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Intellectual Property and Corporate Espionage
Corporate espionage is an illegal activity though it is on rise in industrial settings. Organizations consider it as one of the techniques to increase their market share and beat the competitor. Various laws have been approved to combat these practices on domestic and international levels. Violation of these acts can result is heavy fines and suspension from business sector.
The advent of information technology has revolutionized the business practices. It has facilitated business operations to a great extent. In the modern 21st century, no organization can expect its existence without information technology. However, every man made system has flaws. Information technology has posed serious challenges for organization with reference to their competitive advantage in the market. As many organizations work on creative and novel solutions to attract the customers, the market value is possible as far as the offers are unique. As soon as other…
American Society of International Law. (2013). Electronic Resource Guide. Retrieved from http://www.asil.org/erg/?page=iipl
BBC. (2005, May 31). Secret World of Industrial Espionage. Retrieved from http://news.bbc.co.uk/2/hi/business/4595745.stm
Business Pundit. (2011, April 25). 10 Most Notorious Acts of Corporate Espionage. Retrieved from http://www.businesspundit.com/10-most-notorious-acts-of-corporate-espionage/
CIPO. (2011). About Intellectual Property. Retrieved from http://www.cipo.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/h_wr00331.html
The WIPO Copyright Treaty significantly takes on some of the elements of the erne Convention.
For patens and other industrial property protection treaties, there are similar challenges in attempting to create a common denominator among the different national legislations. From this point-of-view, the Paris Convention takes over some of the roles fulfilled by some of the previously mentioned conventions. As a multilateral convention, it is important to create a minimum standard in terms of the protection of industrial property.
One of the most overarching agreements on intellectual property rights and their protection in an international framework is done within the World Trade Organization through TRIPS. TRIPS covers copyright and related rights, but also a wide array of other intellectual property, such as industrial designs and patents, trademarks and geographical indications
There are three main sections that form this multilateral agreement. The first deals with standards, in other words, with the…
1. Lemley, Mark. Property Intellectual Property and Free Riding. Texas Law Review, Vol. 83, p. 1031, 2005
2. Larrick, Andrew. Resource Guide for Researching Intellectual Property Law in an International Context. June 2008. On the Internet at http://library.law.columbia.edu/guides/International_intellectual_property. Last retrieved on May 7, 2010
3. Overview -- TRIPS Agreement. On the Internet at http://www.wto.org/english/tratop_e/trips_e/intel2_e.htm . Last retrieved on May 7, 2010
Lemley, Mark. Property Intellectual Property and Free Riding. Texas Law Review, Vol. 83, p. 1031, 2005
The right to distribute is one thing, the right to the idea is another.
It is quite possible that the Internet itself has spawned this idea of intellectual property as separate from tangible property in a quite real way. By viewing the Internet itself as basically intangible, in essence you cannot see the Internet only the result that is given on the screen, certainly has something to do with starting one thinking about this concept. In another enigma, the Internet is often used to violate the Intellectual property of another.
The marked increase in intellectual property theft, combined with the lack of deterrence provided by civil remedies, has led the federal government and most states to enact criminal statutes to prevent the theft of intellectual property and protect owners' rights. The federal government has made trademark and copyright infringement a priority. (Newman, Cai & Heugstenberg, 2007, p. 694)
May, C. (2007). The World Intellectual Property Organization and the Development Agenda. Global Governance, 13(2), 161-168
Newman, D., Cai, M., & Heugstenberg, R. (2007). Intellectual Property Crimes. American Criminal Law Review, 44(2), 693-696
Smith, H.E. (2007). Intellectual Property as Property: Delineating Entitlements in Information. Yale Law Journal, 116(8), 1742-1765
Vaidhyanathan, S. (2005, Spring). Celestial Jukebox: The Paradox of Intellectual Property. American Scholar, 74, 131-134
Intellectual Property for Pre-Owned Boat Sales
Boat World plans on selling pre-owned boats purchased in Florida to newly emerging yachting, jet-ski, and small boat enthusiasts in Saudi Arabia. Given the demand for cheaper alternatives to new jet skis, boats, and cruisers/yachts that exists in the country and the relative lack of any supplier or retailer meeting this demand, it is believed that such a business venture will be highly profitable. Unfortunately, it is of course impossible to claim any sort of exclusive right to this business plan; it is not unique enough in its design or any of its processes or products to warrant protection from national or international intellectual property laws. Once the business takes off, then, there are likely to be other competitors that spring up and follow suit, and so my company Boat World will need to find ways in which to differentiate itself to consumers, and…
In the contemporary cyber environment, innovation does not enhance success. For example, most patents such as songs and books receive low rewards. The author suggests that there is a need to make rules to enhance the bargain of intellectual property owners.
In the contemporary cyberspace and it world, the traditional copyright law has not been sufficient to protect intellectual property right in the face current development of computer and cyber technology. In the cyber world, the traditional copyright law is unable to protect the source code owners, which are the computer instructions written in human readable computer programming language. The importance of source code is that it assists computer to run several programs used for individual and business advantages. Despite the importance of source code, many penetrators have used different technological techniques to steal the source code of other people thereby infringing on the IP law.
Bowie, N.E. (2005). Digital Rights and Wrongs: Intellectual Property in the Information Age. Business and Society Review: 110(1):77-96.
Chowbe, V.S. (2010). Intellectual Property and Its Protection in Cyberspace. The IUP Journal of Intellectual Property Rights. 9(12): 7-41.
Easterbrook, F.H. (2000). Cyberspace vs. Property Law? Texas Review of Law & Politics. Vol. 4.
Johnson reports that "in 1998, the Digital Millennium Copyright Act (DMCA)1 severely limited the use of copyrighted materials in distance learning. In 2002, the Technology, Education, and Copy- right Harmonization Act (TEACH Act) relaxed these restrictions under specific conditions. These two laws significantly changed the way educators could use copyrighted material in the digital class- room." (Johnson, p. 66)
In the section hereafter, the research considers the implications of this orientation for practicing universities.
e can see that in real and applicable cases, the statutes created by the SSHE and the TEACH Act have relevance to university proceedings on the subject. The University of Cincinnati, Ohio (2005) identifies this as a central concern in its official university Copyright Policy. This impacts the ownership status of materials created by university personnel but creates a far looser set of terms than that which is proposed by the SSHE above, seeming more to…
Banas, E.J. & Emory, W.F. (1998). Frontiers of Empirical Research and Development. Public Administration Quarterly, 22(3).
Berson, M.J. (1996). Effectiveness of Computer Technology in the Social Studies: A Review of the Literature. Journal of Research on Computing in Education, 28(4), 486-499.
Brigham Young University. (2010). Brigham Young University Intellectual Property Policy. IPSINFO, Brigham Young University.
Bruwelheide, J.H. (1999). Intellectual Property and Copyright: Protecting Educational Interests and Managing Changing Environments. Montana State University-Bozeman.
Trademarks are one of the key areas of intellectual property that a firm will want to protect. A trademark is defined as a "word, phrase, symbol and/or design that identifies and distinguishes the source of the goods of one party from those of others" (USPTO, 2014). Thus, the trademark is often a company's brand or the symbol associated with the brand. For example, the company name Nike is a trademark and the swoosh symbol is also a trademark, as both specifically identify the Nike company brand.
