Intellectual Property Rights Topic Lecture - Part 2

Summary

This lecture delves into the nuances of intellectual property, focusing on copyrights, patents, and trademarks. It explains the purpose of copyrights in encouraging creative work, the patent system's role in rewarding innovation, and the function of trademarks in protecting brand identity. The video also highlights the complexities of digital works, the importance of distinguishing between ideas and expressions, and the challenges faced by the US Patent and Trademark Office, including slow processing times and high costs for small entities.

Takeaways

• 📚 Intellectual Property (IP) includes copyrights, patents, and trademarks, which are legal rights to protect creations and inventions.
• 📖 Copyright is the exclusive right to copy, share, perform publicly, or create derivatives from a work, with the purpose of encouraging creative work.
• 🛍️ The 'first sale' doctrine in the U.S. allows the resale of purchased items without compensating the original creator, complicating the digital realm where 'rental'-like models exist.
• 💡 The distinction between ideas and expressions is crucial in copyright law; only expressions can be copyrighted, not the underlying ideas.
• 📝 Copyright holders are the creators or assignees, while users are those who engage with copyrighted material, such as readers or performers.
• 📅 Copyright protection lasts for the creator's lifetime plus 70 years for individuals, or 95 years for corporations.
• 🏛️ The U.S. Copyright Office, part of the Library of Congress, is responsible for establishing and enforcing copyright laws.
• 🧩 Patents are state-granted monopolies that protect inventions, with the requirement of disclosure, and last for 15 to 20 years.
• 🔬 Utility patents are the most common, covering new machines, processes, systems, and drugs, and are granted for 20 years.
• 🌱 Plant patents protect new plant varieties created by humans and are granted for 20 years, while design patents cover the aesthetic aspects of an invention for 15 years.
• 🚫 Patents are not granted for impossible inventions, laws of nature, mathematical processes, or animals, and the criteria for patentability evolve with technology.

Q & A

What is the main purpose of copyright according to the script?

The main purpose of copyright is to encourage the dissemination and creation of creative work by granting an exclusive right to the creator for a certain period.

What is the concept of 'first sale' in the context of copyright?

'First sale' is a concept in the United States that allows a purchaser of a copyrighted work to sell it again without compensating the original creator, which facilitates the existence of libraries and the second-hand market for books and other goods.

How does the script differentiate between an idea and its expression in copyright law?

The script explains that copyright protects specific expressions of an idea, not the idea itself. You can write a book about a wizard kid, but you cannot copy the literal words of 'Harry Potter'.

What is the difference between a copyright holder and a user?

A copyright holder is the creator or the organization to which the creator has assigned the copyright. A user of copyright is someone who uses a work protected by someone else's copyright, such as reading a book aloud or sharing a news article on social media.

How long does copyright protection typically last?

Copyright protection typically lasts for the creator's lifetime plus 70 years for individuals, and 95 years for works owned by corporations.

What is a patent and how does it differ from a copyright?

A patent is a state-granted limited monopoly where details of an invention are disclosed in exchange for intellectual property protection. Unlike copyrights, which are for creative works, patents are generally for inventions or products.

What are the three types of patents mentioned in the script?

The three types of patents mentioned are utility patents, which protect inventions like machines or processes; design patents, which protect the design or exterior look of an invention; and plant patents, which protect new varieties of plants created by humans.

What is the role of the United States Patent and Trademark Office (USPTO) in the patent system?

The USPTO is in charge of patents, handling the application process, establishing patent protection, and managing the enforcement of patent rights.

What is a trademark and how does it differ from copyrights and patents?

A trademark is a type of intellectual property that protects a brand by distinguishing it from others, often through logos, designs, or unique identifiers. Unlike copyrights and patents, trademarks are not about encouraging creation or invention but about protecting a company's goodwill and preventing consumer confusion.

How long does trademark protection last in the United States?

Trademark protection in the United States can theoretically last indefinitely, provided the mark remains in active use and is properly maintained.

What are some of the controversies or issues discussed in the script regarding copyrights, patents, and trademarks?

