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I wonder if Europe is experiencing similar issues with the motivation system for its examiners. They could be pushed into demanding higher quality. However, compared to the drops in the U.S., the drops in Europe are not as staggering. Or the quality of patent applications is genuinely decreasing.
The bigger issue as I see it is trying to determine if the decrease in patent rates is directly indicative of an environment where researchers feel stifled. If that is the case, at what point do the demands for high quality applications have a negative net impact on society rather than a positive one?
Response to Article 2: This is scary. The drug and biotech industries have a complex enough relationship with the legal system already, without adding fifty-one other jurisdictions into the mix. That the Supreme Court justices did not consider the vagueness of the "not strong enough" concept is also…
By helping to solve their problems voluntarily, Bayer can avoid circumstances like the aspirin debacle by building a stockpile of goodwill to be used later.
One step Bayer should undertake is to continue to be aggressive in meeting FDA guidelines on the taking of Cipro. The company should include these recommendations, in English, on supplies sent to Mexico, because they know that some of these will end up in the U.S. Given the nature of the anthrax scare, however, Bayer should increase its labeling standards. Consumers are more likely to take the drug inappropriately under these circumstances. Although Bayer would not have had any way to knowing it at the time, they could have faced significant risk if their labeling, in light of the panic, was considered to be inadequate (yeth v Levine, 2008). Therefore, Bayer should support the recommendations of the CDC, as that should meet the standard for…
Wyeth v Levine. 2008. Supreme Court of the United States. Retrieved November 15, 2009 from http://www.supremecourtus.gov/opinions/08pdf/06-1249.pdf
Dunne, A. (no date). Rent seeking and the social cost of monopoly. Trinity College of Dublin. Retrieved November 15, 2009 from http://www.maths.tcd.ie/local/JUNK/econrev/ser/html/rent.html
Sterckx, S. (2006). The moral justifiability of patents. Ethical Perspectives. Retrieved November 15, 2009 from http://www.ethical-perspectives.be/page.php?LAN=E&FILE=ep_detail&ID=109&TID=973
Thus, according to Heller and Eisenberg, useful innovations that build on earlier patented inventions can be inhibited by the high transaction costs from negotiating with the earlier patentees.
There are several compelling arguments that patents aren't really that economically efficient for organizations. For instance, essen and Meurer (2008) point out the complexity of the patent system; stating that a prospective technology investor would need to check a very large number of patents. If a company is selling online, these authors cite a patent risk management firm as saying there are more than 4,319 patents a company could be violating. or, if a company advertises, receives payments for goods or ships goods, there are approximately 11,000 patents that the company should check into. Further, essen and Meurer (2008) believe that America's patent system isn't efficient because it doesn't offer clear and efficient notice of the boundaries of the rights granted. As…
Banta, DH (2001). Worldwide interest in global access to drugs. The Journal of the American Medical Association, 285 (22), 2844-2846
Bessen, J. And Meurer, M.J. (2008). Patent failure How judges, bureaucrats and lawyers put innovators at risk. Princeton, NJ: Princeton University Press.
Frequently asked questions (FAQs). World Intellectual Property Organization. http://www.wipo.int/patentscope/en/patents_faq.html#protection
Patent -- economic rationale. Encyclopedia II. http://www.experiencefestival.com/a/Patent_-_Economic_rationale/id/5367152
Fatigability and dyspnea on exertion may be seen in PDA patients that have reached 40 years old, however, if their PDA has not been treated, or has not been treated properly (www.med-help.net).
Having a PDA allows for blood to shunt from left to right, or from the systemic circulation to the pulmonary circulation. The flow of blood is therefore excessive on the pulmonary side and there are very few factors that can control how severe this actually is. The larger the narrowest point of the ductus arteriosus, the larger the shunt. A restrictive ductus arteriosus can also have an effect, depending on the length of the narrowed area. Having a longer ductus is often associated with having a smaller shunt. It is also partially controlled by how much pulmonary vascular resistance there is when compared with systemic vascular resistance. Low pulmonary vascular resistance or high systemic vascular resistance creates a…
Bibliography www.emedicine.com.(2004). Patent Ductus Arteriosus. Retrieved 23 January 2005 at http://www.emedicine.com/ped/topic1747.htm www.med-help.net.(n.d.) Patent Ductus Arteriosus. Retrieved 23 January 2005 at http://www.med-help.net/PatentDuctusArteriosus.html
Thus, if someone has an idea but has not yet worked out all the details, a non-provisional patent is appropriate. If the individual already has the design in certainty, a non-provisional patent guarantees the trademark rights right away.
5. The next step is to make a model or other type of drawing or presentation that thoroughly explains and outlines the details and functions of the product being patented. It is important to be very detailed, as these drawings will serve as the basis of what is protected. Moreover, it is important to understand the consumer base, present the model with them before solidifying with a patent. This will give the individual a chance to revise as necessary.
6. Next is the actual filling out of the patent application. In this step, one needs to carefully follow all instructions on the patent application as to ensure reliability. In this application, the…
Clayton, B. (2012). How to get a patent. Legal Matters. Web. http://www.wikihow.com/Get-a-Patentv
United States Patent and Trademark Office. (2013). How to get a patent. Patents. Web. http://www.uspto.gov /web/patents/howtopat.htm
Patent Protection on Clinical esearch: The Primary Sources of Innovation in the Drug and Device Development Process
When it comes to biopharmaceutical research, the United States is the best country in the world and it is currently the largest pharmaceutical market. It has invested immensely in research and development, especially in the biopharmaceutical sector, and it holds numerous intellectual property rights for a majority of the drugs developed. According to the U.S. Food and Drug Administration, FDA (2014), all drug companies have to seek the organization's approval before they sell new drugs, and these drugs have to be tested accordingly to guarantee the safety of the public. Adherence to these requirements often makes markets increasingly competitive and in the recent past, the increasing demand for innovation in pharmaceutical companies has necessitated new approaches to be applied in the drug and device development process. This is particularly because pharmaceutical companies have…
Gold, R, E., Kaplan, W., Orbinski, J., Logan, S.H., & Marandi, S.N. (2009). Are Patents Impeding Medical Care and Innovation? PLoS Medicine Vol. (7)1 e1000208. Retrieved 13 March 2015 from http://www.plosmedicine.org/article/fetchObject.action?uri=info:doi/10.1371/journal.pmed.1000208&representation=PDF
The United States Food and Drugs Administration (2014). FDA Basics. About FDA. Retrieved 13 March 2015 from http://www.fda.gov/AboutFDA/Transparency/Basics/ucm194949.htm
student with a Bachelor of Science degree in Communications, minors in both Psychology and Sociology, and a desire to attend law school, my request to enter a Biochemistry program may be unusual. After all, people who focus on the hard sciences usually do so because of plans to work in a particular industry or to pursue additional field-specific education via Masters or PhD programs. Because I have no intention of pursuing a graduate degree in Biochemistry or a related field, I may, in fact, seem to be a flawed candidate for the Biochemistry program, who would be taking up space in a highly competitive program that might be better used for someone who intends to pursue Biochemistry. However, my goal in attending law school is to pursue patent law. To become eligible to sit for the Patent Bar, a candidate must have a demonstrable science or technical background. Therefore, the…
Ethics in Patents in Amazon One Click
Patents are meant to protect the intellectual property of the people who apply for them. They are given when the process is a unique idea, or it offers an improvement to an existing idea that does not infringe on the original patent and is itself unique. The question is not whether patents themselves are ethical, but whether a business requesting a patent for a process, in its entirety, is ethical. People with different philosophical outlooks would see this case very differently. On the one had rule utilitarian's would see the patent rules and judge based on that criteria whereas a natural rights theorist would have a completely different outlook. This paper looks at the patent application for Amazon's revolutionary "one-click" payment processing through the lens of both a rule utilitarian and a natural rights theorist and determine how a person with that…
" This is registered as IC 029. U.S. 046. G & S, under Goods & Services. The mark is the specific words, rendered in stylized form. The first use of this mark was in 2002. The application was filed on February 1, 2002. The mark was registered on March 23, 2004. The owner of the mark is Mars, Inc.