Trademarks are protected on the basis of each individual country, and the protections afforded by each country can vary significantly. In many parts of the world, trademark protections are minimal. The result is that goods are routinely knocked off. The trademark being synonymous with the brand, inferior goods bearing your company's trademark will surely devalue the brand - the caveat being that the consumer…
USPTO. (2014). Trademark, patent or copyright? U.S. Patent and Trademark Office. Retrieved November 7, 2014 from http://www.uspto.gov/trademarks/basics/definitions.jsp
WIPO. (2014). What is a trade secret? World Intellectual Property Organization. Retrieved November 7, 2014 from
Intellectual property is defined as the unique intellectual output of a person or persons. Some examples of intellectual property are works of art, written or design works that are for commerce, patents, and copyrights. The World Intellectual Property Organization (2018) uses the terminology "creations of the mind". The legal definition for each of these things being intellectual property varies by type and by jurisdiction. For example, some IP is protected by copyright, some by patent, so there is a need to know what type of IP you are dealing with to ascertain the legal dimensions of it (Keener, Lock & Makaravage, n.d). But as a general principle if somebody adds unique value to a work, then that value-added work can be considered their intellectual property. If someone creates an entire work, then it is clearly their property, but the value added principle allows for people to build on things –…
Keener, M., Lock, M. & Makaravage, E. (no date). Ethical uses of intellectual property: The good, the bad and the confusing. Research Like a Librarian. Retrieved January 14, 2018 from https://cloud.lib.wfu.edu/blog/research-like-a-librarian/ethical-uses-of-information-the-good-the-bad-the-confusing/
Marshall, J. & Siciliano, N. (no date). The satire/parody distinction in copyright and trademark law: Can satire ever be a fair use? American Bar Association. Retrieved January 14, 2018 from https://apps.americanbar.org/litigation/committees/intellectual/roundtables/0506_outline.pdf
Masnick, M. (2010). Is intellectual property itself unethical? TechDirt. Retrieved January 14, 2018 from https://www.techdirt.com/articles/20100519/0404029486.shtml
Plagiarism.org (2017). What is plagiarism? Plagairism.org. Retrieved January 14, 2018 from http://www.plagiarism.org/ article/what-is-plagiarism
WIPO (2018) What is Intellectual Property? World Intellectual Property Organization. Retrieved January 14, 2018 from http://www.wipo.int/edocs/pubdocs/en/intproperty/450/wipo_pub_450.pdf
Intellectual property can be described as any exceptional product of human intellect or the mind. Some common examples of intellectual properties include software, music, symbols, movies, designs, symbols, words and phrases. Similar to other properties, intellectual property is safeguarded by relevant laws that seek to protect the interests of creators. These laws seek to achieve this by giving the creators rights over their respective creations. However, the protection of intellectual property is associated with some ethical issues and concerns. This paper discusses intellectual property ethics in relation to intellectual property rights and intellectual property theft. The discussion includes an overview of laws relating to safeguarding intellectual property rights and a brief analysis of the Robin Thicke/Blurred Lines lawsuit.
Intellectual Property Rights and Intellectual Property Theft
Intellectual property rights can be simply defined as the privileges that content creators own over their creations (Burris, n.d.). These rights or privileges are safeguarded…
Intellectual property laws are the subject of much debate. Indeed, some people feel as if the ability to use another person's photo or likeness without payment or other remuneration should be allowed and free while the law itself basically bans such a practice unless such uninhibited usage is granted in advance. As with most things, there is a middle ground between the two that could and should be sought but the middle ground is going to favor the intellectually property proponents much more than the opponents. While the intellectual property people have valid gripes to some degree, there is a need for intellectual property law and the author of this report will offer specific examples of why this needs to be the case.
A major linchpin of the argument for the free and unblocked use of photos by people other than those that are authorized or that…
Getty. (2015). Stock Photography, Royalty-Free Photos, Video Footage & Music -- Getty Images. Gettyimages.com. Retrieved 8 September 2015, from http://www.gettyimages.com/
Huffington Post. (2012). When Paparazzi Go Too Far .... The Huffington Post. Retrieved 8 September 2015, from http://www.huffingtonpost.com/2012/09/28/kate-middleton-nude-scandal-paparazzi-history_n_1904042.html
Kenneally, T. (2015). Taylor Swift Changes Controversial Concert Photography Policy. TheWrap. Retrieved 8 September 2015, from http://www.thewrap.com/taylor-swift-changes-controversial-concert-photography-policy/
People. (2015). PEOPLE.com. PEOPLE.com. Retrieved 8 September 2015, from http://www.people.com/people/
Intellectual Property Law
There has been much controversy surrounding the European Union copyright directive, especially as this relates to the music industry. There have been several arguments that these laws are inadequate when taking into account new technological developments, especially with regard to the Internet. Indeed, when the media industry in general is taken into account, the rapid developments require adjustments in legislation. While the copyright directive is an attempt at such adjustments, it however falls short of the all-encompassing clarity required in specific situations, such as certain cases within the music industry.
The Changing Music Industry and EU Competition Law
Current digital technological advances have significantly changed the music industry in conjunction with other media. Digital technology has made possible the sale of music, on occasion combined with other creative media such as film and text, in a variety of different forms. Previously music was for sale exclusively in…
Hugenholtz, Bernt. "Why the Copyright Directive is Unimportant, and Possibly Invalid." EIPR 11, p. 501-502, 11.10.2000. http://www.ivir.nl/publications/hugenholtz/opinion-EIPR.html
Midgley, Julian T.J. "Critique of the Proposed UK Implementation of the EU Copyright Directive." 8.21.2002. http://ukcdr.org/issues/eucd/ukimpl/critique_uk_impl.html
Pareira, Miguel Mendes. "EU competition law, convergence, and the media industry." Law Society of England and WalesLondon, 23 April 2002. http://europa.eu.int/comm/competition/speeches/text/sp2002_016_en.pdf
Smih, Tony. "UK campaigners call for anti 'anti-rip' CD day of action." The Register, 10.04.2001. http://www.theregister.co.uk/2001/10/04/uk_campaigners_call_for_anti/
Ethics Issues on Intellectual Property in E-usiness
This paper briefly outlines the basics of intellectual property. It also describes the importance of intellectual property in business and then provides a detailed discussion on e-business and intellectual property. The paper will deal with a few cases of infringement to illustrate how intellectual property is important in e-business.
Intellectual property is very important to any business. Intellectual property rights including patents and copyrights have been a key factor for the success of many companies. It provides them with an opportunity to protect their ideas and concepts, preventing others from copying them. With the boom in e-business, there have been many cases of infringement and this has become quite frequent because of the relative ease in sharing information over the Internet. Protection of intellectual property in the Internet is difficult. There are many debates existing over the type of violations that can be…
Jim, S.C Tan Tee. (2001) "E-Business Intellectual Property Rights" Allen & Gledhill Singapore articles available at htpp:/ / www.gledhill.com.sg/pdf/articles/Ipart2.pdf
Blodgett, Mindy. (April 15, 2000) E-Business and Privacy for All? CIO Magazine available at http://www.cio.com/archive/041500/forall.html
Oppedahl and Larson LLP. (1993) "General information about copyrights" available at http://www.patents.com/
Intellectual Property in UK at http://www.intellectual-property.gov.uk/std/faq/question4.htm
E-Business Intellectual Property
Mykytyn, P.P., Mykytyn, K., & Harrison, D.A. (2005). Integrating Intellectual Property
Concepts into MIS Education: An Empirical Assessment. Decision Sciences Journal
Of Innovative Education, 3(1), 1-27. doi:10.1111/j.1540-4609.2005.00050.x
The article integrating intellectual property concepts in MIS education, describes intellectual property as rights that belong to people who own works that are as a result of their mind. Intellectual property regards to products of the human mind that have commercial value need recognition and protection (Mykytyn & Harrison, 2005). It is for this reason that the owners of such works need intellectual property right. The article explores four main categories of intellectual rights. These include copyrights, trademarks, patents and trade secrets. This intellectual property rights get transferred through giving, selling or renting.
The intellectual property rights get a treatment that is similar to tangible property. The owners of these properties have a monopoly over their use for…
Lambert, J. (2009).Enforcing intellectual property rights: A concise guide for businesses, innovative and creative individuals Farnham: Gower.
Mykytyn, P.P., Mykytyn, K., & Harrison, D.A. (2005). Integrating Intellectual Property
Concepts into MIS Education: An Empirical Assessment. Decision Sciences Journal
Of Innovative Education, 3(1), 1-27. doi:10.1111/j.1540-4609.2005.00050.x
People should be interested in Intellectual Property (IP) because IP is an intangible business asset, and if IP is not protected then others can basically steal the asset and use it to further their own interests. Protecting IP is what helps to further innovation and ensure that resources are devoted to research and design. It is also about protecting one’s position in the marketplace. As Bican, Guderian and Ringbeck (2017) point out, businesses have to manage their knowledge to maintain a competitive advantage. If that knowledge is only loosely protected, others could take advantage of it as though it were a resource out in the wild waiting to be snatched up by anyone willing to take it.
Intellectual Property is best defined as a design, product or creation results from one’s own work and to which one has the rights for reproduction or distribution. IP is typically protected…
Bican, P. M., Guderian, C. C., & Ringbeck, A. (2017). Managing knowledge in open innovation processes: an intellectual property perspective. Journal of Knowledge Management, 21(6), 1384-1405.
Mansfield, E. (2019). Intellectual property, technology and economic growth. In Intellectual Property Rights in Science, Technology, and Economic Performance (pp. 17-30). Routledge.
Wexler, R. (2018). Life, liberty, and trade secrets: Intellectual property in the criminal justice system. Stan. L. Rev., 70, 1343.
Yu, P. K. (2017). The RCEP and trans-pacific intellectual property norms. Vand. J. Transnat\\'l L., 50, 673.
Zhang, J., Gu, Z., Jang, J., Wu, H., Stoecklin, M. P., Huang, H., & Molloy, I. (2018, May). Protecting intellectual property of deep neural networks with watermarking. In Proceedings of the 2018 on Asia Conference on Computer and Communications Security (pp. 159-172).
