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Trademark Infringement Trademark and Patent

The consumer may not be that naive and giving the monopoly on color many not be such a bright idea. The problem with color identity is that in various industries, customer tags a product with a color. That is why the international agreement on 'Trade-Related Aspects of Intellectual Property Rights', including 'Trade in Counterfeit Goods of the TRIPS Agreement' wants to include the aspect of color as discussed earlier. There are some significant tests for the color to be attached to a product and this is called the functionality test. Thus there must be a specific symbolism that would be associated with the unique product, or there must be a unique design. There could be logo and text that are unique not only in font but also in color. Confusion: There is confusion over colors. Because customer confusion is very difficult to prove, confusion is difficult to prove. But the argument that 'consumer was confused by YSL's use of the distinctive red sole at the time of interest in its shoes raises the question whether a consumer is to become confused by the color of products that are in the demographic area and which are all equally well-known can be sustained? Confusion prevails over the issue, and it is not a settled law yet. (Bennett, 2012) Thus it can be stated that while color is a part of the product differentiation it is not to be seen in isolation but in conjunction with the market, the product and its design and if the customer will be induced away from the product on account of the color. Thus it can be stated that while the specific shade of red, in a particular part of the shoe, can be protected by trademark laws as long as the color proves to have a distinctiveness that is associated with the firm or product. It is a different question as to whether the color red becomes proprietary. Seen in the context of the cut throat competition of the market, the pressure of the market and corporate objectives and the pressure of business will often make the management that control the activity of the company to commit transgressions, and this no doubt will also be violation of patents somewhere some time. (Schlegel; Weisburd, 1992) This question may thus be partly resolved. References Bennett, Simon. (2012) "The Height of Confusion: Christian Louboutin v YSL Trademark Infringement" Fox…

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Brief 7 Court Cases

Court Briefs - 7 Different Cases Business Case Texas v. Johnson Real Properties Case Jeffrey A. Beard, Secretary, Pennsylvania Department Of Corrections, Petitioner V. Ronald Banks, Individually And On Behalf Of All Others Similarly Situated Intellectual Properties Eric Eldred, Et Al., Petitioners V. John D. Ashcroft, Attorney General Business and the Bill of Rights Humana Inc., Et Al., Petitioners V. Mary Forsyth Et Al. Administrative Agency Timothy Booth, Petitioner V.C.O. Churner et al. Torts Relating to Business Douglas Spector, Et Al., Petitioners V. Norwegian Cruise Line Ltd. Contracts Montana, Et Al., Petitioners V. Crow Tribe of Indians Et al BIBLIOGRAPHY Business Case Texas v. Johnson U.S. No. 88-155 (1989) Facts: In 1984, during the Republican National Convention in Dallas, Texas while participating in the "Republican War Chest Tour," deemed to be a political demonstration, Gregory Lee Johnson was charged with the criminal offence of... "the desecration of a venerated object in violation of Tex.Penal Code Ann. 42.09(a)(3) (1989)." Issue(s): Is the ruling against Gregory Lee Johnson for the violation of TexPenal Code Ann. 42.09(a)(3) (1989) to be confirmed? Issue(s): Is the conviction of Gregory Lee Johnson consistent with the First Amendment? Ruling: The Court of Criminal Appeals ruled, "No," regarding the issue in this case. Analysis: In reaching the decision to overrule the lower court's The Court of Criminal Appeals determined that Johnson's conduct.".. was symbolic speech protected by the First Amendment: Given the context of an organized demonstration, speeches, slogans, and the distribution of literature, anyone who observed appellant's act would have understood the message that appellant intended to convey. The act for which appellant was convicted was clearly 'speech' contemplated by the First Amendment. reversed Johnson's conviction on the ground that 42.09 was unconstitutional as applied to him... The state court did not address Johnson's argument that the statute was, on its face, unconstitutionally vague and overbroad. We granted certiorari, 488 U.S. 907 (1988), and now affirm." Highlighted part will be rewritten. Because it reversed Johnson's conviction on the ground that 42.09 was unconstitutional as applied to him, the state court did not address Johnson's argument that the statute was, on its face, unconstitutionally vague and overbroad. We granted certiorari, 488 U.S. 907 (1988), and now affirm. Minority Rationale The Minority rationale contends that Johnson's "... conduct may be prohibited and, indeed, criminally sanctioned, because "his act... conveyed nothing that could not have been conveyed and was not…

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Antitrust and Intellectual Property Antitrust

Bid rigging is akin to price fixing in that a firm that is asking for bids on a project has preselected one of the bidders to win. The pooling of patents can actually be of an advantage to the market according to Sheila Anthony, the Commissioner of the Federal Trade Commission (FTC) President Bush, but becomes a problem "when a…

Pages: 15  |  Term Paper  |  Style: n/a  |  Sources: 5


Copyright Law

Copyright Law The protection of a person's or an organization's intellectual properties, creative designs, innovative ideas, and original works has always been an important endeavor to ensure that these entities will always be acknowledged for the hard works they have done. If no safeguard is accorded these works, there are other entities that could steal them in the same manner…

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Internet's Affect on Copyright, Trademark

