Question

Define Intellectual Property (IP)

Regarding China and IP

What additional evidence would convince you that China’s theft of technological secrets represents a national strategy rather than just a series of isolated incidents?

What actions might Western countries take to protect the loss of technological secrets and to reduce the risk of continuing to do business in China?

What is the essential difference between competitive intelligence and industrial espionage, and how is competitive intelligence gathered?

What are the four criteria for fair use?

1

2

3

4

What types of things cannot be patented?  

You be the judge: How would you rule on the 3M vs. Formula 1 copyright?

Answer 1

Multiple questions asked, first four questions are answered below, please comment if any doubts:

1: Intellectual property:

The intellectual properties are ones creations of the mind and it has some value and should not a common creation. The unique art works, inventions, photos, etc. are falls under the category of intellectual properties. In one word it is creation from ones intellectual mind.

2: Regarding China and IP violation:

There are many IP violations suits are filed against china in recent days, it can’t be considered as isolated incidents, since the china is a communist country and almost all industries are under direct control and observation of government. The companies needed to be act only according to government orders. What to produce how much to produce etc are determined by government itself. So without the authorities support the IP steal can’t be make beneficial for them. Also there is no technology transfer is happening from China side. This it is quite evident that China is following a national strategy in getting as many technological secrets in any way to boost its competiveness in global market.

3: Actions that can be taken by western countries against China:

The western countries can take actions by contacting World Trade Organisation, they are the custodian of IP rights to implement legal sanctions on China on the IP violated products and services. Also the technology transfer is misusing by china, for such cases except China from transfer technology agendas.

4. Competitive intelligence and industrial espionage:

Competitive intelligence gathering of intelligence by proper research and other legal measures, the ideas may be inspired from other companies but in intelligence gathering nothing is done that cause disadvantage to other firms. But the industrial espionage is gathering intelligence by illegal activities such as conducting spy works, bribing and compromising the employees, etc. The intelligence gathering in competitive intelligence is by extensive research works and conducting intelligence meets.