Law in Business
Source: Saunders, K. M., & Golden, N. (2018). Skill or secret? — the line between trade secrets and employee general skills and knowledge. Journal of Law and Business, 15(1), 61-99.
This article primarily focuses on how employees should treat trade secrets legally. The authors argue that as agents or former agents of companies, employees should not disclose trade secrets or any other important confidently information to anyone. Neither should they use it. However, an employee is free to utilize general skills, knowledge, and/ or experience that he or she may have gained on a current or former job without being accused of trade secret misappropriation. This law is related to two legal concepts: employee mobility and protect competition. Nevertheless, the difference between general knowledge and trade secrets is usually not clear. Even the courts in different jurisdictions have not be consistent about what is what between the…
In conclusion, I believe that the anti-circumvention provision is important since it makes sense to prevent unauthorized uses of the intellectual works of the owner who have put so much time and efforts in producing the work.
If a person had a legitimate fair use reason for accessing a work, then nothing in the provision would prevent him or her from doing so.
This provision is also important since it offers the motion picture; music companies; film studios; and publishing industries
Berners-Lee, T. And Hendler, J. (2001). Publishing on the Semantic Web. Nature, 410(4): 1023-1024.
Litman, J. (2001). Digital Copyright. New York: Prometheus Books.
McKenna, B. (2002).Distribution Dollars Drive Ingenta's Growth. Information Today, 18(7):544-545.
Usher, N. (2001). Scientists Demand…
Berners-Lee, T. And Hendler, J. (2001). Publishing on the Semantic Web. Nature, 410(4): 1023-1024.
Litman, J. (2001). Digital Copyright. New York: Prometheus Books.
McKenna, B. (2002).Distribution Dollars Drive Ingenta's Growth. Information Today, 18(7):544-545.
Usher, N. (2001). Scientists Demand Free Journal Access.Harvard Crimson, April 23: 1-3.
It is important to note, from the onset, that revenues for the U.S. recorded music industry have more than halved since the late 1990s (Figure 1.0). In essence, what has often been blamed for the falling revenues is the online music revolution (Mezei, 2018). It is instructive to note that in recent times, streaming services have seen their paid subscriptions go up significantly, with 2016 having been a particularly good year for the said services. These include, but they are not limited to, Tidal, Apple Music, as well as Spotify. Thanks to such growth in streaming services, quite a number of players have in the past expressed their intention to try their hand in this specific market. These include new entrants to this spot, like Amazon.
According to the Recording Industry Association of America - RIAA (2017), in the year 2016, there was an 11.4% growth in U.S.…
Protection of Intellectual Property
Intellectual property is any form of an idea that originates from a person or company and used to create innovative products, or services. Theft of these ideas by foreign entities to produce similar knock off goods has had a negative effect to both the owners of the idea and economy as a whole.
The United States Department of Justice and the Federal Bureau of Investigations (FBI) have taken a number of steps to fight against intellectual property theft. According to their websites, they both run complex investigations on cases that arise from theft of intellectual property. Since intellectual property includes copyright, patents, proprietary products, trade secrets and internet protocols, the two offices have contingencies that are there to resolve unique legal and investigative issues being raised by telecommunication technology. They also, according to their websites have the mandate to pursue local and international cases that relate…
Johnson, C and Walworth, D.J (March 2003). Protecting U.S. intellectual property rights and challenges to digital piracy. Office of industry working paper: U.S. international trade commission. Retrieved from http://www.usitc.gov/publications/332/working_papers/wp_id_05.pdf
NW3C, (September, 2010). Intellectual property theft. National white collar crime center. Retrieved from http://www.nw3c.org/docs/whitepapers/intellectual_property_theft_september_201008B6297ECEB4FAE7EAA79494.pdf?sfvrsn=3
Qui D.L & Yu H, (2010). Does the protection of foreign intellectual property rights stimulate innovation in the U.S. Review of international economics, 18(5). Retrieved from http://infojustice.org/download/gcongress/dii/Qui%20article.pdf
Setec. Investigating intellectual property theft. www.Setecinvestigations.com. Retrieved from http://www.setecinvestigations.com/resources/whitepapers/Investigating_Intellectual_Property_Theft.pdf
Business operations are deemed viable of they succeed in establishing conditions that guarantee safety for its product consumers. Specified standards are applied by business entities to attain such viability. These considerations are critical in product safety, intellectual property, and marketing in general. If a company or business entity violates any of the aspects mentioned, it stands a high risk being caught in a web of ethical and legal complications that might destroy it. PhamaCARE finds itself in such a precarious predicament owing to its blatant violation of a number of legal and ethical standards. There were both ethical and legal problems that impacted on its clients and businesses. Investigating behavior is paramount in uncovering issues related to legal and ethical problems of any business entity.
Pursuant to the scenario above, identify three (3) legal issues and problems PharmaCARE has in relation to marketing and advertising, intellectual property, and regulation of…
Yet, it is difficult to quantify the true value of intellectual property. In theory, the value of intellectual property derives from the degree to which the firm can convert that property into wealth. In some cases -- pharmaceutical patents, for example -- this can be relatively easy to calculate. In other cases -- the good vibes consumers get from seeing the Geico gecko -- quantification becomes more challenging. Yet that gecko character does have value for the insurance company, and if the character was licensed to another firm there would be a high cost attached. Kossovsky (2002) proposed a valuation method for IP loosely based on the Black-Scholes model of option pricing, and the FASB has also issued guidelines with respect to IP valuation. Yet in practice, valuing IP remains one of accounting's dark arts.
Prior to the mid-1990s, there was little consideration for the value of intellectual property. Firms…
Bettiol, M. (2010). HP CEO says he didn't buy Palm for smartphones. BGR. Retrieved April 9, 2011 from http://www.bgr.com/2010/06/02/hp-ceo-says-he-didnt-buy-palm-for-smartphones/
Kossovsky, N. (2002). Fair value of intellectual property: An options-based valuation of nearly 8000 intellectual property assets. Journal of Intellectual Capital. Vol. 3 (1) 62-70.
Rivette, K. & Kline, D. (2000). Discovering new value in intellectual property. Harvard Business Review. Jan-Feb 2000, pp. 54-66.
Product Safety, And Intellectual Property
Legal and Ethical Considerations in Marketing, Product Safety, and Intellectual
Ethics and legal issues refer to the morals and principles that govern the behavior and conduct of individuals or organizations. These legal principles and ethics serve to guide and offer directions on how to act or respond when faced with moral dilemmas. Marketing, advertising and product safety are areas of importance to everyone in the community. Production, distribution and use of products or services are areas guided by the laws of the land. The laws function to protect the community from exploitation or mishandling by the participants in the above sectors. In the marketing and advertising framework, the concept of ethics deals with personal moral principles and values. Under this framework, the society understands that laws are values and standards that are enforceable in the court. In the production of goods and services, the…
Ventola, C.L. (2011). Direct-to-Consumer Pharmaceutical Advertising. Journal List, 36 (10), 669-674,681-684. www.ncbi.nlm.nih.gov > Journal List > PT > v. 36 (10); Oct 2011
Hurd, H.M. (1996). Deontology of Negligence, The. BUL Rev., 76, 249.
Carden, S. (2006). Virtue ethics: Dewey and Maclntyre. New York: Continuum International
Each institution must have an acceptable use policy for access to all systems including the Internet/World Wide Web. This policy must include provisions for:
protecting the confidentiality of students protecting intellectual property rights, licensing agreements and legal/ethical standards for sharing of resources with other educational entities upholding the integrity of systems, programs and information resources
The duties and responsibilities to carry out this policy are placed upon institutions, IT officials, and instructors (District Technology Plans: Essential Components and E-ate Plan Criteria, n.d.).
The Florida policies do a good job in making sure that each institution has a policy in regards to intellectual property. It deals with protecting the use rights of the systems that are being used in the course of distance learning along with student confidentiality. This is an advantage to both the institution and the individual student. What this policy does not address is how reasonable technological measures…
Bruwelheide, Janis H. (2010). TEACH Act Highlights and Resources. Retrieved January 26,
2010, from National Education Association Web site:
District Technology Plans: Essential Components and E-Rate Plan Criteria. (n.d.). Retrieved
a) Sonderholm (2010) describes intellectual property rights as "a socio-economic tool that creates a temporary monopoly", specifically as a means to allow creators to earn profit, which in theory will incentivize more creation.
On the issue of digital rights management versus the public's right to fair use, there are several issues to unpack. First is that a person who creates intellectual property has no obligation to do anything with it. In fact, there are vast reservoirs of unpublished novels, unfilmed screenplays, photographs, drawings…a vast amount of the intellectual property that is created is never brought to the public at all, and still more would be if there were means to do so provided to the creator.