The next trademark is 78977583, "Flavia Fusion." This is registered as IC 011. U.S. 013-021 023-031-034. G & S, under Goods & Services. The mark is the name, in standard characters. The first use of this trademark was in 2005. The application was filed on March 17, 2005 and was registered on November 28, 2006. The owner of the mark is Mars, Inc.
The next trademark is 77246316, "Flavia Creation." This is registered as IC 011. U.S. 013-021 023-031-034., under Goods & Services. The mark is the name, in standard characters.…
Athavaley, Anjali. (2007). Gourmet Coffee Becomes the Latest Office Perk. Wall Street Journal. Retrieved November 14, 2008 at http://www.myflavia.com/Myflavia/en-U.S./discover/pressroom/Wall+Street+Journal.htm
Mars, Inc. (2008). Drinks. Mars, Inc. Retrieved November 14, 2008 at http://www.mars.com/global/Global+Brands/Drinks/Drinks.htm
US Patent and Trademark Office website. Retrieved November 14, 2008 at http://www.uspto.gov
This invention allows the draw tape to have the tactile advantage of a low density polyethylene, making it comfortable for consumers to use as a handle, while also having the heat sealing capacity of this same low density material, yet have the strength afforded by a high density polyethylene material, that otherwise would be uncomfortable for the consumer.
Glad Quick-Tie = Patent # 5,246,110:
Patent # 5,246,110 focuses specifically on trash bags. The patent applicant notes that bags that are typically used for storing and transporting garbage or refuse, prior to collection or transport to disposal, are made from plastic material. When these bags are in their flat condition, they are comprised of two rectangular panels, which are connected on three of the four sides. The fourth, open, side is used to insert matter into the bag. These types of bags are typically made via a tubular extrusion process ("United…
General information regarding patents. (2005). Retrieved November 30, 2009, from http://www.uspto.gov /patents/basics/index.html#top.
United States Patent 5006380. (9 Apr 1991). Retrieved November 30, 2009, from http://patft.uspto.gov/netacgi/nph-Parser?Sect1=PTO1&Sect2=HITOFF&d=PALL&p=1&u=%2Fnetahtml%2FPTO%2Fsrchnum.htm&r=1&f=G&l=50&s1=5,006,380.PN.&OS=PN/5,006,380&RS=PN/5,006,380.
United States Patent 5205650. (27 Apr 1993). Retrieved November 29, 2009, from http://patft.uspto.gov/netacgi/nph-Parser?Sect1=PTO1&Sect2=HITOFF&d=PALL&p=1&u=%2Fnetahtml%2FPTO%2Fsrchnum.htm&r=1&f=G&l=50&s1=5,205,650.PN.&OS=PN/5,205,650&RS=PN/5,205,650.
United States Patent 5246110. (26 Jul 1991). Retrieved November 29, 2009, from http://patft.uspto.gov/netacgi/nph-Parser?Sect1=PTO1&Sect2=HITOFF&d=PALL&p=1&u=%2Fnetahtml%2FPTO%2Fsrchnum.htm&r=1&f=G&l=50&s1=5,246,110.PN.&OS=PN/5,246,110&RS=PN/5,246,110.
Utility Patents and Employee Contracts
Since the before the beginning of the industrial revolution, the United States Patent and Trademark Office has been recording and protecting the ideas and gadgets of inventors. But, what exactly is a patent and what laws govern the patent process? ho can file for a patent and what is the process for applying? hat benefit are received if a patent is in place? Does a patent cost money and who enforces the fact that a patent is in place? These and many more questions will be addressed throughout this research presentation.
It is the end of your first week of work at the new factory and while on the line you design a brilliant new piece of machinery that just could be the next great gizmo in this industry. You realize that if it works and if its marketed properly, well hey, you…
Grubb, Philip W. Patents for Chemicals, Pharmaceuticals, and Biotechnology: Fundamentals of Global Law, Practice, and Strategy. Oxford: Oxford U, 1999.
Harbert, Tammi. "Do Not Go Idly Into That Employment Agreement; Watch What You Sign; Your Inventions Won't Necessarily Belong To You. (Engineers' Employment Agreements)." EDN (1990).
Holzmann, Richard T. Infringement of the United States Patent Right: A Guide for Executives and Attorneys. Westport CT: Quorum Books, 1995.
Patent Law: An Overview. Ed. Legal Information Institute. 21 Nov. 2003 http://www.law.cornell.edu/topics/patent.html .
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).
Vonage said in a regulatory filing. Vonage's stock, which was down 13 cents to $1.54 in 4 pm. New York stock Exchange composite trading, was down another 24 cents to $1.30 in afterhours trading. Vonage went public in May of last year at $17.One of the early players offering internet telephone service, Holmdel, N.J., vonage has been reeling in the past year as it has lost two high-profile patent lawsuits. All the major phone companies have patents they claim cover aspects of voice-over-internet-phone technology" (at&T Files patent Lawsuit Against Vonage).
AT&T has been trying to arrange a settlement with Vonage for the past two years, which shows they want to do the right ethical process without going to court, however they were unable to negotiate a "reasonable licensing arrangement" with the company. It is my opinion that Vonage is being untruthful in their below statement because if they truly wanted…
human genes be patented?
The deoxyribonucleic acid (DNA) is a chemical information structure that contains the whole composition of the cell, as it determines the nature of proteins it produces, its life span, and its function. Genes are part of the DNA and they are practically functioning subunits with each of these respective units having a certain set of instructions that typically code particular proteins or functions.
While naturally occurring genes are present in people's bodies, artificial gene synthesis has made it possible for scientists to create artificial genes in laboratories. Gene synthesis services have recently become a major commercial opportunity and companies from around the world now provide individuals with the possibility to access their services.