Some controversies include the complexity of digital works and the 'first sale' doctrine, the balance between copyright protection and the public domain, patent thickets and the tragedy of the anti-commons, the challenges faced by small entities in obtaining patents, and the potential for trademarks to be used in ways that do not encourage innovation.

Outlines

00:00

📚 Intellectual Property Concepts and Copyright Basics

This section delves into the fundamentals of intellectual property, focusing on copyright. It explains copyright as the exclusive right to reproduce, distribute, perform, or create derivative works from an original creation. The concept of 'first sale' in the U.S. is introduced, highlighting the distinction between owning a copy and owning the copyright. The digital era's impact on this principle is discussed, with examples of digital works that behave more like rentals than purchases. The purpose of copyright is to foster creativity and dissemination of works, balanced against the public's interest in accessing creative works. The difference between ideas and expressions in copyright law is clarified, as is the distinction between holders and users of copyrights. The automatic nature of copyright upon creation is noted, along with the importance of registration for enforcement. The duration of copyright protection is detailed, varying between individual creators' lifetime plus 70 years and 95 years for corporate-owned works. The role of the U.S. Copyright Office in establishing and enforcing copyrights is outlined, along with what is copyrightable and what is not, including government works and facts.

05:01

🛰️ Patents: Incentives for Innovation and Their Challenges

This paragraph explores patents as government-granted monopolies that reward inventors with exclusive rights to their inventions in exchange for public disclosure. It contrasts patents with trade secrets and highlights the value and transferability of patents. The paragraph explains the purpose of patents in encouraging innovation by providing a limited-time market advantage to inventors. The difference between copyrights, which protect creative works, and patents, which protect inventions or discoveries, is emphasized. The U.S. patent system's 'first to file' rule is introduced, along with the duration of patent protection, which typically lasts 15 to 20 years depending on the type of patent. The role of the United States Patent and Trademark Office (USPTO) in patent registration and the appeals process for patent disputes is discussed. The paragraph also outlines the three types of patents: utility, design, and plant patents, each serving different aspects of innovation. The criteria for patentability—usefulness, originality, and non-obviousness—are explained, along with examples of what is not patentable, such as perpetual motion machines and natural laws. The paragraph concludes with a discussion of the challenges faced by the USPTO, including slow processing times, inconsistency in patent granting, and the impact of litigation on innovation.

10:01

🌱 Patent Controversies and the Impact on Innovation

The third paragraph examines various controversies and issues surrounding patents, such as the debate over what should be patentable, especially in the context of evolving technology like DNA sequencing. It also addresses the problems faced by the US patent system, including slow patent examination processes, inconsistency in granting patents, and the ability for anyone to challenge existing patents. The paragraph highlights the challenges for small entities in obtaining patents due to the costs and time involved. It also discusses the negative aspects of the patent system, such as patent thickets that can stifle innovation due to overlapping claims, and the tragedy of the anti-commons, where the ownership of too many essential items leads to high search and transaction costs. The concept of patent trolls, or non-practicing entities, which buy patents to sue others rather than innovate, is also explored. The paragraph concludes by discussing how patents can raise costs for existing products due to legal fees associated with patent litigation and defense.

15:02

🏷️ Trademarks: Protecting Brands and Consumer Trust

The final paragraph shifts focus to trademarks, explaining them as a form of intellectual property that protects brands by distinguishing them from competitors. It covers the types of elements that can be trademarked, such as logos, designs, colors, and even scents or music associated with a brand. The purpose of trademarks is to protect a company's goodwill and provide consumer assurance of a product's origin. Unlike copyrights and patents, which aim to encourage creation and invention, trademarks are about protecting existing brands and preventing consumer confusion. The paragraph notes that trademark protection begins with the use of the mark in commerce and lasts indefinitely if actively maintained. Registration of a trademark is necessary to enforce it legally. The role of the USPTO in trademark registration and protection is also discussed, and the paragraph anticipates a likely smaller focus on trademarks in debate topics due to their less controversial nature compared to copyrights and patents.