A variation on this theme is the sale by search engines of banner advertising on search results depending on the search words input by the user. For example, if a search engine sells a brand name to a discount perfume distributor, the sold banner ad will pop up every time that brand name is entered. If the user then clicks on the banner ad, the user is taken to the site of the discount distributor, where a similar fragrance is advertised at a special rate. Domain names are another manner in which the Internet poses a threat to intellectual property protection. The problem arises in whether a domain name can infringe someone else's valid trademark or service mark. Conflicts occur because registrars do not, and probably could not, search thousands of proposed domain names to determine whether conflicts may arise with existing registered and common law trademarks. Instead, registrars grant domain names on a first come, first serve basis. Furthermore, cybersquatters may have noticed that no on yet had taken a certain name, and reserve it with the sole intention of selling it. Cybersquatters attempt to profit from the Internet by reserving and later reselling or licensing domain names back to the companies that spent millions of dollars developing the goodwill of the trademark. Conflicts such as these are handled by the traditional and normal rules of trademark priority and the classic test of likelihood of confusion. Traditional federal trademark law, including the Anti-Dilution Act, did not offer adequate protection of intellectual property on the Internet. As a result, Congress enacted the Anticybersquatting Consumer Protection Act (ACPA). This was directed at preventing cybersquatting on the Internet by registering domain names similar to trademarks and person's names. The trademark related portions of the Act outlawed the act of registering, with the bad intent to profit, a domain that is confusingly similar to a registered or unregistered mark. Also part of the Act were special protections against the cybersquatting of a person's non-trademarked name. Finally, the factual settings and Internet technology change almost daily and the laws struggle to keep up. The growth of the Internet has put pressure on traditional intellectual property protections, and some forms of information, when made accessible on the Internet, are easily copied. As policy-makers address this new environment they should tread carefully, and intellectual property protections should be limited to achieve a balance that prevents direct…

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Intellectual Property in Cyberspace

Intellectual Property in Cyberspace The focus of this paper is to provide the annotated biography of the three articles. Chowbe, (2010) argues in his article titled "Intellectual Property and Its Protection in Cyberspace" that advent of computer and it (information technology) has created a new world within the cyberspace leading to a changing dimension of IP (intellectual property). The protection of the IP such as trademark, designs, copyrights, and circuit design have become challenging in the face of the current digital environment. While IP is a valuable asset to the real owner, however, rapid development of it environment has created a room for the theft of IP assets, which is on the rise globally. The factor responsible for the theft of IP assets is that it is easily adapted to the electronic format making its digital contents very easy to store and disseminate. Based on the threats facing the IP within the it environment, the governments have made the laws and IP protective policies such as ICANN (Internet Corporation for Assigned Names and Numbers) guidelines and the Madrid Protocol to guide against the IP thefts. However, IP thefts are still on the rise, the author demands for more affirmative protective laws to guard against the abusive use of new invention to protect the real IP owners from economic loss. Bowie, (2005) is his articles titled "Digital Rights and Wrongs: Intellectual Property in the Information Age" reveals what there are difference between rights and wrong of digital products. The author illustrates the actions of Joe who attempts to record the popular movie from MTV and Tom who attempts to copy other person's music from the internet. Although, Joe's action may sound legal while Tom's action sounds illegal, however the author argues that both Joe's and Tom's actions are illegal. Typically, 56% of college students, and 25% of non-students download music from the internet. Moreover, 80% of people who download music from the internet do not care whether the copyright laws have protected the music. According to the author, the traditional copyright law is to protect inventors and induce entrepreneurs' creativity. While the copyright protection justification is widely accepted, however, tradition copyright laws do not stopped people from downloading movies or music from the internet. Copyright laws have not stopped millions of people to download copyrighted music from the internet. In the face inability of copyright law to protect the music owners,…

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Trademark Issue

Men2Wimmin does not have a very strong case in this regard, either in obtaining injunctive relief against Clean Clothes for the use of the tagline, "Masculine Attitude, Feminine Fit," or in obtaining any damages for the current and previous use of the tagline by the company. This is the case for several reasons. First of all, Clean Clothes can very reasonably and realistically claim that they were unaware of the French clothing company's tagline and therefore were not knowingly infringing upon the trademark in their use of their own tagline, and this would negate any liability except for real damages caused prior to the cease and desist letter (Shepherd & Cole, 2008). The lack of any real damages to Men2Wimmin at this point would negate the collection of any damages, and were a trademark infringement determined to exist Clean Clothes would simply be required to comply with the cease and desist letter and refrain from further acts of trademark infringement (Shepherd & Cole, 2008). Men2Wimmin's problems run deeper, however, as there is not even clear evidence that a trademark infringement exists. Not only are the differences between the taglines appreciable enough to question whether simple infringement is occurring, but the lack of direct competition between Clean Clothes and Men2Wimmin -- due both to geographic and product/demographic differences -- could mean that trademark infringement wouldn't be an applicable problem anyway (Shepherd & Cole, 2008). The lack of clear trademark infringement and the lack of any real damages makes it unlikely that Men2Wimmin will be successful in this case. Question 2 The fact the Ellen DeGeneres trades JOSB stock so vigorously and even has a net loss on her trading over the……

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Real and Personal Property Intangible and Tangible Property

Property Rights What are the underlying reasons for the law to continue to make distinctions between real and personal property, intangible and tangible property? Intangible property, or incorporeal property, is that which a corporation or person owns and can transfer by sale to another person or corporation, but is not a physical substance. For instance it may be a copyright, a trademark or a patent. It is not real estate or personal property. Some jurisdictions refer to it as choses in action. It is distinct from tangible property in that it is not something that is physical and can be physically handled, as is tangible property. There are two kinds of intangible property, legal and competitive intangible property (). Ownership of intangible property allows the owner legally enforceable reproduction rights. A copyright owner can reproduce the work that carries the copyright and no one else can legally reproduce it without the owner's permission. For instance, an artist may own the copyright to a cartoon character, which is intangible property, but is the source of legal tangible property, such as comic books. Real property is tangible, such as land, buildings or the fixtures in the buildings. We often refer to it as real estate. Personal property is also tangible, but is distinct from real property in that it can be carried away. It is a thing that one person owns, such as an automobile, some tools or a boat. A person may own, as personal property, a comic book about a cartoon character (the same character mentioned above); this is personal property which the person may sell or keep. But the person may not reproduce a picture of this character for sale, as only the owner of the copyright for the cartoon character has the rights of reproduction of this image. Although with the advent of computers, the line of distinction between tangible and intangible property seems to be blurring somewhat ("A number of recent decisions... have suggested that this section includes intangible, as well as tangible losses.") 18 U.S.C. 641, which usually applies to tangible property, applies sometimes to intangible property. In United States v. Girard, 601 F.2d 69, 71(2d Cir.) cert. denied, 444 U.S. 871 (1979), the case……