y looking at the case involving Myriad Genetics, one can easily understand why it would be important for genes to be patented. The company is trying to patent genes that are…
Koepsell, David, "GENEWATCH NATURALLY OCCURRING GENES AND THE COMMONS BY NECESSITY," Retrieved November 10, 2013, from http://www.councilforresponsiblegenetics.org/genewatch/GeneWatchPage.aspx?pageId=305
Koepsell, David, "Who Owns You: The Corporate Gold Rush to Patent Your Genes," (John Wiley & Sons, 23 Sep 2011)
Patents are a source of protection for intellectual property in any industry. The value in a patent is that it allows a company that has developed a product or proprietary technique to enjoy monopoly power over that, thus enabling the company to recoup its investment in the development of the proprietary product or technique. Patents are published as a matter of public record, and this is not deemed harmful because of the strength of law protecting patents. The typical response of competitors to patents is that they either build on the patent in a meaningful way, so as to receive their own patent for a new product that may be built on the original product. Alternatively, a competitor may develop a similar product that performs the same function as the one covered by patent, and receive its own patent on the new product. Patents typically can only be held…
Cadigan, S. (2015). Nurturing a culture of innovation. Inc. Magazine. Retrieved July 25, 2015 from http://www.inc.com/steve-cadigan/nurturing-a-culture-of-innovation.html
Morah, C. (2015). Patents are assets, so learn how to value them. Investopedia. Retrieved July 25, 2015 from http://www.investopedia.com/articles/fundamental-analysis/09/valuing-patent.asp
QuickMBA (2010). The value chain. QuickMBA.com. Retrieved July 25, 2015 from http://www.quickmba.com/strategy/value-chain/
Waldron, D. (2013). Online education companies facing new disruption. Seeking Alpha. Retrieved July 25, 2015 from https://seekingalpha.com/article/1703392-online-education-companies-facing-new-disruption
There are several steps to take when seeking to obtain a patent for a new invention. You must have all of your documentation in order to begin with, and then you must begin the process with the U.S. government by initiating the provisional patent application process. This is to allow you to obtain patent-pending status for your invention. It is not the means by which a patent is obtained, however. In order to obtain the patent, you must proceed to the next step, which is more intensive and requires more work on your part—and this is the regular patent application process.
The first step, the provisional patent application process, requires a small fee ($65 for micro-entities, $130 for small entities and $260 for large companies) (NOLO, 2018). The process also includes providing a description of the invention, an explanation of how it is used, and a drawing of the…
Management and Technology
ate (when you are going to hand this in)
(1) (a) What are the pros and cons of concurrent product development? (b) o the pros outweigh the cons? (c) Why or why not?
The advantages or pros of the concurrent product development model include faster time to market, increased intensity of focus on communication and clarity of direction, more efficient use of limited resources due to constraints needing to be planned for and met, and often a reliance on advanced rapid prototyping techniques as well (Gehani, 1992). In larger organizations where there are multiple projects occurring in conjunction with each other, there is often a greater level of orchestration achieved across all projects given how corporate-wide engineering, product development and quality management all must be managed to a common set of objectives (Gehani, 1992).
Conversely, the disadvantages include greater potential confusion over roles of critically important departments…
Despite the many disadvantages of concurrent product development, it is one of the most effective ways to rapidly develop and launch new products, specifically those that are software-based. Using advanced project management and constraint-based modeling approaches, concurrent engineering can deliver exceptional gains in new product development timeframes and deliver new solutions to customers in a fraction of the time it would take with normal methods (Gehani, 1992). The bottom line is that new product introductions are typically 60% or more of a company's revenues, and the more adept and effective they can become in producing and launching new products using concurrent product development, the more profitable they have the potential to be.
(2) (a) What are the different key parts of a patent? (b) What purpose do they serve?
There are four different key parts of a patent. These include the cover page, the drawings, the specifications, and the claims. The cover page is critically important for communicating where the patent fits in the governments' overall taxonomy, which is often used for searching to see if there is prior art that is tangentially related to the new patent being created. The cover page includes the inventor's names, their written abstract defining their invention or the foundation of their patent, and a representative drawing of the patent as well. Often the prior art that the examiner considered is also included as a reference on the front page of the patent as well. The second section is for drawings, and this includes often a series of graphics that seek to explain the functional nature of the patent and define its use in a variety of scenarios. Often drawings also include definitions of
However, at the outset, all prospective inventors and authors have the same right to create any work of their choice that might generate profit. In the case of both patent rights and copyrights, the award of exclusivity is justified to prevent other entities that did not contribute to the development of marketable ideas or products from benefiting from the work of entities that created that value. This is merely one manifestation of a classic legal principle of avoiding unjust enrichment (Halbert & Ingulli, 2008). To the extent they can be differentiated, it is only that the underlying motivation for recognizing patent rights is that doing so promotes innovation whereas copyrights are mainly related only to unjust enrichment concepts.
Edwards, G., Wattenberg, M., and Lineberry, . (2009). Government in America: People,
Politics, and Policy. New York, NY: Longman.
Halbert, T. And Ingulli, E. (2009). Law & Ethics in the Business…
Edwards, G., Wattenberg, M., and Lineberry, R. (2009). Government in America: People,
Politics, and Policy. New York, NY: Longman.
Halbert, T. And Ingulli, E. (2009). Law & Ethics in the Business Environment.
Cincinnati: West Legal Studies.
Trademark and patent rights are important in the international perspective and have become the bone of contention in world trade matters. One of the most important discussion and formulation of policies of the Doha ound of the World Trade Organization that was held in 2002 started with the discussion of patents and trademarks. The para 17 of the release of the directors show that the WTO is concerned and is working for the "implementation and interpretation of the Agreement on Trade-elated Aspects of Intellectual Property ights (TIPS Agreement)." (WTO, 2002) the council further noted that the work begun by the Council for Trade-elated Aspects of Intellectual Property ights -- TIPS brought in the 'notification and registration of geographical indications' for many products. (WTO, 2002)
The geographical and color question:
The geographical rarity and the patent issued to a geographical product that has unique identity of its own are…
Bennett, Simon. (2012) "The Height of Confusion: Christian Louboutin v YSL Trademark
Infringement" Fox Williams' Fashion Law Group.
Retrieved 14 November, 2012 from http://www.fashionlaw.co.uk/site/fashion_focus/height_of_confusion.html
Elliott, Hannah. (2012) "Both Sides Claim Victory in YSL v. Louboutin Shoe Case"
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
A "New York Times" reporter notes, "But unlike some other patents on animal cloning, this one does not specifically exclude human from the definition of mammals; indeed, it specifically mentions the use of human eggs" (Pollack). Another writer notes that there are virtually no limits on what a patent can be issued for, and so, the patent office can potentially issue patents on any number of controversial or ethical procedures and creations. He writes, "Under this approach, the U.S. Patent and Trademark Office (USPTO or the Agency) issues patents on 'anything under the sun made by man'" (Bagley). Clearly, this policy can lead to muddy waters and questions of morality in the future. Most people agree that human cloning should not occur for any number of reasons, including the ability to create humans and even "perfect" humans to serve as workers or in effect "slaves." This is a moral and…
Bagley, Margo a. "Patent First, Ask Questions Later: Morality and Biotechnology in Patent Law." William and Mary Law Review 45.2 (2003): 469+.
Editors. "Can Living Things be Patented?" Bio.org. 2008. 15 Feb. 2008. http://www.bio.org/ip/primer/livingthings.asp
Kevles, Daniel J. "Of Mice & Money: The Story of the World's First Animal Patent." Daedalus 131.2 (2002): 78+.
Pollack, Andrew. "Debate on Human Cloning Turns to Patents." New York Times. 2002. 15 Feb. 2008.
Harvard college's "oncomouse," which is a mouse that has been genetically engineered to make it more susceptible to cancer, and thus of more use in research, could be patented under Canadian patent law. The Patent Examiner refused to grant the patent, stating that higher life forms were not inventions under the applicable law because they were not compositions of matter. The majority opinion upheld the Patent Examiner's decision. Justice Binnie dissented to the majority's opinion. Justice Bastarache wrote the majority opinion.
