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ERIC Number: ED143280
Record Type: Non-Journal
Publication Date: 1974-Oct
Pages: 15
Abstractor: N/A
ISBN: N/A
ISSN: N/A
EISSN: N/A
[Intellectual Property Rights.]
Latker, Norman J.
Specific reference is made in the Constitution of the United States to the need for protection of intellectual property rights. Later, Madison explored the problem again in the "Federalist" and in a letter to Thomas Jefferson. The present-day argument against protection of these individual rights is not directed against the government's responsibility for protection of private property, but represents an erosion of the concept. This arises because of a persuasion that there is an immediate need to limit property rights in the public interest, or because of public involvement in the process by which intellectual discoveries are transferred to the public in usable form. These arguments seem to contradict the philosophy of the framers of the Constitution. A variety of modern policies have been proposed to deal with this question. The Department of Health, Education, and Welfare has two policies for inventions made with its support, depending on the patent management capabilities and preference of the grantee, and the specifics of the grant contract. The flexibility of this patent policy appears to have resulted in industry's active pursuit of university research. (MSE)
Publication Type: Speeches/Meeting Papers
Education Level: N/A
Audience: N/A
Language: N/A
Sponsor: N/A
Authoring Institution: N/A
Grant or Contract Numbers: N/A