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China's Intellectual Property Rights: Current

On the other hand, The Chinese Confucian philosophies are revolved around the rules of human norms and social structures. The one aspect that has been dominant in Chinese societies is the preference of fulfilling all societal obligations in harmony with personal obligations. The latter always takes preference over the former so much so that history has shown the Chinese abandoning…

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Sports Law: Octagon Football

When it comes to the identification of specific individuals, organizations, or enterprises, trade names are used. For organizations like Octagon that are routinely engaged in athlete marketing, the subject of trade names cannot be avoided. The names of players, including their nicknames (if they are deemed to be well established) can be trademarked. Indeed, within the last few years, the…

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Piracy in the Video Game

The ISP will then typically notify the seller and ask them to either remove the stuff or close down completely." The U.S. music, movie and software industries have called for the United States to begin legal action against nations that are major sources of piracy at the World Trade Organization (WTO) to stop widespread piracy they said cost them at least $2.5 billion in 2004 (Reuters, 2005). Major piracy rings are large in countries like Taiwan and China. However, these countries are now obligated, under WTO rules, to outlaw piracy and crack down on it. In an effort to meet standards, these governments are forced to tighten controls and restrictions on piracy. This will undoubtedly have a positive impact on the video game industry. Video game companies can effectively prevent the vending of mod chips in the United States, and are currently patrolling the Internet, sending out cease and desist letters to those offering the chips for sale. As a result, the companies that people can order the mod chips from are usually based outside of the United States, Console piracy is a global industry, and the only way to fight it is with a global approach (Kent, 2003). When game companies describe the battle against piracy, they constantly mention Korea, China, and Singapore. Most agree that local authorities are helpful in shutting down bootleggers, but that the industrialized nations have the best laws for fighting piracy. "The mod chip penetration rate does not scale here the way it does in other countries," says Stevan Mitchell, Interactive Digital Software Association vice president of intellectual property policy (Kent, 2003). "We have seen new accounts that suggest in Hong Kong, for example, between 80 and 90% of the Xboxes that are made available in storefronts have been pre-modded for sale in those markets. It's an academic issue relegated to copyright office proceedings in this country, but it is a very real economic issue in Asia, and it's a growing issue in Latin America as well." The notice-and-takedown model serves as a model for other countries (Kent, 2003). However, it is part of an effective enforcement regime, but it's not a complete system. Still, it is a good start for less developed nations. Copyright and trademark are effective enforcement weapons, as people who pirate games copy a trademarked name or logo. However, countries must have laws in place to punish offenders. Using copyright…

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SOPA Objective Argument: The Stop

The recent Manager's Amendment to SOPA was passed, "narrowing definitions of bad actors, limiting the private right of action that allow copyright and trademark owners to sue, and addressing concerns that anti-piracy measures could eventually denigrate the security and integrity of the Internet" (Gardner 2011). The Manager's Amendment also eliminated the legal duty of servers to monitor activity on a…

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Patents and Trademarks for the Flavia Coffee Machine

Flavia Coffee Machine Patents Flavia is a brand of coffee-related products owned by Mars Inc., the candy bar maker. Relating to Flavia are three important patents. The first is 5,272,960. This is for a machine that dispenses beverages made by injecting a liquid (hot water) into a packet containing other beverage-producing materials. The device was invented by Robert N. Kinna of Bramley Green, England. It is presently owned by Mars, Inc. The patent was filed on November 1, 1990 and was issued December 28, 1993. This invention has several other unique features. One is that the devise uses liquid pressure to open a seam in the sachet. The seam is weakened with a heat source prior to opening to prevent explosion. The heat source is either hot liquid or a radiant source. The machine is typically used to make hot chocolate. There are several independent claims associated with this patent. The broadest of these includes any number of different sources of heat to break the sachet seal, including a hot wire or steam from a hot water tank. This process can also be conducted with the aid of an activator, and that activator may come with an automatic deactivation function or not. Another patent is 6,358,545. This is for a sachet that is comprised of two laminates which are heat-sealed together. There will be an openable portion to the sachet sealed with a pressure-sensitive adhesive, allowing it to be opened, thereby allowing the contents of the sachet to be mixed with liquid. The sachet was invented by Kevin Paul Chandler of Great Britain and Umberto Richichi of Italy. The patent is owned by Mars UK Limited. It was filed on May 15, 2000 and issued on March 19, 2002. The sachet is designed to allow all of the material contained within the sachet to mix with the water completely and drop cleanly into the cup. This was previously difficult to achieve, in particular in drinks that do not require a filter, such as hot chocolate. By adding a reinforcing flexible strip to the base seam of the sachet, the predictability of the opening of that base seam is improved. The broadest claims include sachets that have three layers - outer plastics, intermediate foil and inner plastics and are bonded by heat-sealing the inner plastics layers together. A third related patent is for a process to treat roasted coffee, patent number…

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Copyright Law

Copyright Law and the Music Industry: A Paralegal's Role History of the Copyright Act Cases That Shaped Copyright Law and Interpretation Understanding Common Law Copyright and Statutory Copyright The Basic Rights of Copyright Ownership Exceptions and Special Cases F. Copyright Terms of Protection G. Registration Issues Analysis of the Paralegal's Role H. The Anatomy of an Infringement Case F the…

