Intellectual Property Rights Topic Lecture - Part 1
Summary
TLDRThis three-part series by Maggie Berthume delves into the 2024-2025 policy debate topic focusing on intellectual property. The first part introduces the resolution advocating for the U.S. federal government to enhance protection of domestic intellectual property rights in copyrights, patents, and trademarks. The lecture also touches on current events related to intellectual property, such as college athletes' name, image, and likeness rights, the Scarlett Johansson vs. Open AI dispute, and international issues with China. It further explains the concept of intellectual property as a state-granted exclusive right, distinguishing it from real property and highlighting its importance in fostering innovation and preventing monopolies.
Takeaways
- đ The 2024-2025 policy debate topic focuses on the United States federal government significantly strengthening its protection of domestic intellectual property rights in copyrights, patents, and trademarks.
- đ The concept of topic lectures is considered somewhat redundant as the entire topic should be learned throughout the year, not just from introductory videos.
- đ« NIL (Name, Image, and Likeness) rights for college athletes have evolved, allowing them to benefit from their intellectual property, a change from previous restrictions.
- đ A controversy involving Scarlett Johansson and an AI chatbot highlights the complexities of voice replication and intellectual property rights in AI technology.
- đ Intellectual property disputes between the U.S. and China have been a point of contention, with China becoming more protective of intellectual property rights over time.
- đż Biopiracy refers to the patenting of indigenous knowledge, such as traditional cures, by external companies, raising questions about the ethics and legality of such actions.
- đ Intellectual property is a creation of the mind, distinct from physical property, and includes intangible assets like music, literature, and inventions.
- đĄïž Intellectual property rights are negative rights granted by the state to exclude others from using one's creation, balancing the encouragement of innovation with the prevention of monopolies.
- đ The origin of intellectual property law is traced back to Article 1 Section 8 of the U.S. Constitution, emphasizing the promotion of scientific and artistic progress.
- đĄ Arguments for strong intellectual property protection include the encouragement of research and innovation, while opponents argue it could lead to less access to essential goods like medicine.
- đ The stance on intellectual property protection can vary depending on the industry's maturity and a country's economic status, with newer industries often favoring weaker protections.
Q & A
What is the main focus of the 2024-2025 policy debate topic?
-The main focus is on the United States federal government significantly strengthening its protection of domestic intellectual property rights in copyrights, patents, and/or trademarks.
What is the speaker's opinion on the concept of topic lectures?
-The speaker thinks the concept of topic lectures is a bit silly because the whole topic is a topic lecture, and learning about the topic should come from the entire year's research, not just from videos at the beginning of an institute.
What is an example of intellectual property in the news discussed in the script?
-One example is the change in NIL (Name, Image, and Likeness) rights for college athletes, allowing them to benefit from their intellectual property by earning money for their name, image, and likeness.
What controversy is mentioned involving Scarlett Johansson and Open AI?
-Scarlett Johansson was approached by Open AI to be the voice of a new chatbot but declined. Later, a chatbot was released that sounded very similar to her, leading her to sue Open AI for using her voice without permission.
What is biopiracy and why is it a concern in intellectual property discussions?
-Biopiracy refers to companies patenting cures, medicines, or treatments that are based on indigenous knowledge, potentially selling these back to the originating communities at high prices. It raises ethical and legal issues about who owns the rights to such knowledge.
What are the two main types of property according to the script?
-The two main types of property are real property, which refers to physical items, and intellectual property, which refers to creations of the mind.
What does the script suggest is the purpose of intellectual property law as stated in the US Constitution?
-The purpose of intellectual property law is to promote the progress of science and useful arts by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.
What is the balance that intellectual property law aims to achieve?
-Intellectual property law aims to balance encouraging and rewarding inventors and creators with preventing monopolies, by granting them exclusive rights for a limited time to promote innovation.
What are the three major types of intellectual property mentioned in the script?
-The three major types of intellectual property mentioned are patents, trademarks, and copyrights.
What is the difference between trade secrets and the other types of intellectual property?
-Trade secrets are based on the idea of keeping information secret from other companies, unlike patents, trademarks, and copyrights, which depend on disclosing the thing that one wants to protect.
What are some of the arguments for and against intellectual property protection?
-Arguments for intellectual property protection include encouraging research and innovation, ensuring consistency in products, and preventing monopolies. Arguments against it include increased access to existing drugs at affordable prices, the potential for governments to fund research, and the promotion of local products with smaller distributions.