The majority opinion, authored by Justice Bastarache represents the court's actual decision. Majority opinions represent the decision of the court. In some cases, there is no actual majority opinion because of partial dissents and concurrences, but that is not applicable in this case. The majority felt that Parliament did not intend for every conceivable subject matter to be patentable, and points to the fact that Parliament wrote an exhaustive…
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
Scenario: Dana and Ronnie operate a Web-based business, TraderRon.com, an Internet swap site that uses a Dutch auction system pioneered by Priceline.com. TraderRon.com allows customers to make offers to other customers to swap such items as their unused frequent flyer miles for other customers' unwanted merchandise, including DVDs, music CDs, used books, and any other merchandise customers might want to trade. No sales involving payment of money are made on the site. Some of the merchandise that has been offered on the site and swapped consists of bootleg or pirated merchandise, as well as designer knockoffs. All of TraderRon.com's income derives from advertising. TraderRon's website and advertising use a black and grey symbol to represent its swapping service. It has used this symbol consistently and registered it with the U.S. Patent and Trademark Office. The symbol is very similar to the Nike swoosh symbol, except it fades from…
Demand is dependent on the frequency of a condition in the population. This number, for most conditions, is generally known. Thus, the equilibrium point can be determined that would deliver the cost recovery and markup pharma companies seek, without allowing costs to escalate to gouging levels. The problem is that once the monopoly has been granted there are no serious cost controls beyond market controls.
There are two problems with this. The first is that without cost controls, it is difficult to improve bargaining power. First, buyers have little bargaining power because most buyers -- even insurance companies -- lack size to bargain over prices. Only Medicare and Medicaid have the size to drive prices down, because pharma companies are dependent on their money even with the monopoly. The second is that there is information asymmetry, which reduces the bargaining power of buyers. Again, only the largest and most sophisticated…
Busfield, J. (no date). Pills, power, people. In possession of the author
Abraham, J. (no date). The sociological concomitants of the pharmaceutical industry and medications. Handbook of Medical Sociology. In possession of the author.
Carmon, I. (2013) How one company controls your breast cancer choices. Salon. Retrieved May 17, 2013 from http://www.salon.com/2013/05/14/how_one_company_may_control_your_breast_cancer_choices/
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
• Are there situations in which a company, for the common good, must give up the economic advantage accorded by intellectual property laws?
During a crisis situation, the common good can trump an intellectual property law. The threat of anthrax was at an all-time high, and though Bayer was producing as much as it could, it could not meet the demand and thus the price for their drug was artificially inflated. Under such circumstances, with a threat that impacts national security, I believe that the common good should come before intellectual property law.
• Should Bayer have followed its own credo more than it seemingly did?
Yes, of course. Although there goal is to maximize profit, it also needs to be a sustainable company. With its past history, sharing its intellectual property in a time of crisis could offer the company much needed intangible assets. The company could…
Here, it is stated that "each Member shall accord to the nationals
of other Members treatment no less favourable than that it accords to its
own nationals with regard to the protection of intellectual property."
(Gervais, 3) This is to indicate that membership in this agreement burdens
each member nation with the responsibility of granting and protecting
patents with the same level of strictness as would be afforded domestic
innovators. Domestic nations, under the conditions of this article, are
restricted from tilting competition to the advantage of patent-seekers
derived from the nation in question, instead being required to exact the
same level of legal protection to foreign patents as to domestic ones.
hen this concerns the entrance of a corporation from the
industrialized sphere into a smaller, less matured and generally still
developing nation and economy, there is little question that the outcome of
this even playing field will be…
Basheer, S. (2005). India's Tryst with TRIPS: The Patents Amendment
Act, 2005. University Indian J. Law and Tech.
Bowal, P;. Diamatteo, L.A.; Dosanjh, K; Frantz, P.L. & Stoltenberg, C.
(2003). The Doha Declaration and Beyond: Giving a Voice to Non-Trade
Concerns within the WTO Trade Regime. Vanderbilt J. of Transnational Law
Fred whether or not it is likely that he has committed a breach under the Trade Marks Act of 1995.
First, it must be observed that Fred has acted appropriately by registering his business' name. Australian law requires that business owners who operate a business under any name other than their own must register their business name and to do so prior to using the business name in actual practice. According to the facts of this case, Fred not only registered the name he also registered the name as a trademark which provided him with additional protection (Trademark Act, pt.3,¶20). A problem, however, may arise if the owner of Fred's competitor, Good Neighbors Fence, has also registered his business as a trademark. Under existing Australian Law there is no strict prohibition against businesses with similar names registering receiving registration. egistration is done by the individual provinces and, therefore, it is…
Aristocrat Technologies Australia Pty. Ltd. v. IGT, (2005). APO 13.
Beecham Group Plc. v.ADM Kao LLC, (2009), ATMO 61.
Design Act 2003, pt.4, ¶ 15.
Kimberley-Clark Worldwide, Inc. v. Goulimis, (2008) FCA 1415.
Nowhere is this gap more visible than in the field of mobile computing devices. Apple, Google, Microsoft, Samsung, and HTC, among many others, are currently involved in a web of costly patent infringement suits. Perhaps it is time to examine whether computer software patents fulfill their intended purpose of promoting technological innovation and economic growth
Through its high-quality, no-cost Android OS, Google allowed mobile phone hardware manufacturers to make a number of different smartphone models at an affordable price. Unlike Apple's iPhone and RIM's lackberry line, which were up-market and targeted at specific segments, companies like Samsung and HTC, which did not have to recoup software development costs, offered smartphone models for the mid-market and even entry-level market.
The availability of so many different Anroid-based smartphones, one for each consumer segment, led to a very rapid and broad dissemination of smartphone devices in the mobile phone market. This dissemination familiarized…
The Wrights had thought of this; it was in Claim 1 of their patent" (Heppenheimer, 2003, p. 324). However, Claim 1 was not part of the litigation, which meant that the remaining Wright brother, Orville (Wilber died in 1912), had to file a brand new suit, which he did in 1914 (Heppenheimer, 2003, p. 324). This second suit dragged on until 1917, when it became obsolete because of World War I. The U.S. government ordered a massive number of airplanes to fight the war, and patent holders all pooled their resources to help the government. By this time, Curtiss had numerous patents of his own, and he never instigated a patent lawsuit, believing the technology and shared information was far more important than patent infringement (Heppenheimer, 2003, p. 330). His flying boats were being used by England before America entered the war, and to get around the lawsuit, Curtiss built…
Editors. (2009). Glenn Curtiss and the Wright patent battles. Retrieved 14 Jan. 2009 from the Centennial of Flight Web site: http://www.centennialofflight.gov/essay/Wright_Bros/Patent_Battles/WR12.htm.
Heppenheimer, T.A. (2003). First flight: The Wright Brothers and the invention of the airplane. Hoboken, NJ: Wiley.
Shulman, S. (2002). Unlocking the sky: Glenn Hammond Curtiss and the race to invent the airplane.
Product: Xperia Z1 Twist plus ear
Enrolling a product in the market attracts subsequent challenges that seek to examine its validity. Therefore, it is inopportune that modern companies develop products that will seek to minimize issues related to the incorporation. The impetus behind this approach is in the knowledge that a good product might fail because of implementation because of the ever-increasing incorporation problems. This becomes challenging if the product in question is affecting several markets. This report will present a product; Xperia Z1 twist plus ear owned by the Sony roup. The report will specify on considerate techniques on how to enroll the product in the market. The report is segmented into three main sections; firstly, the generation of a new idea. Secondly, this report will second an argument of innovation through the democratizing process. Finally, the report will present brief changes that are instrumental in customizing the product…
Guellec, Dominique, and Bruno Van Pottelsberghe De La Potterie. "The Value of Patents and Patenting Strategies: Countries and Technology Areas Patterns." Economics of Innovation and New Technology 11.2 (2002): 133-148. Print.