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Fair Use Element of Copyright

¶ … Copyright Law In the past few years, the "fair use" element of copyright law as it applies to news commentary and educational uses has emerged as a controversial topic, raising the awareness of intellectual property practitioners, copyright holders and governmental agencies alike. Famous copyright cases such as the ones involving Vanilla Ice and Batman Forever have assisted in…

Pages: 12  |  Term Paper  |  Style: APA  |  Sources: 15


Patents and Copyrights

Economics -- Proprietary Intellectual Rights I would argue, in principle, that patents and copyrights perform the same essential function in the market, that they do not create monopolies, but that they are justified by slightly different underlying rationales. More specifically, both patents and copyrights grant exclusive rights to profit from ideas to the creator of those ideas (Edwards, Wattenberg, & Lineberry, 2009; Halbert & Ingulli, 2008). However, there is a fundamental conceptual difference between monopolies and recognition of the rights that flow from independent initiative simply because the benefits that are attributable to patents and copyrights would not exist for any market participant but for the independent initiative of the owner of those rights. Gasoline or steel, for example, could be produced and sold to market by any market entrant with the capacity to overcome the natural barriers of doing so. Therefore, the award of exclusive rights in those industries would constitute an artificial……

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Copyright and Public Interest in Archives in

¶ … Copyright and Public Interest in Archives in the U.S.A., UK, and China What, exactly, is a Copyright? Why is it important? A Copyright in general terms means the set of laws and rules that are set up be a government with the primary purpose of affording protection to the authors or the writers of 'original works' of their…

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Trash Bag Patents the Designation "U.S. Patent"

Trash Bag Patents The designation "U.S. Patent" or "Patent Pending" is found on many household products. This designation provides notice to the public and potential inventors that the product has been patented, or is in the process of being reviewed to receive a patent, and has protection afforded by the laws enforced by the United States Patent and Trademark Office…

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Business Law Scenario: Dana and

1) There are four types of intellectual property including: (1) trade secrets; (2) patents; (3) copyrights; and (4) trademarks. (Miami, 2012, p.1) The most dramatic of all change in the U.S. patient system in more than sixty years is reported to have taken place in 2011 when the Leahy-Smith America Invents Act (AIA) reported to have resulted in a conversion of the patient system from a 'first to invent' to a 'first inventor to file' system. It is reported that 70% of patent infringement cases go to trial within three years of being filed and the average since 2005 is reported at 2.5-year. The median damages from patent damage awards between 2006 and 2011 is reported at approximately $4.0 million. The potential to infringe on intellectual trademark or copyright rights is much greater since the advent of the internet. Unless TraderRon's has a disclaimer on the use of its website for training, TraderRon's may be responsible in part for goods sold on the site. The use of a symbol close to that of Nike's symbol might well represent an infringement on Nike's trademark copyright under the laws governing trademark rights. Use of the multimedia presentation by a friend of a friend could well result in an intellectual property lawsuit should the friend who owned the presentation find out about its use by TraderRon's. The Federal Trademark Dilution Act contains the laws that protect trademarks from unauthorized usage. (The Legal Environments of Business, 2013, p.1) It is reported that the Digital Millennium Copyright Act "has made potential criminals out of users without lessening the confusion." (Rappa, 2013, p.1) The applicability of copyright and patent law to software as well as the "patentability of business methods, and the unregulated use of……

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Patents Ethics in Patents in

This would be akin to saying that the inventor was the first to have the idea and this can be proven. It cannot be proven. A denial of this patent would occur because the application says that Amazon wants to control any method that could produce the one-click functionality. By rule they are not able to do this. Another company can develop a similar idea as an end result, the one-click functionality, as long as the path they use to get there is different. Thus, a company can devise another means of reaching this objective and Amazon's patent cannot be used to disallow this outcome, by law. Thus, a denial on the basis of monopoly law. Natural Rights Theorist Granting Patent According to this theory, people have, as the Declaration of Independence says, inalienable rights. This means that every person possesses, when they are born, certain rights that are innately a part of the human existence. As Locke put it among these are life, liberty and property. Locke would argue that Amazon had acquired the property, the one-click system, because they had developed it, and thus they could not be denied this property or the use of it. The natural rights theorist would guarantee the patent based on these ideas of liberty that Locke purported. Natural Rights Theorist Denying Patent The issue here is though that Amazon wants to take away the liberty of every other business that could devise a similar product that does the same thing, but in a different way. These companies would have their liberty to produce such a system taken away because of the patent that Amazon is asking to be granted. This is a type of business-government collective tyranny that the founders of this country fought against. The patent would be denied because under Locke's ideas of natural rights the individual's liberty should not be constrained by another. The patent is too broad, and it is infringes on other people. Conclusion It seems that the arguments against granting the patent are the correct ones because trying to have an all-inclusive patent is exactly what monopolies consist of. The arguments for both types of theorists can be used effectively though. It is interesting how an argument can be turned against itself using the same philosophy.…

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Piracy, Counterfeiting, Patent Violation, the

"Digital equipments are commonly found to be copied" (Lynch 2004). Different varieties of counterfeit Apple iPhone are easily available which greatly resembles from the original product in their looks, software and quality as well. These counterfeit products usually appear about a month or two after the original product goes on for sale, although it appears to be exactly the same…

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Business Law Utility Patents and