Outlines
đ Introduction to Intellectual Property Debate Series
Maggie Berthumé introduces a three-part lecture series on the 2024-2025 policy debate topic focusing on intellectual property rights. She emphasizes the importance of learning about the topic throughout the year, not just from introductory materials. The 2024-2025 debate resolution is presented, which calls for the U.S. federal government to significantly strengthen its protection of domestic intellectual property rights in copyrights, patents, and trademarks. The lecture will cover the resolution, intellectual property in the news, and a background on intellectual property.
đ° Intellectual Property in the News and Its Relevance
The script discusses recent news related to intellectual property rights, including college athletes' name, image, and likeness rights, the controversy surrounding Scarlett Johansson and an AI chatbot's voice, and the evolving U.S.-China relationship regarding intellectual property. It also touches on biopiracy and how international treaties are addressing the issue of companies patenting indigenous knowledge. These examples highlight the evolving nature of intellectual property rights and their impact on various sectors.
đïž Understanding Intellectual Property as a Concept
This section delves into the definition of property, distinguishing between real property and intellectual property. Intellectual property is described as a creation of the mind, such as songs, tweets, pictures, and videos. The script explains the economic concepts of excludable and non-excludable, rival and non-rival goods, and how intellectual property fits into these categories. It also discusses the origin of intellectual property law from the U.S. Constitution, emphasizing the balance between encouraging innovation and preventing monopolies.
đĄïž Arguments for and Against Intellectual Property Protection
The script presents arguments for and against intellectual property protection. Proponents argue that without it, there would be less research, less innovation, and less consistency in products. Opponents believe that less or no intellectual property protection could lead to more access to drugs, government-funded research, and a focus on neglected diseases. It also highlights the differing interests of upstart industries, established industries, and creators regarding the strength of intellectual property protections.
đ Overview of Intellectual Property Rights and Their Types
The final paragraph provides an overview of the three main types of intellectual property mentioned in the resolution: patents, trademarks, and copyrights. It also briefly mentions trade secrets as a type of intellectual property that relies on secrecy rather than disclosure. The paragraph sets the stage for a more detailed discussion in the subsequent parts of the lecture series and invites viewers to join for further exploration of the topic.
Mindmap
Keywords
đĄIntellectual Property
đĄPolicy Debate Topic
đĄCopyrights
đĄPatents
đĄTrademarks
đĄNIL Rights
đĄScarlett Johansson vs. Open AI
đĄBiopiracy
đĄProperty Rights
đĄPublic Goods
đĄTrade Secrets
Highlights
Introduction to the three-part series on the 2024, 2025 policy debate topic focusing on intellectual property.
Meta-comment on the concept of topic lectures and the importance of ongoing learning throughout the year.
The 2024-2025 policy debate resolution emphasizes strengthening protection of domestic intellectual property rights in copyrights, patents, and trademarks.
Discussion on the recent changes allowing college athletes to benefit from their name, image, and likeness rights.
Controversy involving Scarlett Johansson and Open AI over the use of a voice resembling hers in a chatbot without permission.
The evolving US-China relationship concerning intellectual property rights and recent developments.
The issue of biopiracy and the international treaty addressing the patenting of indigenous knowledge.
Definition and explanation of property, distinguishing between real property and intellectual property.
Economics of property types: excludable vs. non-excludable, and rival vs. non-rival.
Intellectual property rights as a means to move creations of the mind from public goods to club goods.
Historical origins of intellectual property law from Article 1 Section 8 of the US Constitution.
The purpose of intellectual property law to promote the progress of science and useful arts through exclusive rights.
Balancing the encouragement of innovation and the prevention of monopolies through limited-time exclusive rights.
Arguments for and against intellectual property protection, including impacts on research, production, and access to goods.
The different stances on intellectual property protection among upstart industries, established industries, and creators.
Overview of the three major types of intellectual property mentioned in the resolution: patents, trademarks, and copyrights.
Introduction to trade secrets as a type of intellectual property based on secrecy rather than disclosure.
Anticipation of the second and third parts of the video series for further exploration of intellectual property topics.
