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Why is intellectual property important? — Part 1

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Justification No. 1: Morality vs. Stealing

Supporters of intellectual property say you shouldn’t steal ideas. (Copyright law says it’s ok to use Rembrandt’s Ten Commandments because it’s in the public domain). Examples of companies who believe this are prescription drug companies, Apple, and Microsoft.

Others believe ideas should be shared so society can advance more quickly. Examples of companies that believe this include Google. 

Which way do you lean?

JAMA talks low back pain

The Journal of the American Medical Association (JAMA) ​recently published an article on low back pain on its Patient Page. This article contains a good discussion of the anatomy of the back, the sources of low back pain, and the range of treatments that should be considered.

JAMA notes that low back pain can result from problems with muscles, bones, or nerves, but muscle pain doesn't move down the legs. When the patient has had trauma, imaging studies such as x-rays, MRIs, and CT scans are appropriate. JAMA reports that treatment may include exercise, physical therapy, chiropractic, acupuncture, over-the-counter or prescription medication, and, in rare cases, surgery.

One of the things that we found interesting is that the JAMA article cited a clinical guideline by the American College of Radiology (ACR). This article discusses the appropriateness of several types of imaging studies under different clinical conditions. The ACR guideline states that most uncomplicated low back pain resolves on its own, but that intervention is needed for more complicated cases. ​The guideline considers low back pain to be "complicated" when it is accompanied by trauma, cumulative trauma, or lasts longer than 6 weeks. The ACR guideline confirms that x-rays are appropriate for evaluating alignment and instability in the low back.  

The ACR guideline was published by the National Guideline Clearinghouse (NGC). The NGC is a governmental organization created in partnership with the American Medical Association and the American Association of Health Plans (now America's Health Insurance Plans [AHIP]). Its mission is to provide health professionals, health plans, and others a mechanism for obtaining objective information on clinical practice guidelines.

We are glad to see JAMA referencing the NGC's Guidelines. As lawyers who deal with health issues for our clients, we like to work with doctors who utilize the latest health guidelines in their practice. 

Where do trade secrets come from?

Trade secrets are created by state law. That means each different state has different trade secret laws. Trade secret laws are designed to protect:

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  • proprietary business information
  • customer lists
  • product formulas
  • machinery designs
  • computer software
  • other valuable secrets

Employers often have trade secret clauses in employment agreements to show they are taking steps to protect their trade secrets. Are the secrets of your business safe?

Where do trademarks come from?

Where does intellectual property come from? Different places. Trademarks come from the U.S. Constitution — Article I, section 8, clause 3. It says Congress shall have the power to “regulate commerce with foreign nations, and among the several states.”

Trademarks are part of a broader set of laws that prohibit unfair competition. Unfair competition laws prohibit things like counterfeiting and mislabeling goods about where they’re from or what type of of product they are. Congress can regulate trademarks and unfair competition because it has the power to regulate commerce.