"Copyright / Trademark / Patent" Essays 1-70

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Internet's Affect on Copyright Term Paper

… 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 copying but does not stifle creativity.


Astor, Stephen M. "Merging Lanes on the Information SuperHighway: Why the Convergence of Television and the Internet May Revive Decency Standards." Sw.

U.L. Rev. 29 (2000): 327, 328.

Davis, A. "Invisible Trademarks on the Web Raise Novel Issue of Infringement." Wall

Street Journal 15 Sept. 1997.

Hamdani, Alamdar, S. "Technological Convergence -- "A Multiplicity of Sources."

Hous. L. Rev. 36 (1999): 321, 322.

Oxman, Jason. "The FCC and the Unregulation of the Internet." 584 PLI/Pat 231,

(1999): 238-39.

Spiliopoulos, Elaine M. "The Communications Decency Act of 1996." 7 DePaul-

LCA J. Art &… [read more]

Brief 7 Court Cases Term Paper

… 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.


Montana, Et Al., Petitioners V. Crow Tribe of Indians Et al


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 conveyed just as forcefully in a dozen different ways." Post at 431. Not only does this assertion sit uneasily next to the dissent's quite correct reminder that the flag occupies a unique position in our society -- which demonstrates that messages conveyed without use of the flag are not "just as forcefu[l]" as those conveyed with it -- but it also ignores the fact that, in Spence, supra, we "rejected summarily" this very claim. See 418 U.S. At 411, n. 4." Highlighted part will be rewritten.

Comments: To be added.

Texas v. Johnson remained in the litigation process 5 years.… [read more]

Regulations of Trips Its Domestic Implementation and the Impact Upon China Term Paper

… Regs of TRIPS, domestic implementation and impact upon China

The Regulations of TRIPS

Domestic Implementation and the Impact Upon China

The purpose of this work is to review relevant and available literature in relation to the Agreement on Trade Related… [read more]

Business Law Scenario: Dana Essay

… 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…… [read more]

Patents Ethics Term Paper

… 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.


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.… [read more]

Antitrust and Intellectual Property Term Paper

… 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… [read more]

Fair Use Element of Copyright Term Paper

… ¶ … 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… [read more]

Copyright and Public Interest in Archives Term Paper

… ¶ … 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… [read more]

Secondary Liability, Copyright Law Digital Reaction Paper

… 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).


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.


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…… [read more]

Copyright Law Essay

… 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… [read more]

Compulsory Licensing of Patents Term Paper

… 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… [read more]

Distinguish Between Net Present Value Essay

… ¶ … 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… [read more]

China's Intellectual Property Rights: Current Research Paper

… 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… [read more]

Computers in the Workplace Research Paper

… Computers & the Internet: Intellectual Property Rights

Copyright Law

Originality Requirement

Fixation Requirement

Subject Matter Requirement

Potential Issues with Derivative Works

Proving Copyright Infringement

Computers & the Internet: Intellectual Property Rights

In studying computers and the Internet, and the many… [read more]

Ethics Issues on Intellectual Property Term Paper

… The UDRP was started in November 1999 and has turned out to be quite popular. (Jim, 2001)

Another problem in the Internet is the use of hyperlinks. Electronic business thrives on advertising and there have been a number of cases involving hyperlinks and advertising. Hyperlinks are provided to enable the user to access a different web page. There are many cases where an individual uses a hyperlink, without permission, to link to another website. This can lead to many problems in e-business. For example the Microsoft Seattle website used a hyperlink which provided a user access to Ticket master Corporation's web page for purchasing tickets to certain events. Ticket master filed a complaint because the hyperlink that was provided by Microsoft's website allowed the user to directly enter into the purchasing page bypassing many WebPages of Ticket master's which contained paid advertising. Though this case was settled many other cases have sprouted up with regard to unauthorized linking. Such linking has been declared illegal in the United Kingdom. A similar problem is with the use of frame windows on the Internet. Frames allow a user to view the contents of another website in a second browser window that would pop up. The advertisements in the main page will remain as they are surrounding the border of the second smaller window. There have been cases with arguments stating that such frames lead to infringement because the user will be confused as to the sponsorship of the second frame contents. (Jim, 2001)