But should a creator decide to bring their work to the public sphere, they and only they should have the right to determine how that work is delivered to the public. It…
Threats to Ownership and Copyright of Intellectual Property
The intellectual property (IP) is defined as an original creative work, which may be tangible or intangible form legally protected by law. (aman, 2004). The intellectual properties include the rights to scientific, artistic and literary works. Moreover, IP covers the invention of human endeavor, scientific discoveries, and industrial design. A current revolution of information technology has made IPs the greatest assets of assets. In the last few decades, there has been a rapid growth of digital discoveries where the IPs of the digital products are in electronic format. However, hackers have taken the advantages of the digital form of IP products by invading and stealing their IP in order to produce the counterfeited products and later sell them online. (Zucker, & Nathan, 2014). IP theft refers to an infringement of patents and copyright through counterfeiting of digital theft. Counterfeiting is an imitation…
Barker, D. M., (2005). Defining the Contours of the Digital Millennium Copyright Act: The Growing Body of Case Law Surrounding the DMCA, 20 Berkeley Tech. L.J. 47.
Guess, R., Hadley, J., Lovaas, S., & Levine, D.E. (2014). Protecting digital rights: Technical approaches. In Bosworth, et al. (Eds.), Computer Security Handbook (6th ed., pp. 42.1-42.23). New York, NY: John Wiley & Sons.
IP Center (2011). Intellectual Property Rights Violations: A Report on Threats to United States Interests at Home and Abroad. National Intellectual Property Rights Coordination Center.
NIPRCC (2011). Intellectual Property Rights Violations: A Report on Threats to United States Interests at Home and Abroad .National Intellectual Property Rights Coordination Center.
Marketing, Product Safety, and Intellectual Property
Legal and ethical considerations
PharmaCAE intentionally bypassed the Food and Drug Administration when it established CompCAE a compounding pharmacy. This was done in order to avoid FDA scrutinization, which indicates that the company was aware of the side effects that the drug would have on patients. By evading FDA scrutiny and approval, PharmaCAE was able to sell the new formulation on a prescription basis without the need to seek approvals. CompCAE was not supposed to market directly to consumers, but it still conducted direct marketing to consumers and hospitals. Furthermore, the company encouraged doctors to fax them lists of fictitious patient names. This was done to demonstrate that the company was not selling directly to consumers, but rather it was doctors who were prescribing the drug to the patients.
When reports started surfacing indicating that the drug was causing heart attacks, the…
Halbert, T., & Ingulli, E. (2011). Law and ethics in the business environment. Boston, MA: Cengage Learning.
Kim, Y.K., Lee, K., Park, W.G., & Choo, K. (2012). Appropriate intellectual property protection and economic growth in countries at different levels of development. Research policy, 41(2), 358-375.
Liu, W., KNOx, C.A., & Brushwood, D.B. (2013). Discretion of the Food and Drug Administration to enforce compounding rules. AMERICAN JOURNAL OF HEALTH-SYSTEM PHARMACY, 70(17), 1538-1543.
Peffer, S.L., Bocheko, A., Del Valle, R.E., Osmani, A., Peyton, S., & Roman, E. (2013). Whistle Where You Work? The Ineffectiveness of the Federal Whistleblower Protection Act of 1989 and the Promise of the Whistleblower Protection Enhancement Act of 2012. Review of Public Personnel Administration, 0734371X13508414.
managers protect intellectual property rights in China using de facto strategies" by Keupp, Beckenbauer and Gassmann. It was published in R&D Management in 2009 and the full text is available online at http://www.alexandria.unisg.ch/EXPORT/DL/53574.pdf
The authors begin with the premise that intellectual property rights are not as well-protected in emerging markets as they are in estern countries. In China, the authors note, social norms give the country a view on intellectual property rights that is distinct from the estern view. As a result, firms face significant risk in doing business in China, because they expose their intellectual property to actors who do not have the same respect for IP rights. The Chinese legal system simply does not respect IP rights to the degree that most estern firms would prefer.
Thus, estern firms need to employ creative strategies in order to ensure that their rights are protected. The authors' use of the…
Keupp, M.; Beckenbauer, A. & Gassmann, O. (2009). How managers protect intellectual property rights in China using de facto strategies. R&D Management. Vol. 39 (2) 211-224.
ability of drug developers to protect their intellectual property.
The Me-too drugs
According to Angell, a Harvard Medical School lecturer, the 'me-too' drugs are being put out in the industry in large amounts. They are similar to the present treatments which mean that they are no better than the drugs that are already present in the market treating a similar condition. Even seventy-five percent of the drugs that are being approved by the FDA are me-too drugs so there is always a possibility that it can be more effective than the present drugs in the market but as long as they are effective as compared to a placebo, they would always get the approval of the FDA making it difficult for the drug developers to protect the actual drugs (Jones, 2004).
The American industry spends a lot of money on marketing as compared to research and at least…
Jones, M. (2004, September 07). The Truth About Drug Companies. Retrieved February 14, 2016, from www.motherjones.com: http://www.motherjones.com/politics/2004/09/truth-about-drug-companies
Mistry, R., & Maheshwari, D. (2015). REGULATORY EXCLUSIVITY STRATEGIES: FURTHER PROTECTION FOR PHARMACEUTICALS IN U.S., EUROPE AND JAPAN. WORLD JOURNAL OF PHARMACY AND PHARMACEUTICAL SCIENCES, 977.
China & IP
My research topic is intellectual property rights in China. My thesis is that China needs to strengthen its protection of intellectual property rights in order to improve its integration with the global economic system. I will argue this point on the basis that China's current level of intellectual property rights protection is inadequate.
I have chosen this topic because it a highly topical within the business world. China is one of the largest economies in the world, one of the world's most important manufacturing centers and one of the world's most important consumer markets. Yet to most observers, China lags in its protection of intellectual property rights. These rights are fundamental to the functioning of the modern economic system, where individuals and companies are compensated for their output. An analysis of Chinese intellectual property rights as they stand de jure and de facto, in light of its…
Awokuse, T. & Yin, H. (2010). Intellectual property rights protection and the surge in FDI in China. Journal of Comparative Economics. Vol. 38 (2) 217-224.
Keupp, M.; Beckenbauer, A. & Gassmann, O. (2009). How managers protect intellectual property rights in China using de facto strategies. R&D Management. Vol. 39 (2) 211-224.
intellectual rights and how they apply to all aspects of the business cycle.
Intellectual ights and the Business Cycle
Intellectual rights are something that almost every business today has to deal with in some form or other. While the concept is a relatively new one, it has, nonetheless, become a concept that no business today can afford to ignore. Intellectual rights can affect every part of the business cycle, and a company that ignores this issue does so at its own peril. Businesses can be forced out of business or find themselves in complicated legal trouble over intellectual rights if they abuse the intellectual rights of others. Businesses can also find themselves mired down in lengthy court battles and in financial peril if they ignore their own intellectual rights. This paper examines the issue of intellectual rights as they apply to all aspects of the business cycle.
What are intellectual…
Business Cycle." (2003). Economics A-Z. Retrieved on October 25, 2003 at http://www.economist.com/research/Economics/alphabetic.cfm ?
Commission on Intellectual Property Rights." (n.d.). Commission on Intellectual Property Rights. Retrieved on October 25, 2003 at http://www.iprcommission.org/ .
Copyright Basics." (2000). U.S. Copyright Office. Retrieved on October 25, 2003 at http://www.copyright.gov/circs/circ1.html .
The author of this report is asked to answer a series of questions relating to intellectual capital (IC), both in general and in relation to Apple Corporation. The first question asks whether the organizational structure of Apple considers intellectual capital an asset. The second question asks how have ethical policies and practices affected the organization's intellectual capital and its value. The third question asks what strengths and weaknesses exist in structure and ethics. The fourth item asks the author to offer recommendations relating to increasing the value of the organization's intellectual capital based on structure and ethics (Apple, 2013).
As for the first question, Apple's intellectual capital is absolutely an asset. Their structure and especially their brand names and patents are the core (pardon the pun) of Apple's strength and resilience. Their innovation and brand presence allow them to sell MP3 players for far high price…
Apple. (2013, September 2). Apple. Apple. Retrieved September 2, 2013, from http://www.apple.com/
Bouys, G. (2009, April 11). Peasants, pitchforks and AIG | NJ.com. Blogs - NJ.com.