Transcripts
hi Debaters my name is Maggie berthume
and this is a three-part series um
providing you information on the 2024
2025 policy debate topic this is part
one which is a background on
intellectual
property there will be three parts to
this lecture first we will talk about
the resolution then we will talk about
intellectual property in the news and
finally we will discuss a background on
intellectual
property but first I want to give a meta
comment on top lectures which is that
although I've done a lot of them and I
really like doing them I also think that
the concept of the topic lecture um is
in some ways a little bit silly because
the whole topic is a topic lecture you
should be learning about the topic not
just from this video or from a series of
videos that you get at the beginning of
a an Institute but from the entire
Year's research so I really hope that by
the end of the first semester you could
give um a better version of this topic
lecture and by the end of the school
year um we would give a totally
different topic lecture as topic
develops so this is the 2024 2025 policy
debate resolution the United States
federal government should significantly
strengthen its protection of domestic
intellectual property rights in
copyrights patents Andor trademarks what
that means is that all debates on the
2024 2025 topic that are um attempting
to be about the topic will be about
intellectual property rights um and
strengthening them in those three
specific areas copyrights patents and
our trademarks and we will talk talk
about what that means over this video
and the subsequent
videos but first let's look at what
we're going to be looking at this is uh
a little brief intellectual property in
the news the first one which you may
have heard about is college athletes um
doing nil rights name image and likeness
rights College athletes um used to not
be able to be paid for their uh use in
other areas so colleges could use their
name and image and they were not allowed
to use their own name and image or or
they were allowed to use it but they
were not allowed to sell it um and it
also meant that um things like video
games could use a college athlete's name
or image or their statistics um without
compensating them um that college
athletes by being considered amateurs
were not allowed to benefit um from the
intellectual property frankly of their
own self um and that has changed um over
about the last year year and a half um
so now College athletes can um get
benefits and earn money for their name
image and likeness they you may have
seen a billboard with a college Athlete
on it or a commercial with a College
Athlete on it maybe you've seen um the
Caitlyn Clark sneakers um those are all
examples of things that are use of a
person's intellectual property um that
were not uh happening even just a few
years
ago another example you might have heard
of the controversy with Scarlett
Johansson an open AI um basically what
happened is that chat gbt approached
Scarlet Johansson and asking her if she
was willing um to be the voice of its
new voiced uh AI bot um it's it's
chatbot um Scarlet Johansson was in a
movie the movie her where she played a
chatbot um and the open AI approached
her about being the voice of its new
chatbot she declined and then a few
months later the chatbot came out and it
sounds a lot like Scarlett Johansson um
she says her family and friends cannot
tell that it is not her so she has sued
them um saying that it is they used her
voice without her permission um whether
uh they Ed clips of her voice or whether
they had um the AI itself replicate her
voice um open AI has responded and say
no we hired someone else just because
you know it sounds a little bit like you
doesn't mean it's exactly you um and my
guess is that this will be winding its
way through the courts for for quite a
while um but if you do use that voice in
um op if you use the chat GPT um and you
use their voice bot you can assess for
yourself whether you think it sounds
just like Scarlet
Johansson another example um where
intellectual property rights come about
is in our relationship with other
countries um typically China and the
United States have disagreements about
intellectual property um in the past the
United States has accused China of
violating intellectual property rights
on a regular basis um now China has
become more protective of intellectual
property rights so this is an article
from um just a little bit ago a couple
weeks ago from the center for strategic
International Studies um talking about
how uh intellectual property rights have
changed the US China relationship um and
and how that is
evolving the final example is about
biopiracy the idea that um companies can
uh come in and patent um cures or
medicines or treatments that have been
typically uh indigenous knowledge it's
it's been knowledge in an area for a
long time and then a company will come
along and and patent it and maybe even
sell people their own um their own group
so their own um you know intelle their
own histories cures um and so there is
now a new international treaty um that's
looking into the question of you know
how the um country should deal with the
the question of biopiracy
so that's what it was like those are
some things that we'll be seeing in the
News That's those are some things that
you might um encounter as you just sort
of Google around on intellectual
property but let's spend a little bit of
time to figure out what intellectual
property is so we're going to start with
what is property um and property is an
exclusive right granted by the state um
and it is um means that you can use
something and you can generally prohibit
someone else from using those things um
there are sort of two types of prop one
is real property that's a physical item
that's your land a h a car a house your
iPhone um and that is a a physical item
intellectual property is a creation of
the mind so it's the song you wrote this
morning it's the Tweet you composed it's
the uh you know picture you took it's