Search results on the Internet are dictated by the contents of the meta tags and there have been a few cases where someone would make use a trademark in their website's meta tag to deceive the public into believing that the web page is related to the trademark company. There have been court rulings against the use of trademarks in Meta tags. It is quite prominent that striking a balance between encouraging e-business and at the same time limiting the violations is very difficult. (Blodgett, 2000). The Government cannot take the sole responsibility for this. In general Europe has stricter privacy rules relating to the Internet than the United States. International treaties like those formed by the WIPO will only ensure that some of the most basic rights are provided to owners in the national law. Companies would have to be more vigilant and ensure that they take measures to protect their intellectual property and effectively manage it. It is very important that companies are careful in protecting their ideas and keeping them a secret. Companies will also have to ensure that their business partners are aware of their IP protection. If there happens to be an infringement even after taking these precautions, the company can file a lawsuit under the national laws of the country.


The Internet is a very useful technology for businesses to reach out to many customers. But in doing so, the company has to be very careful with its intellectual property and has to… [read more]

Cigarette Advertising Campaign Term Paper

… This is a complex document that is registered though the United States Patent Office, and in the document he will have to give detailed information regarding the product that is to be protected. The patent then protects his innovation from… [read more]

Global Trade Essay

… Globalization and Intellectual Property Rights

The issue of preserving intellectual property has long been a morass of legal and philosophical entanglements for both the originators and the consumers of media and information. In the current free trade context driving the… [read more]

Trademark Infringement Trademark and Patent Term Paper

… 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.


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.


Bennett, Simon. (2012) "The Height of Confusion: Christian Louboutin v YSL Trademark

Infringement" Fox Williams' Fashion Law Group.

Retrieved 14 November, 2012 from http://www.fashionlaw.co.uk/site/fashion_focus/height_of_confusion.html

Elliott, Hannah. (2012) "Both Sides Claim Victory in YSL v. Louboutin Shoe Case"

Retrieved 14 November, 2012 from http://www.forbes.com/sites/hannahelliott/2012/09/05/both-sides-claim-victory-in-ysl-v-louboutin-shoe-case/

Morton, Jill. (2011) "Trademarks over the rainbow: Can a brand own a color http:namedropping.wordpress.com/tag/tiffany-blue/

Schlegel, Kip; Weisburd, David. (1992) "White-Collar Crime Reconsidered"

WTO. (2002) "The Doha Declaration Explained" Retrieved 14 November, 2012 from http://www.wto.org/english/tratop_e/dda_e/dohaexplained_e.htm… [read more]

Intellectual Property in Cyberspace Research Paper

… 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, the author suggests that organizations need to implement totally encrypted music making only the intended users to have access to the music.

Easterbrook, (2000) in his article titled "Cyberspace vs. Property Law" argues that the prospect of intellectual property in the face of cyber technology in the 21st century bothers many people. Many drug developers are forced to offer their products at low prices because their discoveries are in public domain. The challenges facing intellectual property is that a poem, book and music could be used without necessarily being used up. The copyright law, law of contract and trademark law… [read more]

Patents and Trademarks for the Flavia Coffee Machine Thesis

… 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 4,748,030. The inventor is Ernesto Illy of Trieste, Italy. No owner of the patent is listed. The patent was filed on November 26, 1986 and was issued on May 31, 1988. The process begins with roasted beans being placed in an airtight container. The container is purged of CO2 and the beans are aged under a specific set of atmospheric conditions. The specific aging conditions set out include the number of days, the temperature, and the concentration of a couple of particular gases. The broadest claim includes a wide range for each of these variables. It could also include the… [read more]

Piracy, Counterfeiting, Patent Violation Dissertation

… "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… [read more]

Patents and Copyrights Essay

… 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…… [read more]

Trash Bag Patents the Designation "U.S Term Paper

… 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… [read more]

Copyright Law Thesis

… 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… [read more]

Business Law Utility Patents Term Paper

… 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…… [read more]

