"For generations communities in the Western Pacific have employed a range of resource management techniques (including periodic reef closures, gear restrictions, entry limitations, and the protection of spawning aggregations) to limit marine resource use." (Cinner 36) Due to continual overfishing customary marine tenure has been adopted by several local communities in order to enforce stricter rules and regulations
"Here is not a question of taking something out of the commons, but of putting something in-sewage, or chemical, radioactive, and heat wastes into water; noxious and dangerous fumes into the air; and distracting and unpleasant advertising signs." (Hardin 1245) Pollution becomes incredibly difficult to manage even with introduction of marine tenure and other local commons
"What makes the right of control collective, rather than individual, is simply the absence of a complete set of contractual relations governing which member of the group is entitled or required to do what." (Seabright 113) What this signifies is, although it seems elective to adhere to procedures and guidelines related with common property, it must be obeyed for the overall benefit of the group and ultimately, the individual
An emerging area of protection is computer programs and databases, an area that has grown exponentially with the use of smartphones and other devices that have resulted in the proliferation of a number of applications. "An environment characterized by rapid technological change creates two conditions that determine the direction and evolution of copyright law: legal delay and legal uncertainty" (Depoorter, 2009)
Furthermore, trademark protection has a different duration than other types of intellectual property. While trademarks can, at least theoretically, be continued indefinitely; "the rights to a trademark can be lost through abandonment, improper licensing or assignment, or genericity" (Fisher, 2003)
However, recently the Supreme Court has taken more of an activist approach in the area of patent law. The Court has narrowed patent protection and has looked at more a more holistic approach, rejecting its former formalistic approach (Lee, 2010)
Moreover, the field of copyright law has always been challenged to keep pace with artistic innovation. "The development of copyright law has been a continuing response to the challenges posed by new technologies that reproduce and distribute human expression" (Leaffer, 2011)
). The question of innovation can be complicated and is specific to genre, but involves "whether a person having ordinary skill in the art could have made it at the time of the prior disclosure" (Seymore, 2011)
While this may seem like a new type of intellectual property, it has long been used on wine to indicate grapes grown in a particular region. It is becoming increasingly popular and has a great monetary value in the coffee market (Teuber, 2010)
Fischel espouses a normative theory of regulatory taking. Fischel believes that because property owners are not an oppressed minority, they are capable of engaging in self-protective behaviors through the legislative process (Cole, p
If such was the case, then absolute ownership of property (that was fairly obtained) can exist and be transferred or distributed at the owner's discretion. Essentially, "Nozick argues for absolute property rights on the basis of the fact that people are ends in themselves" (Johnson, II
If that labor is directed towards the collection or production of previously un-owned (or commonly owned) resources or property, these resources/properties become owned by dint of the labor put into them. A crux of Locke's argument that is especially important today is his belief that "The measure of property nature has well set by the extent of men's labour and the conveniencies of life: no man's labour could subdue, or appropriate all; nor could his enjoyment consume more than a small part" (Locke, V
By strengthening IP protections, China can expect positive economic outcomes. The changes that the country has made to this point have already been shown to be correlated with improved import stimulation, especially with respect to knowledge products (Awokuse & Yin, 2009)
A third criticism of the criticism of China's IP protection regime is that Chinese culture is different. The West's concerns with Chinese intellectual property rights protections are overblown because Western firms apply their own standards and do not take the time to understand the Chinese perspective (Chaudhry, Zimmerman, Peters & Cordell, 2009)
Not only do firms stay out of the Chinese market, but when they do enter many foreign firms take steps to prevent their Chinese partners from gaining access to critical intellectual property (Keupp, Beckenbauer and Gassmann, 2009). This harms Chinese industry -- evidence from the agricultural industry shows that Chinese farmers experience superior outcomes when in areas where intellectual property protections are higher than in parts of the country with weaker intellectual property protections (Hu et al
Quan and Chesbrough (2010) support this argument, noting that companies have been forced to take "dramatic action" to protect their intellectual property when entering China. These actions have included keeping critical intellectual property out of the hands of Chinese partners, or making the intellectual property in question so complex that it cannot be easily replicated (Keupp, Beckenbauer and Gassmann, 2009)
When China joined the World Trade Organization in 2001 it needed to make some changes to its regime to bring it in line with international standards. In 2007, the United States initiated dispute settlement proceedings at the WTO over deficiencies in China's intellectual property rights protection regime (Kshetri, 2009)
Sepetys and Cox (2009) argue that China "has been moving its intellectual property rights regime closer to those found in many more developed nations." As a result of having more comprehensive laws and an increased attention to enforcement, there has been an increase in the number of intellectual property rights cases brought before the courts in China (Sepetys & Cox, 2009)
At present, however, China has shown little interest in taking a leadership role, and instead still has a patchwork of national and regional statutes to govern intellectual property rights protection. This patchwork is complex to the point where it is difficult for Chinese businesses to understand, much less foreigners (Yao & Rao, 2009)
However all of this comes out in the end, one thing is certain: the status of something as private property appears to hinge on its being in significant measure an intentional object -- its status as a private owned entity has to do with in what mental relation is stands with an agent. (Machan 4) The law has always protected tangible property and real property from theft