The Challenges of the Intellectual Property Laws In the World Today

The Challenges of the Intellectual Property Laws In the World Today
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Just like other tangible properties such as real estate need to be protected legally, so are the intangible assets. The laws of intellectual property work concurrently with the regulations and rules concerning artistic work, designs and innovations to ensure the enforcement of legal rights in this field. The laws were purposely enacted to provide incentives to people to come up with their works of creativity for the societal benefit. Intellectual property can easily be stolen or misappropriated by others thus failing to profit the owners. The laws were put in place to curb that. The laws in the corporate world today have proved to face a lot of challenges. This paper discusses those challenges.
Enforcement has been the biggest challenge of IP laws. Making the IP rights valuable and ensuring that the value is preserved in the enormous scale infringement is one of the challenges. One of the major drawbacks of the IP rights in most nations for instance in the UK is that the laws exist, yes, but they are too expensive to enforce. In other instances, these laws have been disregarded. Infective laws are no different to no law at all. In the UK, the IP rights are regarded as private laws (Noville-Rofle, 2016). In most cases, when there is an injury, the holder is subjected to civic courts, and in most cases, the holder of the rights is left free. This becomes a problem if the infringement is too widespread that now it becomes a matter of the nation. If it reaches a point that the infringement threatens the legitimate corporates such that they near collapsing, then the matter gets out of the private zone. In the UK, the laws of IP have been rendered impotent due to the infringement of the counterfeit goods.
Some IP laws are ambiguous (not clearly defined) and thus hard to enforce. The ‘fair use’ cited in the IP laws leaves a question what it means exactly. In the US, the ‘fair use’ allows the use of materials that are copyrighted with the holder’s permission. This allowance is based on the fact that the public is legible to use some materials that are copyrighted for the purposes of criticism or commentary. To test the ‘fair use’ in this context, there are some basic factors to consider:
1) The character and the purpose of use. This is whether the use of the copyrighted material is for the purposes of benefiting the public or for personal gain.
2) The copyrighted work's nature. This is whether is the work using facts and ideas rightfully belongs to the domain of the public rather than its fixation merits just being protection.
3) The amount. This goes back to the quantity of the cop...