the Tik Tock video that you created
those are all creations of the mind um
rather than physical
items if you've ever taken an economics
class you may have seen this chart about
property but the idea um is that there
are different kinds of property um
excludable and non-excludable and rival
and non-rival a rival risk property
means that if I have it you do not so if
I take your phone from you um you no
longer have your phone you you
physically do not have it um and most
physical property is rivalrous um
nonrivalrous property um are things like
I write a really cool song and if you
copy that song it it doesn't mean that I
don't still have the song I still have
the song and you have the song too
and so um nonrival risk property it
means that um two people can have it um
but it does not necessarily mean um that
that you know one having it takes away
from the other the other two types of
property in this category are excludible
and non-excludable excludable property
means how easy is it and this is this is
sort of a gradation rather than a yes no
question but how easy is it to prevent
someone else from having access to the
thing um non-excludable items it is it
is difficult or impossible to prevent
someone else from having access
excludable items it is it is very easy
to prevent someone else from having
access so a rival excludable um type of
property is is something like they're
they're known as private Goods it's your
house your car your phone obviously you
know someone could steal those things um
but it is generally relatively easy to
prevent someone else having access to
those things an excludable
nonrival um type of thing are are often
called Club Goods it's things like cable
TV or satellite radio or a private park
um you uh have to pay a fee in order to
participate you know you know I the fact
that I have cable TV doesn't mean you
don't have cable TV but we're both
paying the fee to the cable company um
non and and other people who did not pay
that fee are excluded non-excludable
rival Goods um are also known as common
goods and that's things like mines or
fish stocks or Timber it's really hard
to prevent someone else um from getting
access to a fish um you know or or
getting access to a tree um but the
person who fishes that fish you know is
the only one who has that fish um and
then finally non-rival non excludable
goods are are public goods so it's
things like the air I can't prevent you
from breathing the air you can't really
prevent me from breathing the air n
National Defense um you can't have a
situation where you know one person is
excluded from National Defense um and
street lights are another example um
they are it is impossible to exclude
someone else from getting the you know
light benefit from the street light and
the fact that I get a benefit from the
street light um does not mean you can't
also get a benefit from the street light
intellectual property would start in
this category the fact that you know I
wrote a poem um and I wanted to read
that poem you can then have that poem I
can't really prevent you from having
that poem um and uh that that without
intellectual property rights without the
excludability from the state um they
would just be public goods but the
concept of intellectual property rights
comes in and that's where someone is
able to move something from a public
good to a club good which means that you
know if I wrote that poem um and you
then copied that poem and started using
it I would enforce my intellectual
property rights over that poem in order
to prevent you from being able to
distribute it um it's still uh non-rival
um I would still have it even if you
have it but I would be um demonstrating
the um prevent the the ability to
prevent someone else from using it so an
intellectual property right is a
negative right created by the state to
exclude others from using an item
created by a person or a group um and
the owner must Grant
permission where does intellectual
property law come from it's really old
it comes from Article 1 Section 8 of the
US Constitution which says the Congress
shall have power to promote the progress
of Science and useful Arts by securing
for limited times to authors and
inventors the exclusive right to their
respective writings and discoveries um
there's there's a lot there um and we'll
break down some of these phrases over
the the rest of this series um but some
things to notice here the power was
granted to the congress not to other
branches of the government um that they
put the purpose right there in um
Article 1 Section 8 which is that the
purpose is to promote progress of
Science and useful Arts by useful Arts
it means things like Books and Music um
now it means things like movies um
things like software um but the idea is
that in order to promote progress or
innovation um they are granting a
limited amount of time for authors and
inventors to have the exclusive right to
their things so it says you know you get
access to your thing um no one else can
have access to your thing unless you
offer them access but it is for a
limited amount of time and the goal
there is is to promote
Innovation so why did the Constitution
do that well there is fundamentally a
balance between encouraging and
rewarding inventors and creators and
preventing monopolies the idea here is
that we want to encourage people to
invent things or that's what the framers
believe they wanted to encourage
inventors and creators to invent and
create and so by giving them an
exclusive right um they would be
encouraged to invent and create by know
the capitalist impulse to own your own
thing and be able to sell it on the flip
side um they also wanted to prevent
monopolies and so if there was um you
know an infinite amount of time that you
were granted uh the right to your thing
then you know whoever discovered a thing
or created a thing would have that
forever and so the limited amount of
time is is to prevent
monopolies if there was no intellectual
property protection um some people argue
it would be very bad to not have any