McMillan, G. Steven, Alfredo Mauri, and Robert D. Halmilton. "The Impact of Publishing and Patenting Activities on New Product Development and Firm Performance: The Case of the U.S. Pharmaceutical Industry." International Journal of Innovation Management 07.02
(2003): 213-221. Print.
Pharmaceutical industries have to operate in an environment that is highly competitive and subject to a wide variety of internal and external constraints. In recent times, there has been an increasing trend to reduce the cost of operation while competing with other companies that manufacture products that treat similar afflictions and ailments. The complexities in drug research and development and regulations have created an industry that is subject to intense pressure to perform. The amount of capital investment investments required to get a drug from conception, through clinical trials and into the market is enormous. The already high-strung pharmaceutical industry is increasingly investing greater amounts of resources in search of the next "blockbuster" drug that can help them gain market position and profits. Laws, regulations and patents are important to the industry while spending billions of dollars in ensuring the copyright of their products.
It is the intention of this…
Ansoff, H.I. (1957). Strategies for diversification. Harvard Business Review, 35(5), 113-124.
Ansoff, H.I. (1965). Corporate Strategy. New York, NY: McGraw-Hill.
Ashour, M.F., Obeidat, O., Barakat, H., & Tamimi, A. (2004). UAE Begins Examination of Patent Applications. Tamino.com. Retrieved January 18, 2004, from the World Wide Web: http://www.tamimi.com/lawupdate/2001-01/intprop.htm
Bain, J.S. (1954). Economies of scale, concentration, and the condition of entry in twenty manufacturing industries. American Economic Review, 44, 15-36.
Thus Koppatschek's testimony is reliable.
In light of David's blatant disregard of the stipulations of the contract with Monsanto, his attempts to cover up his infringement, his inconsistent testimony and his apparent disregard for the legal process, the Court finds that Monsanto v. David does fit the definition of an exceptional case.
Because David violated the Technology Agreement which he signed with Monsanto, there was no reason why Monsanto could not be awarded the attorney's fees stated in said agreement.
Court hold the decision of the lower court in part, holding that the district court did not err in determining that David planted saved seed. The Court held the damages awarded in the amount of $10,000 in enhanced damages, $164,608.03 in costs, and $323,140.05 in attorney fees. However, the Court finds that the alternate award of $30,542.99 duplicated the $164,608.03 damages, and therefore was erroneous and therefore reversed. The…
Montsano Co. v. David. United States Court of Appeals, Federal District. Recieved from: (please fill in source here).
Healthcare -- Administration and Legal
Many vectors -- science, research funding, social acceptance or rejection -- influence how and whether medical technology is eventually adopted into medical praxis (Hogle, et al., 2012). Undergirding the choices and changes is a shared body of ethical standards and law, the establishment of which is often not consensual or efficacious. Any emerging technology can encounter unanticipated social resistance and ethical concerns that can change the course of how medical science research progresses (Hogle, et al., 2012). Medical technology often poses questions about access to expensive innovations and considerations about race, gender, and social justice that are inseparable from the socio-economic levels of patients (Hogle, et al., 2012). In contemporary society, there are the inevitable considerations about patent issues, clinical practice, and the commercialization of medical innovations (Hogle, et al., 2012). The recent court decision finding in favor of Myriad Genetics, Inc. provides a good…
Cho, M. (2010, November 1). Patently unpatentable: implications of the Myriad court decision on genetic diagnostics. Trends in Biotechnology, 28(11), 548-551. Retrieved http://www.cell.com/trends/biotechnology//retrieve / pii/S0167779910001411?_returnURL= http://linkinghub.elsevier.com/retrieve/pii/S0167779910001411?showall=true
Hogle, L., Tobin, S., Gaba, D. And Yock, P. (2012). Web-Based Research Integrity Training for Biomedical Engineers and Medical Device Researchers (Public Health Service). Stanford Center for Biomedical Ethics. Palo Alto, CA: Stanford School of Medicine. Retreived http://bioethics.stanford.edu/research / programs/science_and_society.html
Morrison, E. (2011). Ethics in health administration: A practical approach for decision makers. (2nd ed.). Sudbury, MA: Jones and Bartlett.
Stempel, J., Steenhuysen, J., Wallace, J., Grebler, D. And Orr, B. (2012, August 16). Myriad wins gene patent ruling from U.S. appeals court. Thomson Reuters. Retrieved http://www.reuters.com/assets/
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
Grasso last year, contending that the $139.5 million payout that Mr. Grasso received in the summer of 2003 was exorbitant and in violation of New York's not-for-profit law, which states that executives at not-for-profit organizations, like the exchange, receive "reasonable" compensation. Mr. Spitzer has said he will seek more than $100 million back from Mr. Grasso. In his complaint, Mr. Spitzer cited the Webb report as crucial to his investigation. But until yesterday it remained confidential. The document describes some of the crucial points made in the complaint, among them that the board was misled about the size of Mr. Grasso's bonuses and that $13 million of his $139.5 million payment was vested when in fact it was not (THOMAS and Anderson 2005).
The antitrust authorities should permit Microsoft to merge with Yahoo because it will be more profitable in the end. This is due to the fact that…
Eternal Reward: $10,000. retrieved March 7, 2008, at http://www.ericdsnider.com/snide/eternal-reward-10000/
2007). CRIMES and CORRUPTION of the NEW WORLD ORDER NEWS. Retrieved March 7, 2008, at http://mparent7777-2.blogspot.com/2007_01_07_archive.html
2007). Friends' getting too friendly. Retrieved March 7, 2008, at http://www.apa.org/monitor/feb07/jn.html
Gunderman, Robert and Hammond, John.(2007). Reexamination of the Peanut Butter and Jelly Sandwich. Retrieved March 7, 2008, at http://www.ipfrontline.com/depts/article.asp?id=14617&deptid=3
Monopolies and Trusts:
Appropriate Areas for Government Intervention?
Capitalism is the economic system that has dominated the United States virtually since the day of its independence. A social and economic system based on the recognition of individual rights; capitalism demands that owners' rights to control, enjoy, and dispose of their own property must be respected. In a capitalist system, the purpose of government is to protect individual economic rights, and to make sure that no one individual, or group may employ physical or coercive force upon any other group or individual. The success of capitalism is well evident. The surpluses that this system produces have enabled individuals to experiment; to create new products, and market new ideas. These private surpluses are traded in a free market in direct competition with other buyers and sellers. Such competition is best represented by the efforts of two or more parties acting independently to…
Creating Sound Technology-Focused Initiatives for Intel
Intel, a manufacturer and designer of microprocessor chips, is one of the leading technology companies critical in the global evolution of electronic products. But how so? What strategic initiatives are in place that allows Intel to execute its business strategy, remain competitive in an ever-growing competitive market, and continue to innovate? If Intel's strategies are in place, how do they propel Intel's products that will create new opportunities, new innovation, and the next generation of microprocessors?