Utility patents fall under www4.law.cornell.edu/uscode/35/" 101-103 of Title 35. "In order to be patented an invention must be novel, useful, and not of an obvious nature. See. Such "utility" patents are issued for four general types of inventions/discoveries: machines, human made products, compositions of matter, and processing methods." (Patent Law: An Overview). "Patent infringement cases arise under Federal patent law over which the Federal courts have exclusive jurisdiction. See 1338(a) of Title 28 of the United States Code." (Patent Law: An Overview) In conclusion, patents have been the solution to provide protection for intellectual ideas since the industrial revolution began. Patents provide a twenty year buffer to protect the intellectual owner's rights to produce or license his invention. The process for obtaining a patent is not difficult; however, there are definite advantages to knowing what legal rights one has to an invention in regard to intellectual property for an employer. The fee structure for a patent maintains one's right to that patent if payments are abandoned the patent holder could lose their right to enforce the patent Works Cited 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. Reichman, J.H., and Paul F. Uhlir. "A Contractually Reconstructed Research Commons For Scientific Data In A Highly Protectionist Intellectual Property Environment." Law And Contemporary Problems. (2003). Utility Patent Application Transmittal Form Or Transmittal Letter Fee Transmittal Form And Appropriate Fee. Ed. U.S. Patent Office. U.S. Patent and Trademark……

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Comparison of US Versus EU Trademarks in Areas Such as Smell and Sound

¶ … U.S. VERSUS EU TRADEMARKS IN AREAS SUCH as SMELL and SOUND The objective of this work is to examine the United States Law and the European Union Law on trademarks specifically in the area of smell and sound and to make a comparison of the U.S. And EU trademark laws in this area of trademarks THE EU 'COMMUNITY…

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Press Release: International Copyright as a Social

Press Release: International Copyright as a Social Issue For Immediate Release: Intellectual Property Issues Debated On Global Scale Press Release, Socially Conscious Global Economic Groups are protesting international intellectual property laws that they say are burdensome to developing economies. They cite the WHO and the TRIPS agreement as fundamentally flawed. Groups are concerning with the issue of protecting such commercial properties as those which might be defined as 'intellectual' in nature. Intellectual property is that property which, though represented in terms of words, images, ideas or designs, can nonetheless be demonstrated to have quantifiable and qualified economic value. This is a core social issue relating directly the philosophical orientation of different social contexts, with capitalist nations such as the United States taking a highly stringent position on the subject and with more socialist oriented nations such as China taking a fundamentally non-proprietary approach. Thus, with the growth of international trade, this issue has prompted widespread disagreement and sweeping legislation designed to resolve these differences. As the legislation currently in place clearly favors the ideals of proprietary economies, it represents a core social conflict with widespread implications. (Chengsi, 1) The analysis of the legal implications of the conditions established by the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) contained here, with a specific focus directed toward understanding the ways in which its policies differ both from former internationally governing agreements or conventions on the subject of intellectual property rights and from currently existent or currently subsiding domestic policies on the subject of intellectual property rights. The core of the focus in this discussion is on the relevance of patent laws. Though nations such as the U.S., leading exporters of patented properties and products, would promote the idea and the parameters of an international standard on the subjects of intellectual property and patent-holding, it would not be until……

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What Is Right About Copyright?

¶ … copyright laws. This is accomplished by examining how it is helping or hurting different stakeholders. Once this takes place, is when we can see how this is impacting costs and the choices of content to consumers. Throughout history, copyright protection has often been seen as way of safeguarding the work of those individuals who are creating something based…

Pages: 5  |  Essay  |  Style: Harvard  |  Sources: 5


Step-By-Step Guide to Applying for a Patent

¶ … Patent Step-by-Step Guide to Getting a Patent Organize all ideas, notes, drawings in a presentable order so that they are all available at your disposal for the rest of the steps. When everything is unorganized, it may be hard to keep track of all the needed materials as the process becomes more complicated. Organizing all notes helps secure that everything needed for the patent is there and in an easily accessible format. Conduct a thorough search to look for similar inventions to ensure that you are not going to be rejected for a patent based on too similar of a design to an existing product, design, or technology. It is important to know what has already been patented so that one does waste time working on a patent that will be rejected. However, if there are similar inventions, this does not mean it is the end of the road. A design or product might be improved on and the patent one is currently working on could provide a better design. If this is the case, one would need to really spell out and specify what is unique about the new design and how it can improve existing products or technologies. 3. After this, the next step is to decide the type of patent one would need to file. There are a number of patents to choose from, and it is important to choose the one most appropriate for the design or product in question. According to the United States Patent and Trademark office, a utility patent "may be granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, or composition of matters, or any new useful improvement thereof" (U.S. Patent and Trademark Office 2013). Thus, utility patents are appropriate for individuals who want to begin manufacturing the product right away. Design patents are for "new, original, and ornamental design for an article of manufacture" and are more geared protecting ownership of the design that is not going to actually be manufactured right away (U.S. Patent and Trademark Office 2013). These are useful when a design has been crafted but the individual cannot begin manufacturing just yet. Finally, there is a plant patent, which deals with the breeding or hybridization of a new plant species (Clayton 2012). 4. The next step is to decide whether to file a provisional or non-provisional utility patent.…

