictions, life estates and more.
4,500 words (approx. 18.0 pages), 16 sources, $ 135.95
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From the Paper
"Property Rights
The protection of private property rights is guaranteed by the Fifth Amendment to the United States Constitution: "No person shall be . . . deprived of . . . property, without due process of law; nor shall private property be taken for public use, without just compensation."1 The Fifth Amendment is made applicable to the states by the due process clause of the Fourteenth Amendment. Article I, section 19 of the California Constitution similarly provides that compensation is required when property is "taken or damaged."2
Since the demise of the Lochner3 era, property rights have received considerably less constitutional protection than have personal liberty rights, such as freedom of speech and free exercise of religion, which receive preferential treatment..."
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Intellectual Property Rights in Pakistan, 2003.
An examination of the situation of intellectual property rights in Pakistan.
3,300 words (approx. 13.2 pages), 17 sources, MLA, $ 94.95
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Abstract
This paper discusses the intellectual property rights in developing countries. It first briefly discusses the intellectual property and related issues, followed by the discussion of the state of intellectual property rights in Pakistan, an exemplary developing country.
From the Paper
"As technology improves, the current laws about intellectual property and copyright are being challenged. Copying of nearly everything, from sound, to text, to video is made simple with computers, the Internet, scanners, CD burners and other technology. It is worth mentioning that after Defense products, the second largest net export of the United States is entertainment programming (Anonymous, 1989). The U.S. Department of Commerce estimated the worldwide value of pirated music in the 1980s to be $1.2 billion annually (Griffiths, 1999). The International Intellectual Property Alliance estimated Unites States? losses in the recorded music industry due to piracy at $600 million per year in the 1980s and the numbers are certainly higher now (Griffiths, 1999). There is obviously a lot at stake for those who are involved with the music industry as well as all the other industries affected by piracy."
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The Origins and Consequences of Private Property, 2001.
This paper is a comparison and contrasting of Locke and Rousseau's ideas on how private property came about.
2,375 words (approx. 9.5 pages), 2 sources, $ 72.95
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Abstract
This paper examines the different philosophies of Jean-Jacques Rousseau and John Locke with regards to the origination of the concept of private property. The author discusses how the philosophers differed in terms of defining human nature. The paper explores Locke's "Second Treatise of Government" and Rousseau's "Discourse on the Origin of Inequality".
From the Paper:
"In John Locke's book, "Second Treatise of Government," Locke sketches out a brief history of man in the state of nature and his progression from simple land dweller to land owner. In this description, Locke explains how the concept of property is necessary to human preservation and that property becomes property by having applied work, or effort upon an object. Locke explains that every man has property in his own person, and that nobody has any right to that property but that person."
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Aristotle and Property Rights, 2004.
Examines the views of Greek philosopher, Aristotle, on property rights as outlined in his book, "The Politics".
3,450 words (approx. 13.8 pages), 4 sources, APA, $ 97.95
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Abstract
This essay first gives an explanation of Aristotle?s views on private property. This includes the different types of property ownership and use combinations. The type Aristotle prefers is shown, accompanied by reasons explaining his preference. Following this is an examination of the writings of contemporary critics on the matter Aristotle?s defence of his opinions on property, as well as the citizens these concepts concern, and finally, the idea of moral education to be used in indoctrinating his citizens. This essay then concludes with a critical analysis of the writings of Aristotle and his critics.
From the Paper
"There would probably be less overall disputes between citizens if everyone owned their property. There, however, would be disagreements involving each individual?s land (e.g.: disputes over trespassing, boundaries, and access to water or roads) that would not be found in a communal setting. Miller is correct, in theory, that arguments among friends will be avoided if one has the ability to decide how the property will be used. An arbitrator with sufficient decisive power would quickly put an end to all disputes. However, the one who decides is privy to bias or corruption, which could result in the usage of the property being unfairly distributed."
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Intellectual Property Rights, 2008.
The paper discusses two main aspects of intellectual property rights; trademark infringements and patent infringements. An overview, case study and conclusion is given for each topic.
1,192 words (approx. 4.8 pages), 3 sources, MLA, $ 40.95
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Abstract
There are two main topics in this paper dealing with intellectual property rights; trademark infringements and patent infringements. The paper provides an overview of each topic including case law and a conclusion for each section. The paper reaches the conclusion that the patent protection and infringement process is substantially more complex than that of the trademark infringement violation.
Outline:
Trademark Infringement
Overview
Case Law
Conclusions
Patent Infringement
Overview
Case Law
Conclusions
From the Paper
"Essentially, infringement of a patent occurs if one's protected item or process was sold or used without permission and/or compensation in any country where a patent has been granted to a party. This applies to Canada as well as any other country. Obviously no patent protections will be provided in a market in which a patent has either not been applied for or where the patent process does not exist in any mature form."
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Information as Private Property, 2005.
This paper looks at texts on the issue of information as private property.
900 words (approx. 3.6 pages), 3 sources, $ 35.95
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Abstract
This essay describes, contrasts and compares three texts that all deal with the issue of information as private property, each from a different perspective. The paper examines the main arguments put forwards by the three articles and the issues that connect them. The paper also assesses the conclusions each of the texts reach as well as the implications of those conclusions.
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Intellectual Property Rights, 2005.
An examination of intellectual property rights in the Asia Pacific Region, with specific attention to China, Thailand, Singapore and Malaysia.
2,700 words (approx. 10.8 pages), 5 sources, $ 106.95
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Abstract
The following paper outlines the TRIPS agreement involving a number of Asian Pacific nations whereby it was determined that formal effort would be made to protect copyright, patent, and trademark prerogatives. The paper discusses some of the pertinent provisions of the TRIPS accord and then proceeds to discuss in greater detail the implementation or partial implementation of the agreement in the nations of China, Thailand, Singapore, and Malaysia.