This paper analyzes the strategies that Intel currently has in place, core competencies that feed those strategies, and how those strategies lead to product innovation and protection with the ultimate goal of creating technology-focused initiatives that Intel should be engaged in. The emphasis for Intel is to be able to adapt to a changing (and sometimes chaotic) industry, thus technological revolution must always be around the corner…
Author Unkown (2011 May 5). How Intel's Tri-Gate Transistors Could Change the Chip Industry. PC Magazine Online. Retrieved June 1, 2011 from http://find.galegroup.com/gtx/infomark.do?&contentSet=IAC-Documents&type=retrieve&tabID=T003&prodId=AONE&docId=A255562143&source=gale&srcprod=AONE&userGroupName=plan_smcl&version=1.0
Intel (2011). 2010 Annual Report. Retrieved June 1, 2011 from http://files.shareholder.com/downloads/INTC/1277767236x0x452211/09bda9e7-c35f-4baf-b4a6-88123d063fa5/Intel_2010_Annual_Report.pdf
Intel (2011). Intel Reinvents Transistors Using New 3-D Structure. Retrieved June 1, 2011 from http://newsroom.intel.com/community/intel_newsroom/blog/2011/05/04/intel-reinvents-transistors-using-new-3-d-structure
Ojo, B. Don't Bet on Intel to Buy an FPGA Giant. Electronic Engineering Times 1574 (2010): 13. Academic OneFile. Retrieved June 1, 2011 from http://find.galegroup.com/gtx/infomark.do?&contentSet=IAC-Documents&type=retrieve&tabID=T003&prodId=AONE&docId=A217481582&source=gale&srcprod=AONE&userGroupName=plan_smcl&version=1.0
Article 60 of the atent Law and Article 25 of the Anti-Unfair Competition Law holds not specific provision however, Article 118 of the General rinciples of Civil Law provides that the plaintiff possess right to have ill effects of infringement eliminated. This is also including disclosure of third-party infringers.
48: Indemnification of the defendant in relation to the Courts holding of the power to order that damages be paid by the plaintiff to the defendant if enforcement complaint procedures are abused under Article 98 Civil rocedure Law which required compensation be paid if interim preservation is obtained and the laintiff loses the suit
China is complaint under art III Section 3: rovisional Measures, art III Section 3: Special Requirements Related to Border Measures, art III Section 5: Criminal rocedures, and art IV: Acquisition and Maintenance of Intellectual roperty Rights and Related Interparties rocedures. China is "essentially complaint and "not complaint"…
Projections are that within five years of China and other countries having joined the WTO that infringement of Intellectual Property will decrease however it is projected as well that China's government will have to be very active in implementing more extension reforms in order to liberalize the domestic market in China and to allow People's Republic of China and other foreign companies to more freely import and export products.
Clark, Douglas (2000) IP Rights Protection Will Improve in China - Eventually - Online available at www.chinabusinessreview.com/public/0005/clark.html
The Relationship Between the TRIPS Agreement and the Convention on Biological Diversity (2002) Summary of Issues Raised and Points Made - World Trade Organization Report Noted by the Secretariat 2002 August 8 IP/C/W/368 (02-4363) Council for Trade-Related Aspects of Intellectual Property Rights ii the Relationship Between the TRIPS Agreement and the Convention on Biological Diversity (2002) Summary of Issues Raised and Points Made - World Trade Organization Report Noted by the Secretariat 2002 August 8 IP/C/W/368 (02-4363) Council for Trade-Related Aspects of Intellectual Property Rights iii the Relationship Between the TRIPS Agreement and the Convention on Biological Diversity (2002) Summary of Issues Raised and Points Made - World Trade Organization Report Noted by the Secretariat 2002 August 8 IP/C/W/368 (02-4363) Council for Trade-Related Aspects of Intellectual Property Rights iv Ibid
Business Decision Analysis -- Cipla
Yusuf Hamied pioneered the Chemical, Industrial and Pharmaceutical Laboratories, which is more popularly known as Cipla, in India. The main function of Cipla was to reverse engineer some of the most demanded medications in the market and then reconfigure or re-synthesize them in a different manner (to avoid patent law suits) and sell them to the masses at affordable rates. The problem for Dr. Hamied, though, was a recent upgrade in patent laws that were meant to be applicable from 2005 in India. This new upgrade was being implemented on a global scale by the World Trade Organization (WTO) and was officially called Trade elated Aspects of Intellectual Property ights (TIPS) and it mainly required India to accept the patent laws with regards to pharmaceuticals and other intellectual inventions that had been standardized for over 2 decades. This would mean that a majority of the…
Deshpande, R. (2006). Cipla. Harvard Business School, President and Fellow Of Harvard College, 9-305-085.
They followed this advice and the proposal was referred to the Royal Engineer Committee, from whence a letter came advising the brothers of a visit from a prince that would never arrive. In the meantime, the brothers approached United States Congress about a possible sale only to be met with a letter of rejection. Part of this rejection stems from the fact that Congress funded Langley for "his $50,000 fiasco" (Dempsey 69). Dempsey asserts that the brothers were "very generous in their proposal" (69). They were also convinced that "war could be prevented with their airplane" (69). Despite rejection, they continued to improve upon their flying machine. However, things did not go well. Four trial flights after these inquisitions ended in accidents. In October of that year, the brothers flew the plane for the longest time ever recorded, which was 38 minutes at 38 miles per hour. The brothers wrote…
Crouch, Tom. The Bishops Boys: A Life of Wilbur and Orville Wright. New York W.W. Norton and Company. 1989.
Crouch, Tom. A Dream of Wings. New York W.W. Norton and Company. 2002
Dempsey, Judith. A Tale of Two Brothers: The Story of the Wright Brothers. Victoria; Trafford Publishing. 2003.
Goddard, Stephen. Race to the Sky: The Wright Brothers vs. The United States Government. Jefferson City: MacFarland and Company, Inc. 2003.
" Concerning the type of complementary strategic alliance, it is a horizontal one, because it is formed "when partners who agree to combine their resources and skills to create value in the same stage of the value chain," it is focused "on long-term product development and distribution opportunities" and "the partners may become competitors which requires a great deal of trust between the partners."
The answer to the second question is "no," it's not a "competition response strategy" because the two companies are not really competitors, even if the profile for both company is pharmaceutical. Excel research can be consider in this case as an ally, a support for Century Pharmaceuticals, and even as a consultancy company that works for C.P.
The answer to the third question is "yes," it can be an" uncertainty reducing strategy" because if it functions as it is established, it can reduce the uncertainty about…
1. Hitt Michael a., Ireland R. Duane, Hoskisson Robert a. "Cooperative Strategy." Power Point Presentation by Charlie Cook, the University of West Alabama, and ©2007 Thomson South - Western. All right reserved.
Hitt Michael a., Ireland Duane R., Hoskisson Robert a."Cooperative Strategy" ppt, pg. 9-8
Hitt Michael a., Ireland Duane R., Hoskisson Robert a."Cooperative Strategy" ppt, pg. 9-2
Hitt Michael a., Ireland Duane R., Hoskisson Robert a."Cooperative Strategy" ppt, pg. 9-3
International Expansion Proposal
Expansion Report: The report contains information requested by the CEO regarding the possible expansion and recommendation thereof into either the .S., Asian or European marketplace.
In the interest of gaining the optimal perspective for the most profitable expansion of the company, research was conducted into the economic stability and consumer health of each expansion area. It was found that the nited States has the healthiest economy of the three expansion options. Additionally, the nited States has increasing interest and demand for the product and a positive response is feasible.