Pages: 2  |  Research Paper  |  Style: n/a  |  Sources: 2


Secondary Liability, Copyright Law Digital

Now customers have a lot more flexibility than they had in the past, for example, in 2003 when the iTunes was launched for the first time the people could listen to the songs that they purchased only on 3 computers and then by 2005 iTunes increased that number to 5 computers (Apple Press Release, 2003). Conclusion With the advancement of technology especially the digital technology there has been a change in the way the media content is now being produced and showed. Now the people have greater access to the media than they ever had in the past. However, due to these drastic changes in the digital technologies the owners, vendors and the other media players roles have changes vastly and because of this the relationship among all these vendors and players is not as it used to be in the past either. The main reason behind the creation of the DRM systems is this changing digital environment as; there was a need for new legislations for the content as well as alteration in the already existing legislations. There are many benefits of using the DRM solutions for example; the DRM solutions help the companies to create unique products which help them in getting a competitive edge in the market. On the other hand the DRM solutions don't require a high maintenance of production cost and at the same time allows the business to enter into new market segments. Nonetheless, most companies still resort to older business models and methods and also older legislations. References Apple Press Release, Apple Launches the iTunes Music Store, April 28,2003, http://www.apple.com/pr/library/2003/apr/28musicstore.html. Gee, L And Ivanova, L. (2006). Fragmentation vs. Standardization in the Market for Digital Rights Management Solutions: A Case Study Of The Online Market For Audio And Video Content. Taken from: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=920711 Lipton, J.D. (2009). Secondary Liability and the Fragmentation of Digital Copyright Law. Case Research Paper Series in Legal Studies. Pang, L (2006). Cultural control and globalization in Asia: copyright, piracy, and cinema. Routledge. Park, Y. And Scotchmer, S. (2006). Digital Rights Management and the Pricing of……

Pages: 5  |  Reaction Paper  |  Style: Chicago  |  Sources: 5


Copyright Laws vs. Peer-To-Peer File

Peer to Peer file sharing Following the ruling that determined it was okay to record television movies and shows on blank VHS tapes for private use the explosion of alternatives arrived. About the time the Sony trial was winding down the Internet was heating up. The Internet was something that allowed communication between people across the globe and with many…

Pages: 20  |  Term Paper  |  Style: n/a  |  Sources: 0


Compulsory Licensing of Patents the

All of these opinions substantiate the fact that by transforming their patent systems and changing their economic systems into market-oriented economies along with free trade structures to back the financial and monetary system, the under developed world will promote the flight of the desperate foreign capital it needs for its technological growth and development in the pharmaceutical sector as well…

Pages: 14  |  Term Paper  |  Style: n/a  |  Sources: 0


Distinguish Between Net Present Value and the

¶ … distinguish between net present value and the internal rate of return. What are some common problems associated with analyses based on discounted cash flows. Both net present value (NPV) and the internal rate of return (IRR) are measurements that are used in capital budgeting. Typically, they are ratios that allow analysts to determine with a new investment or…

Pages: 10  |  Essay  |  Style: n/a  |  Sources: 10


Pharmaceutical Tangible and Intellectual Property

Pharmaceutical Property Intellectual and Tangible Property Rights and the Pharmaceutical Industry: Current Rends and General management Protecting Tangible Property Rights Protecting its tangible property is one of the most essential property management tasks of any pharmaceutical company; it is through the company's physical assets that capital can be raised to further research and development, expand operations, and continue producing both intellectual and tangible property in the form of drug formulas and the actual manufacture of medicines (Ghauri & Rao 2008). It has been suggested that removing the costly research and development phases of drug production from a dependency on tangible property through increased governmental and academic funding would benefit the pharmaceutical industry by limiting the likelihood of infringement upon tangible property rights (Ghauri & Rao 2008). This would also lead to problems deriving the same profits from exclusive patents on tangible and intellectual property, however. The tangible assets of a pharmaceutical company are not limited to the products it manufactures, but also include the facilities of the company and all of its equipment. In this industry, tangible property such as specialized equipment can be stolen as intellectual property -- knowledge of how the equipment is designed -- and thus in order to protect all of the company's tangible property, managers must limit the areas of knowledge different employees have regarding the manufacturing processes of various drugs. The protection of tangible property in the pharmaceutical industry, therefore, must necessarily include measures that protect against the infringement of intellectual property rights as well (Long 2000). Protecting Intellectual Property Rights Protecting a company's intellectual property rights is often more complicated than protecting its tangible property rights, but in the pharmaceutical industry it is also far more necessary. It is through the exclusive right to intellectual property -- specifically, to the formulas and methods of manufacture of many pharmaceutical products -- that profit incentives for future and continuing development are created (Kaufman 2008). In order to protect these rights, certain concessions have actually been made that allow for certain limited and now legal infringements -- when developing countries cannot afford to provide a certain medication to a population in need, specifically -- so as to head off black-market companies from producing and distributing copied pharmaceutical products (GTN 2004). Other measures that managers of pharmaceutical companies must take in order to protect the infringement of their intellectual property rights include strict on-site security, ensuring the…

Pages: 3  |  Term Paper  |  Style: APA  |  Sources: 4


Patents Bayer Must Make Its Decision on

Patents Bayer must make its decision on an appropriate course of action in context of two key variables -- shareholder interests and corporate ethics. Bayer's indecision was the worst of both worlds -- it resulted in considerable erosion of goodwill and it a suspension of the patent would not have been in the best interests of shareholders. Patents exist to protect intellectual property, and this holds even in the event of a public health crisis. Bayer has an obligation to protect its intellectual property rights because that is in the interests of the shareholders. The only reason not to uphold theses property rights is in the event that doing so would create such a negative perception of the company as to impact the business in the long-run. From an ethical perspective, it is not the perception of profiting from crisis that is the consideration. Utilitarian ethics would demand that if the release of the Cipro patent was the moral imperative, it should be released. Determining the moral imperative, however, is the role of management and based on societal norms. Consequentialist ethics would view the issue as one whereby putting profit over public health is a risky proposition for Bayer. If the company was unable to meet the need for Cipro, it would be roundly criticized and face a profound erosion of goodwill. Moreover, in the long run the consequentialist perspective supports the idea that protecting patents encourages innovation by providing the opportunity for monopoly rents. The system, therefore, should not be broken in the event of public panic; while politically expedient, such moves discourage innovation (Sterckx, 2006). Bayer therefore has an ethical dilemma to address. Given that the market is the United States, the moral imperative is defined by the American people. In this society, drug patents and intellectual property are held in high esteem, but the health of the community is also held in high regard. Sacrificing short-term profits to help the community is something that would be viewed favorably and indeed for many Americans would be considered the correct course of action. Given that consequentialist ethics supports the utilitarian view that Bayer should temporarily release its patent on Cipro, that is the course of action that company should take. In suspending the patent voluntarily, Bayer achieves two key objectives. The first is that it demonstrates considerable good faith that under the circumstances a temporary suspension would not be…

Pages: 3  |  Essay  |  Style: MLA  |  Sources: 3


Is the United States Patent System in Good Operating Condition What Are the Criticisms?