Step-By-Step Guide to Applying for a Patent Research Paper

… ¶ … 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. A provisional patent is useful to trademark the idea and to give the individual a period of one year to…… [read more]

Trademark Issue Case Study

… 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…… [read more]

What Is Right About Copyright? Essay

… ¶ … 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,… [read more]

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



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… [read more]

Press Release: International Copyright as a Social Thesis

… 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…… [read more]

Copyright Laws vs. Peer-To-Peer File Term Paper

… 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… [read more]

Trademark Infringement Law Corporate Documents

… ¶ … vital elements that must be present for one to prove a valid claim under the law specified for the Lanham Act is that the party claiming copyright infringement must have registered their trademark with the Patent and Trademark Office. Moreover, they must have done so prior to the registering of such a trademark on the part of the party that the former claims is infringing on its trademark. The temporal element of these claims is vital because those who register with the aforementioned office first receive prioritization, which is a critical fact and might influence any potential legal action on the part of Simply Green Products. Other applicable elements are that the defendant must be a U.S. citizen or a company with a strong presence in America. Moreover, its alleged infringement efforts must be manifested in the U.S. And allegedly damaging entities that are present in this country. Additionally, since the Lanham Act is a piece of U.S. legislation, there should also be a dearth of copyright infringement as pertains to international law in the case that is hoping to be applied to this act.

Another element that needs to be involved in a case for one to validly prove his or her claim via the Lanham Act pertains to the actual trademark in question. Individuals must demonstrate that the there is a point of confusion found in the similarities between their trademark and that which they are alleging is infringing upon it (Lanham Act, 1946). Such similarities must exist in any combination of words, letters, images, and so forth. Additionally, there is an aspect of advertising and promotion (McCarthy, 1996, p. 45) that needs to exist for the Lanham Act to apply to a court case. Such marketing efforts are largely implicit in point of fact that trademarks are used to brand products and are therefore advertised to customers as such. Still, a trademark similarity that is not actively advertised to customers would have a significantly less chance of successfully utilizing the Lanham Act as a means of trademark infringement than a case in which the infringing trademark was widely marketed.

After a careful consideration of the various elements that are required for one to prove a valid claim under the Lanham Act, it largely appears as though Simply Green Products usage of the term SafePack to market its products amounts to a violation of this act. Firstly, the Simply Green Products neglected to trademark this term at any level -- either the state or the federal. Furthermore, the company has been utilizing this term as a trademark since 2008. Safe Choices registered this term as its trademark with the Patent and Trademark Office in 2002, a number of years prior to Simply Green Products' utilization of it. Thus, the Simply Green Products cannot even register this term with that same office today, since the term has already been registered and is effectively taken.

Also, there is a definite point of confusion that exists between the varied… [read more]

Intellectual Property Term Paper

… Stallman (2008) notes that intellectual property is an ambiguous term that obfuscates the purpose of the individual laws. The body of copyright law is intended to protect artistic works, while patent law developed in order to protect the ideas of inventors. Trademark law is a different animal entirely from those two, which are similar in the sense that they protect different creative works. Trademark law is a business law that seeks to ensure that there is no confusion in the marketplace, by granting certain protections to brands, icons and slogans used in commerce.

The concept of intellectual property affects competition in the marketplace in several ways. First, it provides an avenue for firms to gain monopoly rents on an idea or a brand, something that is integral to the system of monopolistic competition that forms the foundation of our commercial economy (Stallman, 2008). This is especially true of patent law. Trademark law also has significant commercial implications because it defends against consumer confusion, by offering protections that specifically pertain to the key elements of branding why which a company differentiates itself from its competitors.

Copyrights are a little bit more interesting with respect to competition because they do represent monopoly rights. They can be bought and sold, as well, so that the proceeds are not even accruing to the creators of the work. A company gets less benefit out of copyrights compared with trademarks, but copyrights still have trade value.