In order to optimize profit and ensure a smooth transition into the nited States, importation would be the optimal initial option. The importation would be handled through local businesses who sell the product to the customers and order from our company in advance. Once sales reach an optimal level, it is advisable for the company to pursue a…
U.S. Census Bureau News. January 13, 2012. http://www.census.gov/foreign-trade/Press-Release/current_press_release/ft900.pdf
U.S. Surfski Championships. Wave Chaser Paddle Series. 2011. http://ussurfski.com/
Valhalla Products. Valhalla Surf Ski. 2011. http://valhallasurfskis.com/index.htm
Any company that is a leader in an industry knows that what they sell had better be both quality and innovative in order to compete within their designated industry. iordan Manufacturing is no different. iordan has long been a company that offers both quality and innovative products in the plastic molding and parts industry. It also has a strong internal structure that works harmoniously with the objectives of the company. Despite iordan's position as a leader in their industry, the company does face some internal challenges, which work against their company objectives. This paper will look at these areas that require improvement, including finance and accounting, training budget, shipping and receiving, human resources, and the new pyramid bottle cap design for The Taylor Group. The paper will utilize the Issue, ule, Analysis and Conclusion (IAC) method in each distinct area.
Finance and Accounting
Issue: One of the chief…
Association for Automatic Identification and Mobility: Technologies: RFID / What is RFID?.
Retrieved on 19 April 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
It covers a specific device or process and it protected by the Patent Act. A patent can be enforced through the legal system. By contrast a trade secret more difficult to protect through the legal system. A trade secret is not generally known to the public whereas a patent is publicly viewable. A trade secret can be protected in states that subscribe to the Uniform Trade Secrets Act, but typically cannot be protected once the secret has been revealed.
There are a number of common encumbrances on title. Some examples are liens, mortgages, judgments, unpaid taxes, clouded title, easements and other restrictions.
A sole proprietorship is a form of business wherein the individual proprietor bears all liability for the business -- the business is not a distinct legal entity. Sole proprietorships are simple and inexpensive to set up and administer. However, the proprietor faces unlimited liability and pays taxes at…
The WTO, through its
primary role as a mediator, negotiator, and monitor of international trade
policies and disputes, serves by design as a gatekeeper of international
trade, offering the structural conditions and assembled authority to exact
a legitimate level of authority over its member nations. This accounts for
the appropriation of many of the conditions resulting from previous global
conventions relating to intellectual property for use in the TRIP
legislation, with its reinforcement under the parameters of the new WTO
denoting an intellectual property structure with theretofore unprecedented
regulatory relevance. (Chadha, 1)
In considering the content of the TRIP agreement in light of its legal
implications, the function of the WTO comes into more vivid focus. Indeed,
we can see through its approach to intellectual property and patent
protections, which its legislative and philosophical thrust tends to
endorse as a mode to sustainable global development, that the WTO is
A. Chadha. "TRIPS and Patenting Activity : Evidence From the Indian
Pharmaceutical Industry." U. of Conn.: Dept. of Econ. (2005).
Z. Chengsi. "The TRIPS Agreement and Intellectual Property Protection in
China." 9 Duke J. of Comp. & Int'l L.. (2000).
Microsoft in India and China
Microsoft: Strategy in India and China
Microsoft's Strategy in China
Although the Chinese Trademark Law is now largely in conformity with the TRIPs Agreement, the benefits of protection may not be realized for some time. At ground level there is a general culture of acceptance of counterfeit goods, partly because it makes previously unobtainable foreign goods affordable and partly because there is a lack of interest in enforcing IP rights that are largely owned by foreign companies. In this environment, counterfeiting will always seem attractive as it allows those involved to access an already existing market with low entry costs. In the meantime, however, foreign entities could take an active role in furthering the protection of their rights.
Licensing of IP rights to Chinese nationals and establishing joint ventures would be advantageous. The foreign party would have the benefit of local assistance in navigating legal…
Butterton, G., 'Pirates, dragons and U.S. intellectual property rights in China: problems and prospects of Chinese enforcement' (2008) 38 Arizona Law Review 1100.
Leung, M. 1999. 'Counterfeit Beanie Babies: customs to the rescue', The China Business Review, p. 18.
USTR, 2006. Executive Office of the President, USTR Announces Results of Special 301 Annual Review, Official Press Release.
Xinbin. Yang 2008. "Laser Disc Industry:"Opening Up Golden Road. Jingji ribao (Economic Daily) (April 2): 1. In FBIS-CHI, as "China: Article on Laser Disc Industry."
" He believed the umbrella was his own and had no intent to deprive anyone else of property.
4. A reward poster for a lost dog is a unilateral contract. "I will pay you $1,000 for the return of my dog Zorro, in healthy and alive condition." The offer is the $1,000. The acceptance is the return of the dog, and a unilateral contract is only accepted by performance. A bilateral contract is a contract that is fulfilled by promises. The offer would be, "I will pay you $1,000 to purchase a puppy from your dog Zorro's litter." The acceptance is made with a promise to sell me that puppy. Now both parties are mutually obligated; I am obligated to pay the money for the puppy, while the seller is obligated to tender the puppy.
5. Tom and John enter into the following contract when John's daughter is born.
The main advantage of this association is that you will get to control the production process and both collaborators will have the right to question and manage everything. It will require high negotiation skills, primary high investments, but the market is full of potential. By joint venture we will have the possibility to interfere in the recruitment process, deciding who the best people for the jobs are. For India, there will also be an important gain. Not only do we stimulate intern, national production but we also give new job opportunities to citizens. Moreover, due to the fact that India has highly trained people in the technological domain, we might improve our product's characteristics or even come up with new ways of reducing the costs. Moreover, the assembling parts will be less expensive as their transportation costs will be lower.
When choosing a country for expansion, one has to…
Alibaba.com, 2007, Who is the leader in software.. china or India?, [Online] Available at http://resources.alibaba.com/topic/23730/Who_is_the_leader_in_software_china_Or_India_.htm
BBC News, 2007, Country Profile: India, [Online] Available at http://news.bbc.co.uk/1/hi/world/south_asia/country_profiles/1154019.stm
Directory of Official Websites of the Government of India, 2007, [Online] Available at http://goidirectory.nic.in/
Farlex, 2007, the Free Dictionary, [Online] Available at http://www.thefreedictionary.com
The manufacturers are merely consulted; their influence is very limited. In the end, once the price is set, they can only decide if they are willing to sell at that price or not. Take it or leave it.
* the combinations of the factors above will put pressure on the pharmaceutical companies to expand geographically as quickly as possible, in order to maximize their chances of recovering their R&D costs and making a fair profit within the time period covered by patent protection. In order to do that, they will accept in some countries prices that are far from ideal -- prices they would never accept in a true monopoly situation. In doing so, they open the gates for grey trade -- re-importation and parallel imports.
* the barrier to grey trade is formed by the combination of several factors:
* Price difference
* Trade Tariffs (where applicable)
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.
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.
GLAXOSMITHKLINE (GSK) - SUCCESSFUL INTENAL INNOVATION ead case study answer 4 questions . Do write a report. 1. Based GSK's past performance, critical implementation issues GSK internal innovation? Justify answer.