Keywords

💡Intellectual Property

Intellectual property refers to creations of the mind, such as inventions, literary and artistic works, designs, and symbols, names, and images used in commerce. In the video, it is the overarching theme that encompasses copyrights, patents, and trademarks, which are discussed in detail. It's the focus of the lectures, highlighting its importance in encouraging innovation and protecting creators' rights.

💡Copyright

Copyright is a legal right that grants the creator of an original work exclusive rights to its use and distribution, usually for a limited time. In the video, copyright is explained as the right to copy, share, perform, or create sequels or derivatives based on the work. It's a key part of intellectual property law, with the script discussing its purpose, the difference between ideas and expressions, and the concept of 'first sale' in the context of the United States.

💡First Sale Doctrine

The first sale doctrine is a principle that allows the purchaser of a legally obtained copy of a copyrighted work to resell that copy without the consent of the copyright holder. The script uses the example of buying a book and then selling it to a used bookstore to illustrate this concept, which is integral to the functioning of libraries and second-hand markets.

💡Patent

A patent is a form of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period, usually 20 years in the United States. The video discusses patents as a state-granted monopoly that encourages innovation by rewarding creators with exclusive rights to their inventions.

💡Trademark

A trademark is a recognizable sign, design, or expression that identifies products or services of a particular source from those of others. In the script, trademarks are discussed as a means of protecting a brand and distinguishing it from others, serving to protect a company's goodwill and for consumer convenience.

💡Patent Thickets

Patent thickets refer to a dense web of overlapping patents that a company may face, making it difficult to innovate in a particular area without infringing on existing patents. The video mentions this concept as a potential argument against the current patent system, suggesting it can hinder rather than encourage innovation.

💡Trade Secrets

Trade secrets are confidential business information that provides companies with a competitive edge, such as formulas, practices, or inventions. The script briefly contrasts trade secrets with patents, noting that once a trade secret is disclosed as a patent, it is no longer a secret.

💡Utility Patents

Utility patents are the most common type of patent, which protect the functional aspects of an invention, such as machines, processes, and systems. The video script explains that utility patents are granted for 20 years and are a significant part of the patent system, aimed at encouraging the development of new technologies and products.

💡Design Patents

Design patents protect the ornamental design of a functional item, such as the shape or appearance of a product. The script mentions that design patents last for 15 years and are an important aspect of protecting the aesthetic elements of an invention.

💡Plant Patents

Plant patents are a type of patent that protect new varieties of asexually reproducing plants that have been created by humans. The video script notes that these are the least common type of patent and are granted for 20 years, highlighting the specific area of plant breeding and innovation.

💡Patent Trolls

Patent trolls, also known as non-practicing entities (NPEs), are entities that acquire patents and use them to sue others for infringement, rather than using the patents for their intended purpose. The script discusses this as a problem within the patent system, where litigation can occur without contributing to innovation.

Highlights

Introduction to the concept of intellectual property and its background.

Explaining the exclusive rights granted by copyright, including copying, sharing, and public performance.

The U.S. 'first sale' doctrine, allowing the resale of purchased items without compensating the original creator.

The complexity of copyright in the digital age, with examples of digital works disappearing from devices.

The purpose of copyright to encourage the dissemination and creation of new works, as derived from the U.S. Constitution.

The distinction between ideas and expressions in copyright law, with examples of non-copyrightable ideas.

Differentiating between a copyright holder and a user, with examples of each.

The moment of creation as the establishment of copyright, even before registration.

Copyright protection duration, which lasts for the creator's lifetime plus 70 years for individuals, or 95 years for corporations.

The role of the Copyright Office in the U.S. federal government for establishing and enforcing copyrights.

What is copyrightable and what is not, including government works and facts.

The evolution of what is considered copyrightable with technology advancements.

Controversies over what constitutes copyright infringement, such as search engines and Google Books.

The definition and purpose of patents, including the disclosure requirement for protection.

The difference between copyrights for creative works and patents for inventions or products.

The process of establishing patent protection through the United States Patent and Trademark Office (USPTO).

The duration of patent protection, which is 15 to 20 years depending on the type of patent.