From the Paper
"As the world has grown more interconnected, international property law has grown more and more important. The following paper will examine the state of intellectual property rights in the Asian Pacific region, focusing especial attention upon China, Thailand, Singapore and Malaysia. In particular, the paper will review the commitments of each of these lands under the TRIPS agreements to which each was a signatory; as will become immediately apparent, these obligations have not always been honored. In any event, the paper will closely review the extent to which each nation has implemented their international obligations to safeguard copyright, trademark and patent rights."
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John Locke and Private Property, 2002.
Examines the views of philosopher John Locke on the subject of property.
1,025 words (approx. 4.1 pages), 1 source, MLA, $ 36.95
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Abstract
John Locke wrote at a time of social unrest and questioning, at a time when the long-standing sovereignty of kings as ordained by God was being questioned. Locke did not see the power of kings as derived from the will of God but rather as developing as the result of some social condition. The paper shows that Locke asked first what state man would be in if there were no government and he found that human beings originated in the state of nature, the state that existed before human beings came together to form a society and a government. It shows that Locke saw this state of nature as placing the individual into a state of perfect freedom, with no necessity to ask any other person before determining his or her own actions or disposing of their own property. Property was an essential element in Locke's thinking, with the relationship of the individual to his property as being of paramount importance. The paper shows that the ownership of property was seen as a fundamental right, meaning that it was a right born in the state of nature. For Locke, the defense of individual liberty is inseparable from the defense of private property.
From the Paper
"The individual in society does not have absolute freedom, showing that something has been lost from the state of nature. Locke sees human beings as having agreed to give up certain rights and powers through some form of agreement. Society is thus formed when men cede certain powers to a central authority. Private property rights are to be protected by this state that has been created--human beings have given up certain rights in order to assure the protection of their property from the depredations of others. Locke traces the concept of private property from the time when God gave the world to Adam and his posterity. Locke sees political power as being "for the regulating and preserving of property" (Locke 4), among other things."
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China and the International Property Rights, 2000.
An examination of IPR violations and piracy of CDs and software in China, national and global efforts to stop it, politics, trade and quota issues.
1,350 words (approx. 5.4 pages), 9 sources, $ 47.95
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Abstract
"International property rights (IPR) violation is a widespread and entrenched phenomenon in China because of several factors. China?s rocky transition from a centralized economic system to capitalism has provided a rife environment for piracy to flourish in the ?gray? market.
From the Paper
"International property rights (IPR) violation is a widespread and entrenched phenomenon in China because of several factors. China?s rocky transition from a centralized economic system to capitalism has provided a rife environment for piracy to flourish in the ?gray? market. In addition to the fact that the lucrative nature of the business provides tremendous incentive for the suppliers to engage in piracy, the Chinese consumers constitute the other half of the problem. Although they are impressed by the dazzling array of products offered by America, such as the music, films and computer software, they can ill afford the prices of the legitimate products; therefore, they turn to pirated copies. Furthermore, the absence of a legal and enforcement system to uphold IPR in China further cultivates the presence of piracy. From another perspective, the strict..."
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John Locke and Private Property, 1994.
This paper describes John Locke's theory of property relating to the individual and the state andcompares it to ideas of Hobbes & Rousseau.
1,575 words (approx. 6.3 pages), 3 sources, $ 55.95
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From the Paper
"John Locke wrote at a time of social unrest and questioning, at a time when the long-standing sovereignty of kings as ordained by God was being questioned. Locke did not see the power of kings as derived from the will of God but rather as developing as the result of some social condition. Locke asked first what state man would be in if there were no government, and he found that human beings originated in the state of nature, the state that existed before human beings came together to form a society and a government. Locke saw this state of nature is placing the individual into a state of perfect freedom, with no necessity to ask any other person before determining his or her own actions or disposing of their own property. Property was an essential element in Locke's thinking, with the relationship of the individual to his property as being of paramount importance. "
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Property Rights in the Digital Age, 2005.
An analysis of the need for global harmonisation in international copyright laws and procedure in the digital age.
11,081 words (approx. 44.3 pages), 34 sources, APA, $ 218.95
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Abstract
Information Technology communication brings with it the challenges which have beset the human race since their initial attempts to interact upon a social and trading basis. This paper examines the idea that intellectual property throughout the world needs to be harmonised with the protection of a creators rights protected by a more codified international agenda.
Outline
Introduction: Why the Harmonisation of Copyright Laws and Systems is Important Especially in the Digital Age
The Main Issues of Current Copyright Protection in the Digital Age The Transformation of International Copyright Through International Treaties
The Obstacles in the Way of a Global Copyright System
Conclusion: The Future of International Copyright Laws -Further Harmonisation
From the Paper
"Information Technology communication brings with it the challenges which have beset the human race since their initial attempts to interact upon a social and trading basis. As democratic governance involves public debate and open decision-making, the organisation of interests groups, and the free exchange of ideas, opinions and information is essential. To a greater degree than ever, open media provides a critical measure of progress towards democracy. Access to information and the right to freedom of expression are central elements in ensuring the voice and participation necessary for the development of a democratic, civil society."
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Information as Private Property, 2005.
This paper explores the role the United States plays in determining the issue of information privacy.
675 words (approx. 2.7 pages), 4 sources, $ 26.95
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Abstract
The paper compares the perspectives of four authors on the concept of information privacy. The paper explains that despite diverging perspectives on this one concept, the collective theme is that the US is and will continue to determine the level of privacy of each individual, country and state in the world. Within this predetermined framework however, individuals and countries will be able to self-determine some level of privacy that will come at the result of their ability to effectively work within the existing laws.
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