Patent System A patent is a set of exclusive rights granted by a state to an inventor or his assignee for a limited period of time in exchange for a disclosure of an invention. Patents are supposed to serve two primary purposes. The first goal is to facilitate and encourage disclosure of innovations into the public domain for the common good and the second goal is to encourage research and development through protection that makes it more economically efficient by rewarding companies for their efforts (Patent -- economic rationale). but, do patents really accomplish these objectives? Critics claim that patents can, in many instances, actually have the exact opposite impact. Most frequently called into question is how the conferring of a "negative right" upon a patent owner promotes the common good. With this "negative right," a company holding a patent can prevent others from making, using, or selling the patented invention (Silverman, 1995). Only once a patent expires, the protection ends, and an invention enters the public domain and becomes available to commercial exploitation by others (Frequently asked questions (FAQs)). Pharmaceutical patents are often cited as examples of how "negative rights" have negative consequences for society by preventing lower-cost generic drugs from entering the market (Banta, 2001). Further, the motives of patent owners are also questionable. Quinion (2006) describes what is referred to as "patent trolls" who have no interest in commercializing a patent or licensing it so that innovations are available in the public domain. Instead, some large companies try to develop a huge portfolio of patents just to collect money from other firms whose products they consider to be covered by the patents or to sue others for patent infringement Professors Heller and Eisenberg (Patent -- economic rationale) explain that patent protection of intellectual property rights can become so fragmented that it's difficult for any one to take full advantage of them. As an example, these professors discuss complex therapeutic proteins and genetic diagnostic tests that require the use of numerous patented gene fragments. The owners of these patents must either negotiate an arrangement in……

Pages: 2  |  Essay  |  Style: APA  |  Sources: 2


Product Piracy Is a Huge Problem That

Product piracy is a huge problem that governments and companies face and with the growing sophistication of the world is becoming harder and harder to control. One of the ways in which companies are most impacted by piracy is that it reduces their ability to fund their research and development projects. Piracy is more widespread than popularly believed. In fact, some estimates approximate 9% of the world's products to be counterfeit (Carratu International ) and this number may well be growing. Certain consumer products, such as athletic footwear and music / electronic department are especially susceptible to this trend. In 2000 alone, customs borders of U.S. seized $7.8 million dollars of pirated DVD's, videos, and music CDs ( Bernstein & Munro, 60 ). China boasted that they had once seized $33 billion dollars worth of pirated music disks and videos. This is only a slice of the problem. Dealing with the problem is difficult and companies and government -- these are the one that are usually most effected -- have tried various strategies. The problem is that products are often easy to imitate. Counterfeiters save by not investing in the expense of research and development, safety testing, and other expenses that go into inventing and crating a product. More so, penalties for piracy are relatively light. In this way, counterfeiters have more to benefit than lose by piracy, and companies / or governments trying to prevent it often find themselves fighting a losing battle. The best way to address this problem is to instantiate it with a famous company -- Pfizer - that experienced the problem, particularly in regards to one of its most innovative products, Viagra, and found original ways to deal with it. The following essay, therefore, is a treatment of Pfizer, its problems and solutions as well as an analysis of Pfizer's current situation. Recommendation will be derived from the case study. Pfizer began as a small pharmaceutical company in Brooklyn in 1843. It was Pfizer's perfection of the fermentation process that enabled them to become the world's largest producer of penicillin by the 20th century. Later this was coupled with their strategic excellence in research and development, production, and sales as well as excellent sustainability programs that included social activism and philanthropic activities (Rodengen, 59-77 ). All of this positioned them as a world-renowned company. By 2004 they were making almost $7 billion and expecting proceeds…

Pages: 3  |  Term Paper  |  Style: n/a  |  Sources: 0


Copyright Computer Software Piracy and

File sharing, DVD protection and software nuances have recreated the way things are used and shared. Computer technology permit end-users to reproduce and distribute any copyrighted work without an owner's permission. An example can be seen how color scanners reproduced the likeness of dollar bills so accurately that big brother had to recreate the paper-based monetary system from scratch. Whether thorough software or hardware duplication or alteration, all of these cases had a basic tenet that some individuals and companies feel that sharing is a right. Those companies and individuals that feel that they have a proprietary right on their copyright, on the other hand, are out to stop the concept of free technological sharing. The latter group seems to be more in compliance with the law. Copyright laws will continue to refute that part of society that feels that sharing is an amiable right. Litigation by copyright owners against suppliers of file sharing technologies, piracy software and indirectly against end-users or consumers of those technologies has consistently ended in victory for the plaintiffs and a clear legal defeat for the notion of free sharing. Conclusion In conclusion, this report completed my portion of the Blue Team's group project where we were each assigned a set of cases to review and summarize. My case was number 3 called, Universal City Studios, Inc. V. Reimerdes. The objective of the paper was to provide a case summary and the rules of law that pertain to the case, the main case issues as they influence society, the Court's final conclusion and whether or not I concur and as mentioned a compare and contrast with the other cases assigned. References Case Summary. (February 2, 2000). Universal City Studios, Inc. V. Reimerdes. Retrieved November 12, 2004, at http://www.law.uh.edu/faculty/cjoyce/copyright/release10/Universal.html……