The three types of patents: utility, design, and plant patents, each with different durations and protections.

Criteria for patentability, including usefulness, originality, and non-obviousness.

Challenges with the USPTO, such as slow processing times and inconsistency in results.

The impact of patents on innovation, with arguments for and against their effectiveness.

The concept of patent thickets and the tragedy of the anti-commons as barriers to innovation.

The issue of patent trolls and their impact on litigation and innovation.

The final concept of trademarks, their purpose, and how they differ from copyrights and patents.

Trademark protection, its establishment, and the role of the USPTO in trademark registration.

The potential for trademark protection to last indefinitely if kept active.

Transcripts

hi Debaters this is part two of a set of

topic lectures on the 2024 2025

intellectual property topic um the first

topic lecture introduced the concept of

intellectual property and some

background on it this topic lecture will

take it further and talk about the key

Concepts in the

resolution so in this lecture we will be

talking about copyrights patents and

trademarks we'll start by talking about

copyright what is copyright copyright is

the exclusive right to copy share

perform publicly or generate sequels or

toys based on a work that you um or a

company that you own have created and to

allow or not allow others to do that in

the United States we have the concept of

first sale which means that um once you

have purchased something you then can

sell it again without paying the

original author that's the reason we can

have libraries it's also the reason um

that we have used books so if you buy a

book um you can then give it to a used

bookstore or sell it to used bookstore

can sell it again and no money goes back

to the original Creator the original

Creator only gets uh paid on that first

sale that said this has become a lot

more complicated by digital works if

you've ever had a Kindle book uh

disappear or something disappear off of

your iPhone because Apple lost the

rights to that piece of music um even

though you purchased it you have really

only rented it so the purpose of

copyright is to encourage the

dissemination and creative work and in

part one we looked at where that comes

from in the US Constitution um but the

idea idea is that by granting an

exclusive right to a Creator um you are

encouraging them to create those

things one thing that's really important

to understand in the concept of

copyright is the difference between

ideas and expressions so copyright

expresses or protects specific

expressions of an idea you can write

your own book about an orphan kid who is

a wizard and goes to boarding school and

finds out he needs to save the world you

cannot copyright Harry Potter and sell

it to your friends um and those are the

difference between an aidea the idea of

the wizard kid and the expression um the

literal words um that were written there

another concept that's important to

understand in copyright is the

difference between a holder and a user

so the holder is the creator um or the

organization that they have assigned

that copyright to so every time you

write an email you are the holder of a

copyright if you um create a Tik Tock

video and post that you are the holder

of a

copyright on the other hand uh there are

also users of copyrights users of

copyrights are the person person who

uses a copyright assigned to someone

else so if you read a book out loud if

you sing a cover song and open mic night

if you retweet or share a news article

on social media you are the user of

someone else's copyright and that

copyright was established the moment

that work was quote fixed in a tangible

medium of expression I'll say that again

fixed in a tangible medium of expression

that means that the moment a poem was

written down uh copyright exists the

moment um that video was recorded the

copy copyright exists um if you want to

enforce your copyright against others

you eventually are going to need to

register it um but the right exists even

before you register it you just can't

enforce that right until it's

registered copyright protection lasts

the Creator's Life Time plus 70 years so

if you create something today um and

then you go on to live a nice long life

um your copyright on the thing you

created today will exist until 70 years

after your death um on the other hand if

a corporation owns something if you know

Apple creates something today um then it

lasts 95 years so something owned by a

corporation 95 years um something that

is created by an individual it's the

Creator's lifetime plus 70 years who's

in charge of copyrights the copyright

office is in charge of copyrights it's a

relatively small Branch um of the United

States federal government um as part of

the Library of Congress and in the third

video we'll look in more detail about

the parts of the government and how they

relate um to different parts of the

topic but for now it's important to

understand um that the copyright office

is in charge of copyrights and they are

the ones who establish and enforce

copyrights if you want to register your

copyright you would register it with the

copyright

office what's copyrightable and what's

not copyrightable um things that are

copyrightable include this this big long

list it's it's almost everything is

copyrightable a literary work a map um a