The judge found that the second company did not violate the rights of the first company, because the material in question was not intellectual property (Masnick, 2008). Specifically, the judge found that the materials were not differentiated enough as to constitute copyright, patent or trademark. The materials were,…… [read more]

Economics: Patents in the Pharmaceutical Industry Term Paper

… d., p. 1). This goal essentially supports the rationale of generic drugs. Significantly, most consumers are in no position to distinguish between generic and legitimate drugs, particularly because new technology has not only lowered the cost, but also improved the quality of generic products, such that they are no longer a shoddy imitation of the branded product; but are a perfect representation, similar to the original product in both content and packaging (ITPC Factsheet, n.d). Then there also is the likelihood that a consumer would opt for the cheaper generic product, even if they were able to make the distinction.

Counterfeiting and piracy may be inevitable, especially with technology advancing as fast as it is, and the usage of the internet growing. Besides, piracy in the field of pharmaceuticals has been somehow beneficial, and is the reason why ARV therapy is affordable and accessible to a majority of the population today. In my opinion, the aggrieved pharmaceutical companies should keep manufacturing their branded products and use devices such as holograms, watermarks, and encryption methods such as DNA tagging to set their products apart from the generics. This way, the consumer will have the discretion to choose whether to consume the branded product, which is relatively expensive, or the cheaper, generic modes.

The market system appears to have failed in resource allocation in this Case; should the government intervene further?

Yes; the government ought to intervene further, only this time focusing more on increasing the knowledge of the consumer in the area of generic products, rather than on availing the drugs. On the same note, the government should put in place strict measures to ensure that generic manufacturers comply with the regulations, and do not imitate the encryption methods that distinguish the legitimate drugs from the generics (compulsory licensing). With the consumer more knowledgeable of the costs of consuming generic substances, and branded products clearly distinguishable from the generics; the market system will determine demand and supply, and will subsequently allocate resources.


Elliott, R. & Bonin, M. (2002). Patents International Trade Law and Access to Essential Medicines. University of Michigan Library. Retrieved 19 July 2014 from http://www.umich.edu/~spp638/Coursepack/ipr-msf.pdf

ITPC Factsheet. (n.d.). Treatment 2.0: The Facts for Community-Based Service Providers and AIDS Advocates. International Treatment Preparedness Coalition. Retrieved 19 July 2014 from http://www.itpcglobal.org/atomic-documents/11057/20005/4-Trade%20Fact%20Sheet.pdf… [read more]

Dmca Digital Millennium Copyright Act Term Paper

… 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 of the DMCA have been denoted on research. This is particularly in the aspect of cryptography. It is important to note that it is easy for a cryptanalytic to be alleged of a DMCA violation and be judged on legal consequences. For instance, Skylarov who was a Russian programmer was arrested due to his presentation at DEFCON. He was retained in custody for a month without…… [read more]

Dmca Digital Millennium Copyright Act Term Paper


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." This later version adds important concepts, such as "the intent to defraud," to the stipulations of the original law.

Felten (2013) has witness the DMCA erode many positive attributes of the internet and some people have suffered. He reported that "What was Congress thinking when it passed this part…… [read more]

Piracy Copyright Protection Research Paper

… 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… [read more]

Free Copyright Fair Use Appropriation and Piracy Essay

… 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… [read more]

Product Piracy Is a Huge Problem Term Paper

… 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 (Clark, 2003). This case history deals with company's Chinese branch where it operated factories in Dalian and Guangzhou as well as corporate offices in Beijing.

In 2001, Pfizer found that more than 88% of the Viagra bottles showcased on shelves, other than in hospitals, were pirated copies of their own invention. Aside from loss of profit to company, this poses other concerns notably concerns of consumer safety and health (World Health Organization, 8) since counterfeiters rarely go to the trouble and expense of making sure that their pharmaceutical imitation meet the requirements of policies such as the United States Food… [read more]

Happy Birthday Copyright Law Essay

… The fact that he is producing his own version of the song does not waive the original copy holder's right to profit from the text.