Pages: 6  |  Term Paper  |  Style: n/a  |  Sources: 0


Copyrighted Material Under U.S. Code Title 17,

Copyrighted Material Under U.S. Code Title 17, Section 107, copyrighted works are free and fair to use under certain circumstances, and within certain guidelines (17 U.S.C. 107). These guidelines, or fair use factors, are vague at best, and can be misleading. Further, these guidelines appear to encourage the use of copyrighted material in some cases, creating an even more confusing…

Pages: 5  |  Term Paper  |  Style: n/a  |  Sources: 0


Free Copyright Fair Use Appropriation and Piracy

Copyright, Fair Use, Appropriation and Piracy Copyrights have restricted the ability to use someone else's work. However, with the advent of fair use policies individuals can now use part of others' work for non-commercial purpose. Internet is flooded with examples showing instances of fair use policy. Use of these policies is further augmented by advent of new technologies such as…

Pages: 4  |  Essay  |  Style: n/a  |  Sources: 4


Dmca Digital Millennium Copyright Act

Digital Millennium Copyright Act (DMCA) passed in October 1998. Some of its parts were not imposed until some later dates. DMCA was implemented through the signing of President George Bush. This law is being used to curb people with free software that is being used to watch DVDs on Linux boxes. This law unfavorably affects anyone. The DCMA establishes large corporations' extensive power over consumers. Moreover, there is minimal acquisition to what the model should contain in enhancing creative works. Moreover, the DMCA is an act of violence with stakes attempting to forcefully seize something that people individuals consider as common property. The DCMA is divided into five significant provisions (U.S.G.P.O. 2008). DMCA encompasses two significant parts, which are a source of debate since they were implemented in 2000. The "anti-circumvention provision section bar circumvention regarding access controls and measures of technical protection is the first section. In addition, the "safe harbor" provisions safeguard service enhancers that meet a certain situation. These include provisions employed in monitoring damages relating to infringement activities of their clients and other related parties over the internet. Therefore, while enhancing the efficiency of "anti-circumvention" provisions relating to DMCA, the Congress sought to stop copyright pirates that wanted to defeat the DRM. This included other content access and copy limitations on copyrighted works prohibiting the "black books" policies aimed for the purpose. The DCMA protects service providers from monetary liability rooted in supposedly infringing practices of third parties. Therefore, an individual can receive these protections of the DMCA through complying with the terms laid in section 512 (Wilbur, 2000). These include "notice and takedown" processes that give copyright holders faster and effective means of disabling access to supposedly infringing comfort. Criticisms of the DMCA The Digital Millennium Copyright Act was greatly welcomed by giant companies. However, it faced various criticisms and lacked the force of taking on the big companies. It was rejected by researchers due to its effort to suppress the circulation of information. The DCMA permits over-enthusiastic copyright owners to claim the objection of sources from websites, which are not intruding on the rational possession rights. Moreover, the cost of opposing such a claim includes the effect of a denial to eliminate the content and succeeding loss in a lawsuit. This means that a number of webmasters are able to cede to the unintelligent requests of the copyright owners (Stegmaier, 2005). In addition, critics…

Pages: 3  |  Term Paper  |  Style: n/a  |  Sources: 3


Piracy Copyright Protection

Piracy/Copyright Protection The music industry is a broad business into which many people venture. It includes artists, recording labels, producers and marketers. Many artists use the music industry to build themselves economically by selling their creations to consumers who enjoy listening to the music. However, with increasing economic hard times, many consumers are resorting to acquiring this music illegally, without…

Pages: 6  |  Research Paper  |  Style: n/a  |  Sources: 4


Dmca Digital Millennium Copyright Act

DMCA Technology has changed the lives of many people in many different ways. As a result of the technological impacts of recent decades, new rules and laws have been created to allow for fair trade and just markets. One of these important laws is the Digital Millennium Copyright Act (DMCA) that was signed into law in 1998. The purpose of this essay is to discuss the DMCA and the impacts that this law has had on society. This essay will discuss both supporting and dissenting views of this law and use a real world case example of how the DMCA is enforced and interpreted. The DMCA has stirred much controversy in its existence. The DMCA looks to manage digital rights of media that became very popular and easy to produce in the late 1990s. The law was enacted October 28, 1998 by then-President Bill Clinton. The purpose of the DMCA was to create an updated version of copyright laws to deal with the special challenges of regulating digital material. The main objective of the DMCA is to protect the rights of both copyright owners and consumers. The law complies with the World Intellectual Property Organization (WIPO) Copyright Treaty and the WIPO Performances and Phonograms Treaty, both of which were ratified by over 50 countries around the world in 1996. The law was drafted by people and contibutors from many different areas of society. Publishers, scientists, civil rights groups and others all wanted to have their say in this new law and the DMCA is considered a compromise measure by many of these groups, whose interests frequently conflict. DMCA attempts to minimzie or eliminate man ethical, and even necessary activities. For example, security-related tasks that involve circumventing security systems, encryption research, or reverse engineering software would be illegal. Prior to the law's passing, 50 of the country's most prominent computer scientists and technology signed a letter to the U.S. congress warning that DMCA, as originally envisioned, would have some very threatening effects on security and information. Some changes to accomodate this problem were made to the DMCA to allow specified exceptions, such as encryption and security research. Industry, consumer, and civil rights groups continue to appraise the law, and many states are considering their own versions. In April 2003, a group called the Broadband and Internet Security Task Force produced an update to the law, sometimes referred to as "Super DMCA."…

Pages: 3  |  Term Paper  |  Style: n/a  |  Sources: 3

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