music the sound and the lyrics um

choreography for a particular dance is

copyrightable software is copyrightable

architectural designs are copyrightable

most things that are created cre um that

are sort of a creative work are

copyrightable things that are not

copyrightable are things that the United

States federal government has produced

um government works are not

copyrightable and facts themselves are

not copyrightable you can't copyright um

the distance of the Earth to the sun

even if you were the one who discovered

that um if you um you know discover uh

some other fact about the world you

can't copyright that that said the list

changes as copy as technology changes

the original list was very small it was

sort of literary works and maps and

charts and that was just about it um as

um technology has expanded you know as

music could be recorded and um and and

reproduced in a fixed medium then all of

a sudden music became copyrightable as

movies existed as as Recording

Technology has improved then movies can

be copyrighted and the most recent ad on

this list was software software um

couldn't be copyrighted when it first

started and now it can two other um

controversies in copyright and what's

copyrightable over your lifetime have

included search engin

um that those were a question because

obviously the search engine has to index

a web page in order to um be searchable

and so um the owners of the web page

initially protested to being included in

search engines I think eventually most

dropped their suits because they

determined that they would much rather

be in a search engine then excluded from

that search engine um and so that got

litigated in favor of the search engines

and then Google Books um there was about

10 years of litigation on Google books

about whether including a little snippet

from a book um in Google Books was

counted as a a copy opyright

violation there is sort of a a need to

balance copyright protection uh if you

are arguing that status quo protection

is too weak um you're probably making an

argument about how easy is this to

copyright stuff or to excuse me to copy

things um that you know when you are um

copying something if you want a song you

can quickly copy that with tech using

technology that didn't exist you know 20

or 30 years ago and all of a sudden you

can have that song um in a way that you

couldn't back before uh technology

allowed things to be copied on the flip

side those people who think status quo

protection is too strong um you know is

is talking about things like sampling

and everyone's worried about getting

sued all the time and that that um

creates too strong copyright

protection the second key Concept in the

resolution is patents and I think this

is likely to be the largest area in the

resolution in terms of um how many

affirmatives are going to be in that

area we'll talk about that more in part

three what's a patent a patent is a

state granted limited Monopoly where you

disclose the details of a creation in

order to get um intellectual property

protection on it so unlike Trade Secrets

which we talked about briefly in the

first video um it's no longer a secret

once you uh disclose it as a patent but

um you can prevent others from making or

selling the product um patents

themselves can be bought or sold or

licensed so others can use it they tend

to be very valuable um and the holder

gets the exclusive right to manufacture

or sell or build on the tech um so it

protects both the physical product and

the idea of the product you can't just

make your own product along the same

lines um that would be a violation of

patent

protection the purpose of having a

patent system is similar to the

copyright system it is giving an

incentive to create things um because

the Creator gets a limited period where

only that Creator can make money on it

it's the same balance we talked about in

the first video between rewarding

Innovation and preventing um Eternal

monopolies a major difference between

copyrights and patents is that

copyrights are for uh creative Works

something like a poem um and patents are

generally um for uh products that have

been created something like a mouse trap

we'll we'll look at the three types of

patents in just a

moment patent protection is established

when um the patent holder or the patent

Seeker uh applies with the United States

patent and trademark office um and we

have a first to file system not a first

to invent system that changed um in the

last 20 years or so um and the first to

file system says that the person who

files first on that invention um is the

is the owner of that invention um rather

than having to prove you were the first

person to have that idea um that has

changed because of Technology um and how

quickly things can get um created so the

idea is that you would need to establish

patent protection very quickly patent

protection lasts 15 to 20 years after

that it goes into the public domain

where anyone can use it um and um so

once the copyright or the patent

protection has expired um then it is

available for others to use in their um

inventions there are a couple of

exceptions to this one is that if the

patent and trademark office the USPTO um

delays the approval of a patent

sometimes they will extend the length of

time that the person has the patent um

and another is that some uh

Pharmaceuticals have a longer uh patent

protection due to uh lobbying from the