Retrieved September 2, 2013, from http://blog.nj.com/njv_guest_blog/2009/04/peasants_pitchforks_and_aig.html
Kanter, J. (2013, March 6). Europe Fines Microsoft $732 Million Over Antitrust Law
New communication technologies require stricter scrutiny, as well. The threat of reprisal is the most effective measure against intellectual property right infringements, and for this reason one of the most essential actions that can be taken in this regard -- and frequently is -- is the filing of civil and criminal charges against companies that infringe upon these rights in an aggressive and uncompromising manner (Long 2000). This not only limits damages, but dissuades future infringement.
Protecting Other Firms
efraining from infringing on another company's tangible and intellectual property rights might be seem to be a simple task, but it does require that certain actions are taken by pharmaceutical company managers. First and foremost, knowledge of the property right laws in effect must be obtained and thoroughly understood in order to refrain from infringing upon them. With this knowledge in place, managers can ensure that any similarities that develop between…
Ghauri, P. & Rao, P. (2008). "Intellectual property, pharmaceutical MNEs and the developing world." Accessed 17 January 2010. http://www.sciencedirect.com/science?_ob=ArticleURL&_udi=B6W5M-4SY6YJR-3&_user=10&_rdoc=1&_fmt=&_orig=search&_sort=d&_docanchor=&view=c&_searchStrId=1171065541&_rerunOrigin=google&_acct=C000050221&_version=1&_urlVersion=0&_userid=10&md5=e667e8f8848aae7fd6fe1c222ed046d6
GTN. (2004). "Intellectual property summary." Accessed 17 January 2010. http://www.cid.harvard.edu/cidtrade/issues/ipr.html
Kaufman, J. (2008). "Intellectual Property Rights and the Pharmaceutical Industry." Accessed 17 January 2010. http://www.america.gov/st/econ-english/2008/April/20080429230451myleen0.4181027.html
Long, C. (2000). "Intellectual property rights in emerging markets." Accessed 17 January 2010. http://www.scribd.com/doc/2011460/Intellectual-Property-Rights-in-Emerging-Markets
Value of a Corporation's Intellectual Capital: Its Impact on the Bottom Line and How it Should Be Managed
This is a proposal on how to analyze the value of corporate intellectual capital and its impact on bottom line management. It has 4 sources and a list of bibliography.
The research aims to identify how corporations' intellectual capital can be evaluated by identifying the factors that contribute to its high valuation. The research also aims to outline strategies that would allow a firm to integrate knowledge management into its management process to enhance its intellectual capital. The basic objective is to shed light to a new management concept in which intellectual capital is integrated as a tool for management instead of a mere accounting head in the balance sheet.
2.Statement of the problem
In today's information technological age, intellectual capital or ICs have become the most visible and valued asset for…
Nahapiet, Janine and Ghoshal, Sumantra, Social capital, intellectual capital, and the organizational advantage. Vol. 23, Academy of Management Review, 04-01-1998, pp 242(25).
Stewart, Thomas A. And Kirsch, Sandra L. Managing/Cover Story: Brainpower Intellectual capital is becoming corporate America's most valuable asset and can be its sharpest competitive weapon. The challenge is to find what you have -- and use., Fortune, 06-03-1991, pp 44.
Ulrich, Dave. Intellectual capital = competence x commitment. Sloan Management Review Winter, 1998.
Woods, Bob. Taking Stock of What You Know. The Chief Executive, July, 2001.
The common characteristics of all property crimes
Property crime can encompass aspects of burglary, theft, or motor vehicle theft and this also includes attempted as well as completed crimes. In accordance to the Federal Bureau of Investigation (2010), property crime comprises of the wrongdoings of motor vehicle theft, larceny-theft, burglary, as well as, arson. In particular, the object of the theft-kind transgressions encompasses the taking of money or property, however with the lack of force or threat of force against the victims. Imperatively, the property crime classification takes into account arson for the reason that the offense consists of the destruction of property. Nonetheless, arson victims may be subjected to force. There are two crime measures in the United States with regard to crimes against property. One is the National Crime Victimization Survey (NCVS) by the Bureau of Justice Standards (BJS), which encompasses reported and unreported crime from the perspective…
person steals the property or possession of another, the action is considered both a criminal and moral offense that if caught, the corresponding penalties are meted out. The matter is easily provable because what was taken is a tangible entity that provides solid proof of the usurpation. The issue becomes contentious when what has been stolen is intangible especially if these are original ideas, thoughts, designs and concepts. This then comes under the purview of plagiarism, a well-known offense not only in the academic circles but in the milieus dealing with intellectual property rights and copyright. Plagiarism should be differentiated from copyright though wherein "copyright is an area of civil and criminal law that prevents a series of uses of a qualifying creative work [while] plagiarism is a primarily ethical issue that centers around the dishonesty of claiming another's work as your own (ailey, 2011)." Nonetheless, plagiarism at its plainest…
Bailey, J. (2011). The role of copyright in fighting plagiarism: Part 1 and 2. PlagiarismToday. Retrieved July 8, 2011 from http://www.plagiarismtoday.com/2011/07/05/role-of-copyright-fighting-plagiarism-part/
Hansen, B. (2003, September 19). Combating plagiarism. The CQ Researcher, 13(32): 773-796. Retrieved July 8, 2011 from http://www.cqpress.com/docs/Combating%20Plagiarism.pdf
Institute for Interactive Media and Learning. (2007, April 18). Why students plagiarise. Retrieved July 8, 2011 from http://www.iml.uts.edu.au/assessment/plagiarism/why.html
iParadigms, LLC. (2011). Plagiarism. Retrieved July 8, 2011 from http://www.plagiarism.org/
Self-Monitoring in Education
Putting individuals with "intellectual disabilities" and "challenging behaviors" into regular classrooms is clearly a good idea - the educational literature supports this. But what happens once they are in the classroom? How does one then improve the social behavior and learning opportunities of these students? One idea, cooperative learning (also called peer tutoring), does show some promise; however, another idea based around the technique of self-monitoring/self-recording is specifically highlighted in the article under discussion. This method (which trains a student to identify, record and modify inappropriate behavior) was introduced to a certain thirteen-year-old girl named Pauline who had lived in a Romanian orphanage for ten years and had suffered "severe deprivation and abuse." The specific behaviors targeted in Pauline were stereotypic in quality (body-rocking and hand gazing) as well as consistent in quantity (they occurred consistently throughout the school day).
This "targeting" of behavior took the form…
Cognitive Development of Infants
Piaget's sensorimotor model provides the stage of cognitive human development showing that human experience consists of four stages of mental or cognitive starting from the first day a child is born to the adulthood. The first stage of human development is referred as the sensorimotor stage that starts at birth and end when a child is 24 months old. After the age of 24 months, a child moves to the operational stage starts when a child is 2 years old through the age of 7. A child moves into the final stage of behavioral and cognitive development at the age of adolescence that spans through adulthood. The objective of this study is to discuss the "six stages of Piaget's sensorimotor development." (Shaffer, & Kipp, 2010 p 253).
Piaget's sensorimotor Development
Piaget identifies the first two years of a child as the "sensorimotor stage of development." (Shaffer,…
Shaffer, D.D.R., & Kipp, K. (2010). Developmental Psychology: Childhood & Adolescence: Childhood and Adolescence. Cengage Learning
IT Ethics -- Annotated Bibliography
Bowie, Norman E. (2005). Digital Rights and Wrongs: Intellectual Property in the Information
Age. Business and Society Review, 110(1), 77-96.
Norman Bowie takes great pains in his peer-reviewed article to point out what is legal an what is not legal when it comes to recording / taping from television and from the Internet. In fact Bowie uses an illegal issue (downloading music from the Internet)
to present a moral issue: young people and students know it is illegal to download copyrighted music and movies, but they don't see it as immoral.
While Bowie zeros in on students and young people for their lack of morality vis-a-vis getting copyrighted music for free, his overall argument goes further than that copyright laws are justified when protecting "artistic creativity." He points to the fact that between
1999 and 2005, "...downloaders…reduced industry revenues by at least $700 million" and…
input/output devices will you be using in the next one to three years as "computing" devices? Which features/components/form factors will be prominent? Why?
