Reveille L.

Domingo University of Baguio, School of Law

Atty. Raymundo A. Bautista Intellectual Property Law

Movie Analysis: Flash of Genius

What drives a man to master his craft or perfect his skill in a certain art is not the pecuniary gain that results from hard work and determination, but the gratification that arises from the actualization of a potentiality that is almost, always considered to be beyond the realm of possibility. This is the flash of genius, the eureka moment, the epiphany or creation of something that evades susceptibility to present standards of the inert ordinary. This phenomenon is unique to each person, such that, there becomes an established association between the creator and the creation, the inventor and the invention. Furthermore, the alienation of the latter causes anxiety on the former.

The movie portrays a very Marxist interpretation of the concept of work or labor. According to Marx, the link between the subject and the object is an essential feature that must remain intact. This connection to the latter founds the formers sense of dignity and self-worth. In a sense, it grounds his humanity and keeps his sanity. Needless to say, it completes him. For what else propels a humble professor to pursue an infringement lawsuit against a time-honored motor company, if not for the recognition that the controversial intermittent windshield wiper is his, that the invention in question is a reflection of his very person?

One can argue from the point of view of justice as an inherent compass to do good and avoid evil. But in this dilemma, the sense of justice is the language of the drama, for it is the medium of rightfully claiming ownership of something.

All laws that pertain to intellectual property are founded on this line of argumentation. More than the monetary return from patents, trademarks, or copyrights, the ultimate consideration of the originator is the public recognition that such and such inventions are his working.

The pertinent laws were enacted to restrain, prohibit, and prevent any unauthorized person or entity from making, using, offering for sale, selling or importing any patented product. Albeit the contribution to society, to the human race, is a caveat to be regarded as the holder of a patent under the law, it is enough to say that this prevents the monopolization of a gift which should be enjoyed by all in a lawful manner.

This is Robert Kearns battle cry. Before the Ford Motor Company, he is a nobody, a lowly college professor and part-time inventor. But the law applies to all. In fact, it particularly takes side with him. He is an inventor who believes that the law will protect him from any violations committed against him by abusive large-scale companies such as Ford. To trust a justice system that is susceptible of manipulation by those who have the final say in the economic arena is, indeed, very taxing of ones time and resources. But the firm conviction to take back a part of ones own which has been unlawfully taken away disregards apparent limitations and finds ways to address the issue. In the long run, the movie admonishes that when the time comes for one to experience the flash of genius, he must hold on to it. And when the time comes when the need arises to defend it, he must defend it without hesitation.