pharmaceutical

industry who's in charge of patents um

the patent and trademark office is in

charge of patents this is part of the

Federal Branch of the constit or of the

government um and then uh it is managed

by uh the USPTO in the Department of

Commerce in the executive branch of the

government patent claims um go to the

court of appeals for the federal circuit

if things are um going to be debated if

somebody's suing over a patent and we'll

talk about this in a lot more detail in

part

three so there are three types of

patents um the most common by far are

utility patents this is probably what

you're thinking of when you think of a

patent it protects inventions such as

machines or processes it protects

systems it protects drugs um and most

patent apps are probably going to be

about utility patents utility patents

are granted for 20 years 20 years on

utility patents the second most common

uh types of patents are design patents

um that protects the design or exterior

look of an invention so the shape of a

water bottle um could be patent

protected um as as a very specific type

of shape um that might have some

benefits um and those design patents

last 15 years

finally the third category is called

plant patents um it protects new

varieties of plants that are created by

a human it's the least common type of

patent um and those are granted for 20

years there are three tests to establish

patentability um a patented product must

be useful so there must be some reason

that it's going to exist um it must be

original um another term for this is

that there's no prior art meaning

someone else hasn't already created this

thing um and it has to be nonobvious you

can't just combine two things that are

already patented and say um that you now

get a patent on this on this cool new

thing if it is an obvious um use of an

existing patented thing then it it would

not get patented or at least that's the

goal in terms of what's not patentable

um things that are impossible are not

patentable you cannot get a patent on a

perpetual motion machine um you can't

patent laws of nature or scientific

principles you can't patent gravity even

if you were the one who discovered it um

you can't patent math um or mathematical

processes you can't patent mental

processes or business methods you can't

patent animals and you can't patent

words or phrases um this list also

changes as technology changes there's

been a lot of debate about what should

be patentable in the area of DNA and DNA

sequencing um and my guess is there will

be some affirmatives um based on

patenting and and biotechnology um and

maybe expanding the list of what's

patentable but we'll talk about that in

part

three there are some problems with the

US patent and trademark office that the

AF could attempt to solve um one of them

is that it's really slow um it is

somewhat a result of funding somewhat a

result of overwork and somewhat a result

of just how long it takes to figure out

if something should be patentable um but

patents the patenting process can be

very slow um it can also be inconsistent

and results are uncertain we talked

about the three tests for patent

eligibility well there's a human who

looks at those three tests and tries to

establish whether um you know if that is

the case for a particular type of patent

um and that can lead to inconsistent

results um that if you had gotten a

different uh TR patent examiner you

might have gotten a different result on

the patent another thing is that anyone

can challenge a patent which slows

things down further um there are there

we look at the list of affirmatives in

in part three we'll talk about whether

um that's something that the federal

government should look at um one thing

that's interesting about the US patent

and trademark office is that it is

entirely funded by fees um Congress does

not fund the patent and trademark office

it is funded by the fees that are taken

in when you file for a patent um and

actually Congress often comes in and

takes their money um that Congress takes

um a good bit of um the the patent and

trademark offices funding um to use for

other purposes um and that might be

something that further slows things down

another problem with the patent and

trademark office um is that it can be

really small for small entities um small

firms to get patents because of how

expensive and timec consuming it is both

to do the research to prove that it

should be patentable and that there's no

one else who's already um patented it

and uh just to you know research um hire

the lawyers who are going to argue your

case for you you especially if a patent

is challenged and then finally um the

patent and trademark office itself

instituted new software in 2023 and

unfortunately it hasn't functioned very

well um so that could be something um

that perhaps an affirmative could deal

with um there are two sides to an

argument about patents and Innovation um

the side for patents encouraging

Innovation which is sort of what they're

supposed to do um is that patents reward

first movers they reward somebody who

takes a risk and tries to invent

something new um that those guaranteed

Returns on investment fund future

Innovation so if you are a um

pharmaceutical company you are certainly

going to argue that you need patent

protection so that you can fund future

research in um patents or or future

patentable items you can fund future

research in new drugs um that maybe you