Which features/components/form factors will be important to you? Why? Which applications will you be using on these devices? How may these devices change your life in terms of benefits and risks? (Two pages)
A survey of experts identified five major themes that will carry forward through the next half century ("EEEE Spectrum," 2012). ncreased computation and bandwidth is the first of these themes ("EEEE Spectrum," 2012). This notion that there will be computation and bandwidth to burn means that the shift of computing power and network connectivity will move from one end of the spectrum to the other -- there will be utter and unimaginable abundance of computing and networking capacity ("EEEE Spectrum," 2012). Experts predict that people living in developed countries will have gigabit nternet access…
Ionescu, D. (2010, March 29). Geolocation 101: How it works, the apps, and your privacy. PC World. Retrieved http://www.pcworld.com/article/192803/geolocation_101_how_it_works_the_apps_and_your_privacy.html
Modern Technology Council (2012). Retrieved http://www.sacouncil.org / the-fear-of-technology-changing-the-workforce.htm
2. Using Google Docs is going to be a real time saver and one of the most convenient applications I have applied to my studies. I can see how creating a spreadsheet for assignments that is shared with others in the class could facilitate collaboration. Google Docs is great for sharing documents, but it can also be used for brainstorming and for piggy-backing on each other's ideas -- in real time. It is easy to envision times when I am away from my computer and I can just hop onto someone else's computer and pick up where I left off with Google Docs. Not having to manage a memory stick is a bonus, too. The capacity to retrieve and upload documents that are stored on my computer or on a memory stick is really helpful, and I can see where that capability will foster the movement of my documents from files on my computer or memory stick to the Google Doc environment.
ole of Technology in Corporate and Social esponsibility
Insider trading. The insider trading case that has become most prominent is that against aj ajaratnam who ran the hedgefund Galleon Group, and was charged along with his co-defendant, Danielle Chiesi, a former consultant with New Castle Funds, LLC ("Insider Trading," 2010). ajaratnam was convicted of 14 counts of insider trading, which makes this case the largest scheme concocted by a hedge fund ("Insider Trading," 2010). ajaratnam's sentence was 11 years in prison accompanied by a $10 million fine ("Insider Trading," 2010). ajaratnam was part of a "triangle of trust" that functioned as a deliberately corrupt business model in which inside information is fed through networks of experts to traders within various companies ("Insider Trading," 2010). Along with five others, ajaratnam worked with a network of consultants and insiders to net in excess of $20 million between the years 2006 to 2009…
Angwin, J. (2010, July 30). The new gold mine: Your secrets. The Wall Street Journal. Retrieved http://online.wsj.com/article/SB10001424052748703940904575395073512989404.html A web of insider trading charges. (2010, April 1). The New York Times. Retrieved http://www.nytimes.com /interactive/
Insider Trading, Times Topics, (2011, December 6). The New York Times. Retrieved http://topics.nytimes.com/topics/reference/timestopics/subjects/i/insider_trading/index.html
Representative Stearns introduces consumer privacy protection act. (2011, April 15). Privacy and information Security Law Blog. Hunton & Williams LLP. Retrieved http://www.huntonprivacyblog.com/2011/04/articles/representative-stearns-introduces-consumer-privacy-protection
There have been several arguments with reference to the social impact of the Intellectual Property, and it has been observed that the Intellectual property law has been responsible for the promotion of the competitive forces in such a manner that 'antitrust law does not address, and may do so based on evidence that would be insufficient in an antitrust context' (Brinson, 1994). It is indeed a difficult practice related to the 'forced sharing to attain optimal competition' (Brinson, 1994), and it appear to be unwarranted 'in most antitrust contexts, and it is clear indication of the absent clear proof of market harm' (Thomas, 2006), although it is expected to 'constitute improved and comprehensive Intellectual Property policy, even in the presence of ambiguous evidence' (Brinson, 1994). The anti-trust law and the intellectual property law is expected to minimize the cost of three different things, which include, false positives, as per which…
Inigo Igartua Arregui. Refusals to Deal Involving Intellectual Property Rights. Law and Policy in International Business. Volume: 34. Issue: 4. 2003. Georgetown University Law Center.
J. Dianne Brinson, Mark F. Radcliffe. Intellectual Property Law Primer for Multimedia Developers. 1994. Law and Policy in International Business. Volume: 23.
Keith Eugene Maskus. Intellectual Property Rights in the Global Economy. Harvard University Press. 2003. pp. 176.
James B. Kobak. Intellectual Property Misuse: Licensing and Litigation. American Bar Association Publication. 2000. pp. 87.
Compulsory Licensing of Patents
The purpose of this paper is to highlight the causes and affects of the compulsory licensing of pharmaceutical products. Initially, the paper highlights the fundamental positions, attitude, inclination and concerns of the developed world and the under developed world with regard to the intellectual property rights of the pharmaceutical products. The paper also concentrates on the subject of the intellectual property rights of the biotechnology products (plants); this is because plants are the major source of almost all pharmaceutical products being used today. Furthermore, it is a matter of fact that the patentability of plants has been given a lot of attention by the developed world, in particular United States of America, as well as, the developing World. The paper also exposes the priorities of both the developed world and the under developed world, priorities that have been a major hurdle in all previous negotiations on…
Bernard Pecoul et al., Access to Essential Drugs in Poor Countries: A Lost Battle? 281 JAMA 361, 365 (1999).
David P. Fidler, International Law and Global Public Health, 48 KAN. L. REV. 1, 29 (1999).
David Benjamin Snyder, Comment, South Africa's Medicines and Related Substances Control Amendment Act: A Spoonful of Sugar or a Bitter Pill to Swallow?, 18 DICK. J. INT'L L. 175, 190 (1999).
David P. Fidler, Symposium on Globalization at the Margins: Perspectives on Globalization from Developing States: Neither Science Nor Shamans: Globalization of Markets and Health in the Developing World, 7 IND. J. GLOBAL LEG. STUD. 191, 212-213 (1999).
Ideas are part of the grand process of business. Businesses create unique products and services that are then marketed to a customer base. This involves the use of innovation, commercialization and intellectual property rights to both create something unique, have the ability to market, and have the rights to protect it. Without either of these aspects, it can be difficult for a business to generate something worthwhile.
The case study of Apple Inc., and the iPhone is one that provides the tell-tale sign of innovation. People like Steve Jobs work hard to contribute something to their respective industries that is one of a kind, thus making their companies highly successful. To be a pioneer in an industry is to gain a chance to dominate in an emerging or established market. The iPhone represents the epitome of a new product revolutionizing the cell phone and electronics industry.
Without the hard…
The author of this report has been asked to review the legal and ethical considerations in play given the test case scenario surrounding Pharmacare and Compcare. As is quickly apparent while reading the case study, the company engaged in a long and extensive list of ethical and/or legal violations as a means to maximize profit and minimize the legal and other red tape that seems to bother them even though it is there for a very good reason. The ethical issues involved will be touched upon and analyzed. There will also be an exploration and analysis of direct-to-consumer marketing of drugs, whether John is the "investor" of AD23, the arguments about John being a whistleblower and the associated protections he would have if he is and examples of intellectual property theft that have occurred in the last two years or so. While bad things do incidentally happen and…
Borders of New Europe and the U.S. - Mexico border
A line that is drawn in various ways, a border acts as a mark where adjacent jurisdictions meet. A combination of conjunction and the separation of the national laws and customs lead to the creation of an area where there is regulation, examination, discussion and hiding of the movement of people and goods .The Mexico-United States border is an international border that runs from mperial Beach, California and Tijuana. This border that separates Mexico and the United States from each other has traversed a wide variety of terrain that ranges from urban areas as well as inhospitable deserts. The external borders of New Europe are borders that define the separation of countries that are making it into the European community most especially the EU. There are various similarities and difference between the external borders of the new Europe and the…
Intellectual Property (IP) theft
Intellectual property is a legal concept that refers to the exclusive rights of recognition that are accorded to ones creations of the mind. Under the intellectual property law, a person is granted exclusive rights to various intangible assets such as literacy, music, artistic work, inventions and discoveries, words, phrases, designs as well as symbols. There are various types of intellectual property rights these include patents, trademarks, copyright, industrial design rights, trade dress as well as some trade secrets in some jurisdictions. Intellectual property theft is therefore robbing people their ideas, inventions as well as creative expressions or in a nutshell their intellectual property. Intellectual property theft is a growing threat especially with the rise of digital technology as well as the use of internet file sharing networks. The intellectual property theft is very costly and many businesses register losses a lot of money through this ( Baines, 2012).
Due to the fact that intellectual property theft costs businesses a lot of money then there is need for the organizations to come up with ways through which they can make these risks minimal. Intellectual property infringement involves the violation of intellectual property rights and if not looked into then it can lead to numerous losses by the business. There are various ways through which IP violations can take place, these include patent infringement, copyright infringement as well as trademark infringement. All these practices can be rendered undesirable or unprofitable through making reports incase these IP rights are violated so that people are afraid of making
This makes it easier for investigators to identify connections by clicking on a particular item in the three-dimensional link.
The difficulties of this process of proving such a chain indicates the importance of creating steps that can help companies simplify the task of conducting a computer forensic investigation, should one ever be required. The article stresses that the most important step is to ensure that network logging devices are turned on, even though these devices use disk space and processor time. If they are turned off, investigations can become impossible. Closing any unneeded ports on the company firewall and patching systems regularly, are also helpful.
