ArtsAutosBooksBusinessEducationEntertainmentFamilyFashionFoodGamesGenderHealthHolidaysHomeHubPagesPersonal FinancePetsPoliticsReligionSportsTechnologyTravel

Intellectual property rights and our judicial system

Updated on July 18, 2015

The issue of intellectual property rights has recently been in the news in some areas and it is one of greed causing pain to others. The aspect involved is one of patents which individuals and businesses have taken the time to protect their rights/ideas. Protecting property rights especially intellectual rights is important and when someone violates these rights they should be punished according to the law. Organizations who own patents have the right to file lawsuits against those individuals or organizations that have violated their patent rights without proper justification or authority. The current problem is one of organizations buying businesses which have gone bankrupt and taking control of the patents they owned.

Businesses are bought and sold all the time in our present economic environment but organizations have taken this to a new level. In purchasing companies and their patents the organizations then search out any individual or company which they feel may have violated the patents they now own whether there is any clear violation makes no difference. This impacts the financial stability of companies and individuals being sued as there are lawyer and court costs to be allocated. From research these organizations have lost a large majority of these cases as courts have decided against the organization filing the lawsuit. This is another example where our tort system needs to be changed.

The present situation in many if not all cases those who file lawsuits do not pay the costs to individuals or organizations being sued. This needs to change in dramatic fashion. While there may be some differences among states the overall federal tort system needs to require those who file lawsuits to be required to pay the court and lawyer costs for those they are suing. The number of cases in our judicial system I believe would be drastically reduced if those filing lawsuits may be required to pay all the costs if they lose their case.

Lawyers also must take some responsibility in that if a case basically has no chance of winning or a remote chance of winning they should counsel the clients about the financial possibilities. Some lawyer organizations have made the commitment to not charge a client if they do not win the case. This in and of itself is not only a great marketing initiative but it puts in place I believe an evaluation process about cases being present to them for action. This profession should not be about how much money they can make but doing the right thing both for their clients or potential clients and the judicial system. We complain about the costs of government and reducing or eliminating these type of cases from the judicial system will allow a more efficient system to be in place.

Every individual or organization has a right to sue for restitution from those who have done them harm, but in many cases there is some responsibility on both sides of an issue. This must be considered when making a decision to sue. In addition if a business is being sued it will raise their costs and this cost will be passed on to consumers. Our judicial system is not perfect but it is one of the best if not the best in the world in providing opportunities to appeal if it is felt a bad decision has been made regardless if it is by a judge or jury. This does not mean that it does not have problems. Tort reform has been discussed for a number of years and yet nothing has been done. Individuals in our government entities need to make the necessary decisions to change our tort system for the betterment of the system and protecting those who are being sued when there is little basis for a lawsuit. Requiring that court costs and lawyer fees be paid by individuals who lose their case may go a long in revamping our judicial system and potentially reduce the number of cases currently in the system today and into the future.


    0 of 8192 characters used
    Post Comment

    No comments yet.


    This website uses cookies

    As a user in the EEA, your approval is needed on a few things. To provide a better website experience, uses cookies (and other similar technologies) and may collect, process, and share personal data. Please choose which areas of our service you consent to our doing so.

    For more information on managing or withdrawing consents and how we handle data, visit our Privacy Policy at:

    Show Details
    HubPages Device IDThis is used to identify particular browsers or devices when the access the service, and is used for security reasons.
    LoginThis is necessary to sign in to the HubPages Service.
    Google RecaptchaThis is used to prevent bots and spam. (Privacy Policy)
    AkismetThis is used to detect comment spam. (Privacy Policy)
    HubPages Google AnalyticsThis is used to provide data on traffic to our website, all personally identifyable data is anonymized. (Privacy Policy)
    HubPages Traffic PixelThis is used to collect data on traffic to articles and other pages on our site. Unless you are signed in to a HubPages account, all personally identifiable information is anonymized.
    Amazon Web ServicesThis is a cloud services platform that we used to host our service. (Privacy Policy)
    CloudflareThis is a cloud CDN service that we use to efficiently deliver files required for our service to operate such as javascript, cascading style sheets, images, and videos. (Privacy Policy)
    Google Hosted LibrariesJavascript software libraries such as jQuery are loaded at endpoints on the or domains, for performance and efficiency reasons. (Privacy Policy)
    Google Custom SearchThis is feature allows you to search the site. (Privacy Policy)
    Google MapsSome articles have Google Maps embedded in them. (Privacy Policy)
    Google ChartsThis is used to display charts and graphs on articles and the author center. (Privacy Policy)
    Google AdSense Host APIThis service allows you to sign up for or associate a Google AdSense account with HubPages, so that you can earn money from ads on your articles. No data is shared unless you engage with this feature. (Privacy Policy)
    Google YouTubeSome articles have YouTube videos embedded in them. (Privacy Policy)
    VimeoSome articles have Vimeo videos embedded in them. (Privacy Policy)
    PaypalThis is used for a registered author who enrolls in the HubPages Earnings program and requests to be paid via PayPal. No data is shared with Paypal unless you engage with this feature. (Privacy Policy)
    Facebook LoginYou can use this to streamline signing up for, or signing in to your Hubpages account. No data is shared with Facebook unless you engage with this feature. (Privacy Policy)
    MavenThis supports the Maven widget and search functionality. (Privacy Policy)
    Google AdSenseThis is an ad network. (Privacy Policy)
    Google DoubleClickGoogle provides ad serving technology and runs an ad network. (Privacy Policy)
    Index ExchangeThis is an ad network. (Privacy Policy)
    SovrnThis is an ad network. (Privacy Policy)
    Facebook AdsThis is an ad network. (Privacy Policy)
    Amazon Unified Ad MarketplaceThis is an ad network. (Privacy Policy)
    AppNexusThis is an ad network. (Privacy Policy)
    OpenxThis is an ad network. (Privacy Policy)
    Rubicon ProjectThis is an ad network. (Privacy Policy)
    TripleLiftThis is an ad network. (Privacy Policy)
    Say MediaWe partner with Say Media to deliver ad campaigns on our sites. (Privacy Policy)
    Remarketing PixelsWe may use remarketing pixels from advertising networks such as Google AdWords, Bing Ads, and Facebook in order to advertise the HubPages Service to people that have visited our sites.
    Conversion Tracking PixelsWe may use conversion tracking pixels from advertising networks such as Google AdWords, Bing Ads, and Facebook in order to identify when an advertisement has successfully resulted in the desired action, such as signing up for the HubPages Service or publishing an article on the HubPages Service.
    Author Google AnalyticsThis is used to provide traffic data and reports to the authors of articles on the HubPages Service. (Privacy Policy)
    ComscoreComScore is a media measurement and analytics company providing marketing data and analytics to enterprises, media and advertising agencies, and publishers. Non-consent will result in ComScore only processing obfuscated personal data. (Privacy Policy)
    Amazon Tracking PixelSome articles display amazon products as part of the Amazon Affiliate program, this pixel provides traffic statistics for those products (Privacy Policy)
    ClickscoThis is a data management platform studying reader behavior (Privacy Policy)