Tangible and Intellectual Propert

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Date Submitted: 11/09/2010 07:18 PM

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Tangible and Intellectual Property Issues

- Intellectual property laws are a tool for encouraging economic development through

innovation and creativity. They are as much an economic instrument as a legal

construct and as such their value rests in both their symbolism as well as the

capacity and willingness of the state to support their enforceability;

- Proposals to amend intellectual property laws should be evaluated from first

principles and not merely from an incremental economic perspective;

- Intellectual property laws should be evaluated in practical not theoretical frameworks

taking into account both the direct and indirect (particularly incentive) effects of the

laws;

- Protecting the value of intellectual property in a digital age requires

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legislative

support for the technologies used to deliver that protection. The principles of

copyright, including the right of broadcast, as developed in the past century need to

be interpreted and applied to modern circumstances in order to continue to

encourage intellectual economic innovation and activity;

- Intellectual property creators and consumers are not competitors - claims of

advantage and disadvantage for either in the formation of intellectual property laws

need to be tested and weighed by evaluation of the economic consequences at both

a macro and micro level;

- The strength of a state's intellectual property laws is unmistakeably an indicator of

the economic value ascribed by that state to creativity and innovation;

- An open, well regulated market is the best mechanism for delivering consumer

benefit as economic entities with good information and the ability to obtain an

economic return can respond to consumer demand with flexible, targeted products

and services;

- A legal prohibition...

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