This article paints an overall benign portrait of law enforcement, zealously protecting user privacy and safety. It demonstrates how an apparently invisible crime can be rendered visible through the use of technology, and both the law and law enforcement's attempts to stay one step ahead…
Burke, Dan. "Transborder Intellectual Property Issues on the Electronic Frontier." Volume 5. Stanford Law & Policy Review
Lang, David. "A Graphic Picture of Crime." ASIS. Sept 2002.
The author of this report is asked to answer to several questions and specifications surrounding a business venture and how exactly it would and should be pulled off in an effective and well-performing manner. The form and function and "how" the business would be established is the first thing while the next is the funding sources that would be undertaken to get things going. The form or forms of intellectual property that would have to be enforced and protected as next and then the overall way in which the business will be created or acquired. How the sources and need for capital would change after five years of operation is the last thing to be discussed. While getting a business up and running requires a mass infusion of cash and/or borrowed money to get going, the business will eventually be lucrative.
As for how to establish…
IRS. (2014, February 28). Forms and Pubs. Internal Revenue Service. Retrieved February 28, 2014, from http://www.irs.gov
Nolo. (2014, March 1). Intellectual Property. Nolo.com. Retrieved March 1, 2014, from https://www.nolo.com/products/intellectual-property
Peterson, A. (2013, November 6). Netflix has won: Blockbuster is closing its last retail stores. Washington Post. Retrieved February 28, 2014, from http://www.washingtonpost.com/blogs/the-switch/wp/2013/11/06/netflix-has-won-blockbuster-is-closing-their-last-retail-stores/
A company is typically focused on adopting HR policies that prevent harassment in the office and on generally taking on strategies that encourage workers to put across certain behaviors. ith the Internet currently providing companies worldwide with the ability to significantly reduce costs, people are becoming more and more concerned about it being used for things other than the profit of the institutions they work in. As a consequence, institutions in the contemporary society aim to have their employers well-acquainted with why it would be important for them to only perform particular activities while using technologies they are provided with.
The world has seen a growing number of lawsuits associated with employees using email and internet mediums abusively. This influenced many companies to get actively involved in creating policies that first enable them to understand corporate risks they face and that then make it possible for them to develop…
Fisk, K.L. (2009). Working Knowledge: Employee Innovation and the Rise of Corporate Intellectual Property, 1800-1930: Employee Innovation and the Rise of Corporate Intellectual Property, 1800-1930. Univ of North Carolina Press.
Flynn, N. & Kahn, R. (2003). Email Rules. AMACOM Div American Mgmt Assn.
Sandeen, S.K. (2007). Intellectual Property Deskbook for the Business Lawyer: A Transactions-based Guide to Intellectual Property Law. American Bar Association.
On the other hand, as I have mentioned in the previous paragraphs, bribery is one of the many compromises you are faced with in life. As in other cases, one can refuse to comprise and remain an ethical person, but with the risk of facing other losses. eing able to compromise, in any aspect, will help you to solve some problems easier, but you will probably remain ethically troubled. As an evaluation, small compromises should be acceptable and, in my opinion, bribery is a comparatively small compromise that one agrees to make.
According to one of the many definitions, intellectual property is "any intangible asset that consists of human knowledge and ideas" or "any product of the human intellect that is unique, novel, and unobvious (and has some value in the marketplace)." This generally refers to anything our mind creates that is unique, ranging from inventions to ideas, from perfumes…
2. New Strategies for Property Rights: Gray Markets and the Net. On the Internet at http://www.bubblegeneration.com/?a=a&resource=proprights1
3. Investorwords. On the Internet at http://www.investorwords.com/2526/intellectual_property.html
4. Intellectual Properties. On the Internet at http://www.uta.edu/tto/ip-defs.htm
The purpose of this precaution is to maximize the ability of the company to pursue violations of its copyright in an appropriate court of law or other forum and to ensure that the company is entitled to the maximum compensation allowed by law for copyright infringement of its intellectual property. That notice shall read as follows:
No part of this copyrighted intellectual property may be reproduced for any purpose, whether or not for profit, without the express written authorization of XYZ Company. Any violation of XYZ copyright of this protected material will be pursued to the fullest extent of the applicable criminal and civil law against any and all parties involved.
Policy 2 -- Non-Use of Company Intellectual Property by Employees
The XYZ Corporation is the sole owner of any and all copyrights and other intellectual property rights of any and all intellectual property created by its employees in the…
This bill was sent to the U.S. Senate and set for vote mirroring a bill previously passed by the House during the Summer of 2003 which failed to pass the Senate because of vehement disagreement that was even "within the parties over the prohibition of therapeutic cloning.(National Legislation Concerning Human and Reproductive Cloning, 2004; paraphrased) As of the date of the report on legislation eight U.S. states had passed laws that explicitly prohibited reproductive cloning using human embryos and another five U.S. states have placed a prohibition on cloning for any purpose whatsoever with 22 other U.S. states introducing bills outlawing the reproductive cloning of humans. (Ibid; paraphrased) Patenting laws for genetics allow inventors to patent genetics but only specific genetic factors may be patented and inventors are required to:
1) Identify novel genetic sequences;
2) Specify the sequence's product, 3) Specify how the product functions in nature --i.e. its…
O'Connor, Sean M. (nd) Intellectual Property Rights and Stem Cell Research: Who Owns the Medical Breakthroughs?
Kadereit, Suzanne & Hines, Pamela J. (nd) Overview of Stem Cell Research New England Law Journal 2005 Mar 28. Online available at http://www.nesl.edu/lawrev/vol39/3/13%20Kadereit%20Final.pdf .
Chadwick, Ruth et al. (2004)HUGO Ethics Committee Statement of Stem Cells (2004) November
Legal Protection of Digital Information (2006) Chapter 5: Software-Based Inventions Online available at:. http://digital-law-online.info/lpdi1.0/treatise63.html
SOPA & PIPA Legislation
File sharing involving copyright infringement began as peer-to-peer operations, sometimes with the involvement of a central server that acts as a search engine. Recently there has been a rise in file sharing where the infringing content is actually stored on the central server, such as the now-defunct megaupload.com. Consequently, there is a conflict between the rights of content owners and the rights of ordinary users of the internet. The conflict here is that efforts to eliminate sites that enable online infringing may also eliminate legitimate internet activity. In the fall of 2011 the SOPA (Stop Online Piracy Act) and PIPA (Protect Intellectual Property Act) proposals were introduced into the U.S. Congress. Almost certainly, the SOPA and PIPA proposals to go after file sharers go too far in the other direction in violating the free speech rights of individual users and handing the web even more over…
Corey, G. et al. Issues and Ethics in the Helping Professions, 8th Edition. Cengage Learning, 3011.
Howard, Alexander. "What You Need to Know About the Stop Online Piracy Act in 2012." The Huffington Post, December 23, 2011.
Ranney, Karen. "Digital Thieves Are Stealing from Me." The Hill, December 13, 2011.
The Paris convention is one of the Intellectual Property Treaties administered by World International Property Organization (WIPO). It was first signed in Paris in 1883 by 11 countries to provide international harmonizing and streamlining of intellectual property laws. It has been revised many times and its current language includes patents, trademarks and industrial designs. Major fundamental principles of the treaty include (World International Property Organization, 2013);
Anti-discrimination policy: each member country is obliged to give other member country nationals, the same protection and advantages it gives to its nationals.
Framework of priority: an invention can be protected from the same point, in time in various countries. The patent applicants are granted the date of their first filling; as the active application date for the patent applications in all member countries, for up to 12 months after filling the original application.
Berne Convention; it is also referred to as…
World International Property Organization, (2013). Paris Convention
for the Protection of Industrial Property. Retrieved September 3, 2013 from http://www.wipo.int/treaties/en/ip/paris/trtdocs_wo020.html
The United States Patent and Trademark Office, (2013). Madrid Protocol. Retrieved September 3, 2013 from http://www.uspto.gov/trademarks/law/madrid/index.jsp
Cornel University Law School, (2013). Berne Convention for the Protection of Literary and Artistic Works (Paris Text 1971). Retrieved September 3, 2013 from http://www.law.cornell.edu/treaties/berne/5.html
Finally, any company materials including but not limited to design blueprints will be considered intellectual property.
Privacy: We believe that privacy is a fundamental human right as well as a legal right. Therefore, we assure our employees that their personal information will be kept confidential and will not, except under obligation to a court of law, divulge any personal information about any of our employees. Similarly, we expect that our employees and management personnel to respect the privacy of their coworker. Employees are forbidden from divulging the personal information of any member of the organization to the media without prior written consent or legal assent. Any complaints regarding issues related to privacy can be taken up with management.
