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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…… [Read More]
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…… [Read More]
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…… [Read More]
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…… [Read More]
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…… [Read More]
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…… [Read More]
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…… [Read More]
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…… [Read More]
" 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.…… [Read More]
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…… [Read More]
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…… [Read More]
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…… [Read More]
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…… [Read More]
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…… [Read More]
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…… [Read More]
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…… [Read More]
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…… [Read More]
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…… [Read More]
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…… [Read More]
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…… [Read More]
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…… [Read More]
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…… [Read More]
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…… [Read More]
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…… [Read More]
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…… [Read More]
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…… [Read More]
• 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…… [Read More]
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…… [Read More]
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…… [Read More]
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…… [Read More]
" (Information Society and Media, 2005) f. The eContent Programme and the eTen Programme
The 100 million dollar eContent Programme (2001-2005) focuses on encouraging growth and development of tie European digital content industry. This programme funds projects with short time-to-market and as well experiments with new models in business and partnerships through use of technology that is presently available. The programme's stated 'main thrust' is to;
Improve access to an expand the use of public sector information,
Enhance consent production in a multilingual and multicultural environment,
Increase the dynamism of the digital content market by making it easier to access capital and by developing a consistent European approach to digital rights trading." (Information Society and Media, 2005)
The programme will address "organizational barriers and promote take up of leading-edge technical solution to improve accessibility and usability of digital material in a multilingual environment." (Information Society and Media, 2005)Market areas are…… [Read More]
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…… [Read More]
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…… [Read More]
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…… [Read More]
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…… [Read More]
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…… [Read More]
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…… [Read More]
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…… [Read More]
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…… [Read More]
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…… [Read More]
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"…… [Read More]
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…… [Read More]
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…… [Read More]
" 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…… [Read More]
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…… [Read More]
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…… [Read More]
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…… [Read More]
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…… [Read More]
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
designed…… [Read More]
All that Ms. Chang would do is to apply for the patent protection and then franchise a local company to manufacture the CAD system with full assurance that the product will be right protected and the business will still have the same business profits as it is in Singapore.
As a matter of fact, the machine, being so sophisticated will require importation of skills and manpower from the Singapore mother company since they are the ones who are familiar with its operations and can set it up within the licensed company in Pakistan. This makes it easier to have control over the operations of the machine and the levels of output as the technicians will have to be always around to supervise the smooth operation of the system.
Even though the levels of manufacturing in Singapore is above the levels of manufacturing in Pakistan, it still remains to be slightly…… [Read More]
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…… [Read More]
" 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.
John…… [Read More]
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…… [Read More]
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)
* Cost…… [Read More]
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…… [Read More]
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…… [Read More]
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
The access…… [Read More]
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…… [Read More]
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…… [Read More]
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…… [Read More]