GlaxoSmithKline (GSK) -- Successful Internal Innovation
Critical implementation issues for GSK with regards to internal innovation
Implementation processes are complex endeavors which need to be thoroughly assessed and carefully decided upon. This is true in any situation and in the case of virtually all economic agents, but while this necessity is valid, it is to be differently approached and resolved across companies. In other words, the dimensions of a strategy to be implemented are sensitive to a wide array of organizational and situational particularities, including, among other things:
The size of the economic agent
The availability of resources (capitals, labor force, commodities and technologies)
The intellectual capitals possessed and the ability to gain, transfer and capitalize on knowledge
McDavid, J.C., hawthorn, L.R.L., 2006, Program evaluation and performance measurement: an introduction to practice, SAGE
Schulman, J., 1969, Remaking an organization: innovation in a specialized psychiatric hospital, SUNY Press
Sitkin, S.B., Cardinal, L.B., Bijlsma-Frankema, K.M., 2010, Organizational control, Cambridge University Press
2010, GlaxoSmithKline Plc., Hoovers, http://www.hoovers.com/company/GlaxoSmithKline_plc/crkxri-1.html last accessed on December 22, 2010
Communication Information echnology in Healthcare
Use of Communication and Information echnology in Healthcare
he processes, procedures and strategies healthcare organizations rely on to attain their objectives through collaboration and continual knowledge transfer are being accelerated by the widespread adoption of smartphones globally. More than any other technology, smartphones are revolutionizing how healthcare organizations ensure real-time data and intelligence about patents, procedures for improving patent care, and availability of resources are used. he goals of this analysis include and evaluation of the effectiveness and efficiency of smartphone technology's use in healthcare, including an assessment of their inherent advantages and disadvantages in streamlining information and intelligence workflows. he impact of smartphone technologies on consumers and their cumulative financial impact on health provider organizations over the near- and long-term are also included in this analysis. his analysis concludes with a set of recommendations for clarifying and strengthening the role of smartphones in healthcare-related…
Their small, compact size, highly integrated electronics, advanced Wi-Fi and 3G functionality and pervasive software support have transformed smart phones into the most dominant technology platform in healthcare today (Tounsi, Qureshi, 2008). Their advantages include the configurability to support secured and private communication between medical staffs, high degree of customization at the user interface and application level to support specific medical practice requirements and the ability to use them in networked workgroups protected with secured logins (Johnson, 2011). For all of these advantages however, they have just as many drawbacks including the high cost of configuring them for use within a secured hospital network, the costs of support and continual maintenance given how much activity they see in hospital and healthcare uses and the need to ensure a very high level of data security and compliance to government requirements (Johnson, 2011). Healthcare providers are relying increasingly on Virtual Private Networks (VPNs) to secure smartphone, tablet, laptop and Wi-Fi traffic throughout their treatment care centers and facilities, with many using VPNs across their entire campus locations (Tounsi, Qureshi, 2008). Despite these limitations, smartphones continue to proliferate throughout many of the areas of healthcare that need to have scalable, secured platforms for managing employee data and records.
Impact on Consumers of SmartPhone Technology
Significant and growing quickly, the impact of smartphones on consumers continues to accelerate. As of the beginning of 2012 there are over 60 different Google Android-powered smartphones
Automative Industry and Computers
How computers (over the years) have affected and changed automotive industry and auto sales.
How computers (over the years) have affected and changed automotive industry and auto sales.
History of Automotive Industry
Time Line of Developing Technologies
Emergence of Flexible Manufacturing Systems (FMS)
The ole of Computers in Sale and Marketing
How computers (over the years) have affected and changed automotive industry and auto sales.
Current essay is a discussion of the role and impact of computer on manufacturing and sales of autos. To better understand how and why the automotive industry is where it is today, a brief historical background of the automotive industry is offered. The development of the automobile can be tracked back to 1769 when Nicolas Joseph Cugnot of France built the first vehicle, (Olsen 2002). Cugnot is recognized by the British Automobile Club and the Automobile Club de…
Banham, R.(2002). The Ford century, Ford motor company and the innovations that shaped the world. New York: Artisan.
Erjavec, J. (2005) automotive technology, a systems approach (4th Ed.). New York, NY: Thomas Delmar Learning.
Kalpakjian, S. (1995). Manufacturing engineering and technology. Reading, MA:
Addison-Wesley Publishing Company Inc.
What do you think the pharmaceutical Industry will look like in 10 years? Why?
What do you think the pharmaceutical industry will look like in ten years? Why?
Despite the sharp upturn in profits over the past twenty years for the pharmaceutical industry, there is grave concern amongst industry insiders that this cannot continue indefinitely. "Increasing price and cost pressure, regulatory changes and expiring patents are leading to shrinking margins in the pharmaceutical industry. Almost three in four companies believe their industry is in a strategic crisis" (Berger 2013). This is despite the fact that "the top 10 pharmaceutical companies were able to increase sales by about 13% between 2009 and 2010" (Berger 2013). Concerns abound that the failure to create a new 'hot' drug will create substantial downward price pressure. "&D costs have risen by more than 80% worldwide over the past 10 years. On the other…
Berger, R. (2013). Global pharmaceutical industry is in a strategic crisis -- business models must be adjusted. Roland Berger. Retrieved: http://www.rolandberger.com/press_releases/513-press_archive2013_sc_content/Pharmaceutical_industry_in_a_strategic_crisis.html
Carroll, J. (2013). Novo Nordisk betting $3.7B on a blockbuster oral diabetes drug market
Fierce Biotech. Retrieved from:
e., the ability to read music) or color marks (access to and familiarity with the Pantone chart)." (Matheson, 2003)
There is a question regarding 'scent depletion' as noted in the work of Matheson who states: "The overall number of scents of a favorable character which are intelligible to the majority of the public through a straightforward written description and suitable for product identification are, presumably, rather limited. According to this theory, the registration and/or protection of specific scents should be prohibited to avoid depletion of the supply of scents available for use by others." (2003) This same argument is one that has been reviewed and recently dismissed by the Supreme Court "...relative to color marks as relying upon an occasional problem to justify a blanket prohibition." (Matheson, 2003)
Matheson believes that this concerns will hold more sway in the context of olfactory marks because "...Pending the adoption of a widely…
Benson, Smell registrable as trade mark?, note 5 above, p. 65; Essl, Reg. v. Geruchsmarken, note 1 above, p. 52; Sessinghaus, Graphische Darstellbarkeit von Geruchsmarken, note 10 above, p. 651; Turner-Kerr, Peter M., Trade Marks: Application to the OHIM for registration of an olfactory mark - Case Comment," E.I.P.R. 2001 (hereinafter "Turner-Kerr, OHIM-registration of olfactory mark"), p. N19. In Schaal (2003)
Bhagwan, a*****ha, Kulkarni, Namita and Ramanujam, Padmanabha, Economic Rationale for Extending Protection to Smell Marks (October 2007). Available at SSRN: http://ssrn.com/abstract=1027281See , Catherine Seville, "Trademark Law: The Community's thinking widens and deepens," 53 ICLQ 1013
Bruce Clarke and Steve Kapnoullas, "The New Forms of Registrable Marks: Market Uptake in the first five years," Deakin L. Rev 2001 (6) 70
Matheson, Julia Anne (2003) the Sweet Smell of a Successful Registration. Intellectual Property Counselor May 2003. Finnegan. Online available at http://www.finnegan.com/resources/articles/articlesdetail.aspx?news=d28c44ca-6b7a-440b-a97d-ee09588e9c02
Even if Bristol-Squib Meyers is not directly implicated in all of the cases surrounding this issue, fears about the over all health of the industry will affect stock prices. And finally, there is increased consumer outrage about drug costs and pressure to change current regulations about providing effective health care to Americans. Whatever the long-term impact upon the industry, the government is likely to have to devote considerable resources to health care reform in the near future. Changes in regulation, whatever they are, will make pharmaceutical stocks very volatile for the next 5-7 years.
Finally, the particularly negative publicity surrounding ImClone, justified or not, will negatively impact stock prices for all of the companies connected to the scandal, and Bristol must struggle and devote valuable corporate resources to generate positive media coverage to regain its faltering ethical reputation in the eyes of investors…