Information Technology: The information technology infrastructure in our organization was established and is paid for and maintained by the organization. Therefore, we will limit the use of all the organization's information technology…
General Motors in China:
Chinese Motor Vehicle Industry Structure:
The motor vehicle industry in China had over 200 carmakers in 2004 with most of them being small Chinese firms. In addition to being small and domestic companies, the carmakers were solely owned by the Chinese government and had a market share of approximately 40%. As new joint venture firms emerged during this period, the Chinese government was reluctant to see its manufacturers of motor vehicles eliminated. Generally, this motor vehicle industry structure was mainly dominated by small domestic firms that were owned by the government. These firms experienced serious threats from new joint ventures on supporting their existence while attracting managerial skills and foreign technology.
Therefore, the Chinese motor vehicle industry was seemingly modest in the global context as it grew in heady rates (Teslik, 2007). Since this industry had a modest structure, it produced great uncertainty regarding future prices…
Bursa, M. (2011, March 7). March Management Briefing: China's Emerging Auto Industry (Part
1). Retrieved July 4, 2012, from http://www.just-auto.com/analysis/chinas-emerging-auto-industry-part-1_id109555.aspx
Holweg, M., Luo, J. & Oliver, N. (2005, August). The Past, Present and Future of China's
Automotive Industry: A Value Chain Perspective. Retrieved from University of Cambridge website: http://www-innovation.jbs.cam.ac.uk/publications/downloads/holweg_past.pdf
The problem is that there is no protection against this issue. This is due to the newsfeed in the profile of each user. The argument of the company is that the news feed will ensure the users get to see more content from others. however, this means that there is no certainty of the next item that the user will see on the news feed. This is a serious privacy issue to the user because they cannot view their news feed at free will because of fear on the content of the feed (Milenkovski, 2011, p1). This limits the convenience of this site to the users because of the indecency that arises out of the website.
In this instance, the company should introduce appropriate measures to curb against this issue on indecency. There should be software that detects some indecent language. This will then inhibit the viewing of such information…
Butler, E, McCann, E, & Thomas, J 2011, 'Privacy Setting Awareness on Facebook and Its
Effect on User-Posted Content', Human Communication, 14, 1, pp. 39-55,
Communication & Mass Media Complete, EBSCOhost, viewed 29 April 2012.
Claypoole, T., & Payton, T. (2012). Protecting your Internet identity: are you naked online?
S. No. 04-1739 (2006)
wo examples of where rights are limited in the ownership of land or property:
Servitudes and easements are put into place...
Servitudes and easements can be protected by...
It is vital to protect Servitudes and easements because...
III. Intellectual Properties
Eric Eldred, Et Al., Petitioners V. John D. Ashcroft, Attorney General
U.S. 01 -- 618 (2003)
he differences between copyrights, trademarks, and patents include:
he title to real property is permanent, whereas some intellectual property is limited in the time that it is protected due to...
IV. Business and the Bill of Rights
Humana Inc., Et Al., Petitioners V. Mary Forsyth Et Al.
U.S. 97 -- 303 (1999)
he major difference between business speech and political speech is that...
Whether or not "Closely regulated industries…
Timothy Booth, Petitioner V.C.O. Churner et al." (2001). Retrieved 07 July 2006 at http://supct.law.cornell.edu/supct/search/display.html?terms=Administrative%20gency&url=/supct/html/99-1964.ZO.html .
What is the Difference Between a Copyright, Trademark and Patent?" (2006). Retrieved 08 July 2006 at http://www.wisegeek.com/what-is-the-difference-between-a-copyright-trademark-and-patent.htm .
Court Briefs - 7 Different Cases
Brand Names: Will 'iPad' Become Generic Word for Tablet?" was published by the U.S.A. Today, with the central premise concerning a relatively unknown yet ubiquitous phenomenon known as genericide. According to the article, which was compiled by the Associated Press (AP), Apple Inc. And its proprietary iPad tablet computing device is poised to alter the English lexicon through its supremacy within a particular market segment. Like the Band-Aid and Kleenex before it, the iPad has become so synonymous with a niche product that consumers invariably refer to competitor's offerings by the same name, and Apple Inc.'s executive management structure must now wade through the quagmire of intellectual property rights and trademark protection law to determine the course of action that preserves the company's duly earned domination of the market. The article presents the iPad's emergence as the standard bearer for tablet computing devices as a mixed bag of sorts for…
Associated Press. (2012, April 08). Brand names: Will 'iPad' become generic word for tablet?. USA Today. Retrieved from http://usatoday30.usatoday.com/money/companies/story/2012-04-07/apple-iPad-generic- name/54110024/1
Coverdale, J.F. (1984). Trademarks and Generic Words: An Effect-on-Competition Test. The University of Chicago Law Review, (51), 868-891. Retrieved from http://www.jstor.org/discover/10.2307/1599488?uid=3739552&uid=2&uid=4&uid=3739 256&sid=21101868846423
McKenna, M. (2007). The normative foundations of trademark law. Notre Dame Law Review, 82(5), 1839. Retrieved from http://www.inta.org/Academics/Documents/finalndlawreview.pdf
Franchise Business in China
Franchising is one of the entry methods used by multinationals and foreign businesses to venture into new markets. A Multinational that is trying to enter the Chinese market will experience several pros and cons of the market. Factors in favor of franchising for any MNC are such that the market is favorable for franchises as many thrive in a ready market. Secondly, the market is not only ready but is a large target market. Thirdly, the Chinese have the investments needed to buy a franchise. Fourthly, the market has the necessary laws that support the establishment of franchises by foreign companies receiving importation and exportation licenses. However, there are numerous factors unfavorable for franchising. The major problem an MNC will face is the challenges linked to the quality control systems and laws in the nation. This is an auxiliary complication from China's ambiguity in franchising in…
egardless of the actual operation being run at a time or the other, iordan Manufacturing respects the regulations instated for all types of activities. We respect the right of our staff members; we respect the rights of the communities in which we operate and we function in full accordance with the national and international stipulations.
We condemn any type of sexual or otherwise discrimination or any type of illegal treatment of the staff members. We have instated internal rules of conduct which clearly state that all our employees are required to obey the legal provisions enforced in their professional operations.
Our governance is based on principles of legal doings, ethics and morality, as well as equal opportunities. In this line of thoughts, we strive to operate in a means that creates more value to our various categories of stakeholders. The principles by which we guide our operations are…
Tavangaran, A., Information on Riordan Manufacturing, eHow, http://www.ehow.com/about_5729395_information-riordan-manufacturing.html last accessed on January 26, 2010
Corporate Compliance Plan, Community Service for the Developmentally Disabled, http://www.csdd.info/Corporate_Compliance_Plan_2005.pdf last accessed on January 26, 2010
1977, European Convention on Products Liability in Regard to Personal Injury and Death, Council of Europe, http://conventions.coe.int/treaty/en/Treaties/Html/091.htm last accessed on January 26, 2010
1991, Managing Development -- The Governance Dimension, World Bank, http://www-wds.worldbank.org/external/default/WDSContentServer/WDSP/IB/2006/03/07/000090341_20060307104630/Rendered/PDF/34899.pdf last accessed on January 26, 2010
There are a number of forces that will impact the strategy of Hot ings. The legal and regulatory environment governs a number of different aspects of the business, from licensing to human resources policies to food handling and other aspects of the business. There are regulations at the federal, state, municipal and possibly county levels. Food handling and alcohol are the most important elements within the regulatory environment as violations of these regulations can result in shut down, legal action or the closing off of revenue streams. Proper training must be given to all staff with respect to the different food and alcohol regulations in order to keep the business running.
The economic environment is of critical importance because the number of times people eat or drink outside of the home is dictated in large part by their disposable income. In good economic times, people go out more…
Chathoth, P.; Tse, E. & Olsen, M. (2005). Turnaround strategy: A study of restaurant firms. International Journal of Hospitality Management. Vol. 25 (4) 602-622.
Food Product Design. (2010). Economy key to casual, fine dining recovery. Food Product Design. Retrieved March 28, 2011 http://www.foodproductdesign.com/news/2010/11/economy-key-to-casual-fine-dining-recovery.aspx
Hamilton, R. (2010). Defending against threats to intellectual property. In Defense of Data. Retrieved March 28, 2011 from http://www.entrepreneur.com/2011/01/-all-through-the-recession.php
Horovitz, B. (2008). Casual dining chains hunger for change. USA Today. Retrieved March 28, 2011 from http://www.usatoday.com/money/industries/food/2008-10-13-casual-dining-restaurants_N.htm