say would not exist without that patent

protection funding um and that it gives

an incentive to build a better mouse

trap meaning um there is a strong

incentive um to improve existing things

um because you might be able to uh

patent the thing that you improve

on the flip side though there are

certainly people who argue that patents

discourage Innovation and and those

arguments are are also very good um one

of them is this concept of patent

thickets so um a patent Thicket is when

you can't innovate in an area because

there are too many overlapping patent

claims maybe you have a really cool idea

for a new you know wearable watch that's

better than the Apple watch but you

can't to do that um you can't really do

it because the Apple has so many

competing claims with other companies um

that makes it really difficult to patent

in that area another one is called the

sort of tragedy of the anti-commons the

idea is that too many essential items

are owned by individuals um which means

that search costs and transaction costs

are really high um people won't use

resources um well because it is just

like too much trouble or too risky um to

in order to do that um that creates

problems um the tragedy of the

anticalins you may have heard of the

concept of patent trolls um or patent

harvesting companies sometimes also

known as non-practicing entities npes

these are companies that buy up patents

just to sue others they're not trying to

make the product that is patented

they're just trying to prevent others

from making that product um and it's

interesting because lawyers in this area

will often take cases on contingency um

and there are entire finance companies

that just invest in patent lawsuits so

um it's a lot of litigation without a

lot of innovation benefit to people um

another problem is that small companies

can get shut out we talked about how

difficult it is for small companies to

get in with the patent and trademark

office and be able to prove their case

and that can really create problems for

Innovation because sometimes those small

companies are the ones who are

discovering really cool new things uh

there are situations where litigation

costs the the cost it is to pay the

lawyer to negotiate with the existing

company swamps the benefit of you know

creating your new thing and then the

final issue is that it raises costs on

existing products a lot of times when

you are buying a product a chunk of the

cost that you are paying is the cost

that they are paying to their lawyers um

to to defend their patents and so that

can create um a real circumstance where

um existing products are much more

expensive um and thus new things don't

necessarily get

created the final Concept in the

resolution which I think is going to be

the smallest by far in terms of number

of AFS in the area is

trademarks um and uh the reason that I

think that there this is going to be the

smallest area of the topic is that it

tends to not have the sort of big impact

things that Debaters are looking for um

but there are some trademark apps that

are likely to be included so what's a

trade Ark a trademark is a type of

intellectual property that protects a

brand by distinguishing it from other

brands so we're talking logos here we're

talking design we're talking color um

there are even P there are even

trademarks on the smell in a store or

particular music um a container shape

can be trademark anything that really

signals to you this is a product from X

brand and not ybr that's probably

trademarked it doesn't prevent other

companies from creating competing

products you just can't use the same

images or the same shape or the same

look such that people would be confused

the purpose of having a trademark system

is a little bit different um it is not

based on the idea of encouraging

invention or creation just like like um

copyrights and patents instead

trademarks exist um for the protection

of a company's quote Goodwill in the

marketplace um meaning that a company

gets to protect their stuff um and it

also is uh ostensibly designed for com

consumer protection or convenience that

you know when you buy that Coca-Cola it

really is Coca-Cola brand Coca-Cola and

not the generic mark

one so again the difference between

copyrights and patents and trademarks is

that copyrights and patents are designed

to encourage creation and invention um

and trademarks are really not about the

incentive to innovate at all it is only

about protection of a company that

already probably exists uh trademark

protection is established the moment you

use the mark in Commerce so the moment

you create a logo and then use that to

advertise your product or your company

that you have trademark on that that

said just like copyrights you have to

register it in order to defend

it trademark protection um lasts

theoretically infinitely um you must

keep it active in order to have it but

theoretically your trademark protection

could last

forever and in the United States the US

patent and trademark office just like

patents is in charge of trademarks um

there's not really a global system you

really have to file in every

country so that's the overview of

copyrights patents and trademarks in

part three we will look at a affirmative

and negative arguments uh on the topic

and likely uh AFS and negs that you're

going to research over the course of the

year in the meantime thanks for watching

and see you for part three