Technically, according to the law, 'Happy Birthday' cannot be sung unless the venue is confined to a social setting of family acquaintances. However, the law is rarely enforced, even when 'Happy Birthday' is used in a commercial venue such as at restaurants when customers are publically assaulted with being sung the tune (Happy Birthday, we'll sue, 2007, Snopes). This is a fairly unusual case and the profits garnered from singing are fairly small. Also, even if Bandleader had not sung 'Happy Birthday' he still sings enough songs on his playlist to draw in customers, so his profits were not solely the result of 'Happy Birthday.' Given that the harm done to the copyright holder is insignificant, a relatively small fee could be arranged to honor Singstealer's copyright and to allow Bandleader to continue to play.


Copyright infringement. (2012). Copyright.gov. Retrieved:


Happy Birthday, we'll sue. (2007). Snopes. Retrieved:

http://www.snopes.com/music/songs/birthday.asp… [read more]

Pharmaceutical Tangible and Intellectual Property Term Paper

… 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 neither products nor plans leave the facility unless warranted by certain circumstances…… [read more]

Patents Bayer Must Make Its Decision Essay

… 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 abused by competitors. This demonstration of good faith and an interest in the public good can only benefit the company in terms of goodwill, both with governments facing a perceived health crisis and among a fearful populace. The second objective would be to build shareholder value. Shareholders lose in the short-term because Bayer loses its pricing power on Cipro and because the potential sales volumes are reduced. However, the shareholders benefit in the long-run from the goodwill that the gesture generates. The shareholders were never expecting a massive run on Cipro, so they are not sacrificing expected profits. The lesson… [read more]

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

… 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…… [read more]

Copyrighted Material Under U.S. Code Title 17 Term Paper

… 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… [read more]

Copyright Computer Software Piracy Term Paper

… 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.


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.


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…… [read more]

Digital Millennium Copyright Act Term Paper

… (Rules for Sellers: Overview)

The 'Tax Policy' makes sure that a seller would follow all the rules and regulations that are in existence about using eBay and its services, and also act according to the listings that have been elaborated… [read more]

Intellectual Property Law Term Paper

… One of the most familiar areas of patented material going off-patent is when prescription drug medication goes off-patent and generic versions of the drug can be manufactured by different companies. The prescription drug example gives a good explanation of the… [read more]

Sports Law: Octagon Football Research Paper

… 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… [read more]

Business Law the Paris Convention Term Paper

… TRIPS was established at the winding of the General Agreement on Tariffs and Trade (GATT) in 1994. TRIPS has three basic tenets that it perpetrates; it determines the minimum standards of protection to be provided by each Member, charts out the domestic remedies as well as procedures for the enforcement of intellectual property rights, and specifies dispute resolution process among WTO Members.

It is also important to note that TRIPS covers copyright and other related rights for instance the rights of producers of sound recordings, geographical indications including appellations of origin, performers and broadcasting organizations. Also covers the trademarks including service marks, patents including the protection of new varieties of plants, industrial designs, the layout-designs of integrated circuits and undisclosed information (World Trade Organization, 2013).

Madrid protocol: this a treaty that provides a cost-effective and efficient way for trademark holders (individuals and businesses) to ensure protection for their marks, in multiple countries through the filing of one application directly with their own national or regional trade mark office, in one language, with one set of fees and in one currency (The United States Patent and Trademark Office, 2013).


World International Property Organization, (2013). Paris Convention

for the Protection of Industrial Property. Retrieved September 3, 2013 from http://www.wipo.int/treaties/en/ip/paris/trtdocs_wo020.html

The United States Patent and Trademark Office, (2013). Madrid Protocol. Retrieved September 3, 2013 from http://www.uspto.gov/trademarks/law/madrid/index.jsp

Cornel University Law School, (2013). Berne Convention for the Protection of Literary and Artistic Works (Paris Text 1971). Retrieved September 3, 2013 from http://www.law.cornell.edu/treaties/berne/5.html

World Trade Organization, (2013). Trade-Related Aspects of Intellectual Property Rights. Retrieved September 3, 2013 from http://www.wto.org/english/docs_e/legal_e/27-trips_01_e.htm… [read more]

Protection of Intellectual Property Research Paper

… These security measures include the inclusion of digital certificates in the software, which must be verified as genuine by the user before installation or use. There is also the use of unique codes and keys that are only present in the supply of the software. This code is present in the physical packaging thus; it is unique for each software. This makes use of the software to be limited to only one user. There is use of encryption and codes language that only the owner of the software can modify. This makes the theft of the programming language or code to make other similar software impossible.