intellectual property uh protection
their arguments are that there would be
less research because companies um
wouldn't be willing to do new
innovations that might not pan out
because they would not get the exclusive
right to those Innovations um that
creators would probably you know they
would focus on live shows they would not
have high cost Mass Productions um there
would probably not be movies or TV
because people could just reproduce them
um you know like a a giant budget movie
doesn't get created um because you know
everyone could have it immediately for
free um and so they would never spend
that money um and then there would be
less consistency uh you know products
wouldn't necessarily be guaranteed uh
theoretically you could you could buy a
Coca-Cola out of a machine and it would
look like a Coca-Cola but it would not
be a coke maybe it's sugar water or and
maybe it's nothing maybe it's you know
poison um or your medicine you could buy
go to the you know Pharmacy buy some
medicine or go to the you know CVS and
you're going to go buy what you think is
Tylenol and then you take it and it's
it's just a sugar pillar there's no
Tylenol um in the medicine so um the the
arguments for intellectual property
protection are that you know there would
be less research less ation and less
consistency um if there was uh no
intellectual property protection on the
other side there are a lot of people who
argue that less or no intellectual
property protection would be good um
certainly people would have more access
to existing drugs um because they would
drop to affordable prices if you've ever
um you know gone into a store um and
there are two drugs on the Shelf there's
like you know Advil brand Advil and then
you know Target brand Advil and you're
looking at the prices and you know the
Target brand Advil is is way cheaper
than the Advil brand Advil you are
experiencing a situation where
intellectual property has expired um you
know ibuprofen which is the active
ingredient in Advil um has has expired
its uh patent protection its IP
protection which means that you can now
produce generics and so generic drugs
tend to be a lot cheaper um and um you
know the people who argue against
intellectual property protection say
that governments would step into fund
research rather than um you know letting
the market fund the research we might
have more research for drugs than that
you know might not seem like they would
be uh effective right away or you might
have research for drugs that wouldn't
help a lot of people but would help that
small group of people very much um there
are certainly people that argue that our
current system of of drug production
rewards um you know big Blockbuster
drugs for um less important diseases
whereas the diseases that only affect a
few people but might be life-saving tend
to be neglected so that's the that's the
drug access argument um in terms of
music and and
um you know fans would probably uh pay
less attention to you know who got the
big label production um and you'd
probably see a lot more live shows
rather than uh in in um you would not
fewer CDs and more live shows fewer
albums and more live shows um and then
finally in terms of um protection of a
good um we would probably have fewer
large corporations products would be
local and probably have smaller
distributions so as you might be
figuring out there you can probably
figure out who wants uh weak or no IP
protections and who wants strong IP
Protections in general um upstart
Industries and non-industrialized or
newly industrialized countries want uh
weak or no IP protections because they
would like to be able to piggyback on
the research of others in order to start
doing their um own goods and and build
their Industries um established
Industries and Wealthy countries tend to
want strong IP protection because then
they can prevent others from using their
goods and inventors creators and artists
tend to you know sometimes want strong
IP or sometimes want weak IP when
they're inventing and creating um they
tend to want weak IP once they have
invented and created then they want
strong IP over over their product um and
the same company can be on opposite
sides of different um IP battles so if
you know if you have a company like
apple once they've created the iPhone
they really really want um strong IP
protection they have hundreds of patents
on on things like the iPhone but also
there are times where they argue for
Less patent protection um if you
remember before last U Before Christmas
of last year Apple had to stop selling
the Apple watch briefly um because they
lost a patent case with um the company
who H came up with the idea of the heart
monitor and a wearable and so um at that
moment Apple was arguing really strongly
for weak IP protection in that
particular area and so um it just sort
of depends on where a company or
industry or Creator is at at that moment
whether they want strong or weak
IP briefly um we're going to go over the
types of intellectual property um the
three major types of intellectual
property and we will talk about these in
detail in the next uh part of the
lecture is patents trademark and
copyright those are the three biggies
that are in the resolution um and then
Trade Secrets which is not in the
resolution um but is um also sort of a
major type of intellectual property
right um based on the idea of just
keeping your information secret from uh
other companies the um patents and
copyright right and trademarks all sort
of depend to various degrees on
disclosing the thing um that you want to
protect trade secrets are the opposite
they are about non-disclosing of things
so if you've ever heard about cocacola
and the Vault with the Coca-Cola recipe
in it um that is a trade secret rather
than um a trademark or a copyright or a
patent um so that one is not part of the
AF part of the resolution but may be
debated by the
negative I look forward to seeing you in
the second and third parts of this video
in the meantime thanks for watching
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