The business shall also provide open access software and trial versions to be used by the general public, and ensure that they get to use the software and be encouraged to purchase the original software to enjoy the full capabilities. To fight off foreign entities the business shall outsource the design of the software to other software manufacturers at a cost; hence work collaboratively with them to discourage theft (NW3C, 2010).

Question 4.

In light of increased intellectual property theft, the United States department of justice has prosecuted a number of cases related to the same. On April 3, 2012, Jeffery J. Reichert was convicted of manufacturing modification chips to be sold for financial gain to the public. These chips are designed to circumvent the technological measures programmed to restrict access to copyrighted software. The software affected in this case was the video game software such as Nintendo wii, in which the person could skip the security measures and use a pirated or unregistered version of the software.

The impact of this theft means that users could buy just one copy of the software and distribute it to others to use as the original version. This would have brought about massive revenue losses to the Software Company, and cause a cease in operations. For the company to protect itself from future losses, they need to use more encrypted codes in the software, to protect it from future attacks of the same magnitude. They also need to restrict access to their servers and instead of using networks; they should store their work remotely to restrict access.

According to the current laws in effect, the punishment for intellectual property theft is too lenient. This is because the amount of loss of revenue and theft cannot be justified by a prison sentence of a couple of months while the company has lost millions of dollars. The loss of an intellectual proprietary is not only financially bad but also affects the psychological and future innovative ideas by the owner. This means that one would feel dejected and, as a result, be reluctant to create more innovative ideas for fear of theft (Qiu & Yu, 2010).

The fight against intellectual property theft needs to be stepped up by all government agencies in the United States. The government in that effect has launched a new strategy to fight this menace,… [read more]

Business Law Midterm One the Fourth Term Paper

… Business Law Midterm

One the Fourth of July, Pat and Mary were drinking beer with their friends Doug at Pat and Mary's house. They were shooting off Roman candles. Mary lit a Roman candle, but it failed to ignite. Doug said, "Let me see that," took it from her, and looked down into the firework. The firework exploded in Doug's face, causing 2nd degree burns and scratching his eye. Because they had all been drinking, Pat and Mary did not drive to the hospital, but called the ambulance to get Doug. The ambulance was delayed because of the holiday, and Doug's eye injury resulted in permanent blindness because of the delay in treatment. There is no liability for negligence. While Pat and Mary, as hosts, had a duty to protect Doug from known risks, they did not expose him to a known risk. Doug took the firework from Mary and looked into it; she did not point it at him. Moreover, while the firework was the proximate cause of an actual injury, there is no evidence that they failed to exercise reasonable care. The delay in treatment was caused by Pat and Mary not driving straight to the hospital, but this delay demonstrated them exercising reasonable care because they were too intoxicated to drive.

2. Roberta could use a combination of trademark (register for a trademark with the U.S. Patent and Trademark Office), copyright (register with the U.S. Copyright Office), and patent protection to protect her game. Trademarks will protect the name of her game, copyright will protect the expression of her game, and a patent, which is more difficult to obtain, protects the idea behind her game. Roberta's best bet is to hire an attorney that handles intellectual property and have the attorney handle the patent application, even if Roberta is able to handle the trademark and copyright on her own, because a patent has to demonstrate a uniqueness and innovation that does not have to exist for the other two.

3. No, Leroy is not guilty of Larceny. He did commit the actus reus by taking the personal property of another. However,…… [read more]

Piracy and Copyright Infringement Essay

… The University of Washington offers students guidance regarding the illegality of downloading music and movies without permission. After reviewing how easily available music and movies are through file sharing software technologies, the University points out that the user may be downloading material that is "…protected by copyright laws" and that means the user could become "mired in legal issues" (UofW). Moreover, the user may download a virus on the file-sharing software and may even "facilitate a security breach" -- which can have serious ramifications.

The other issue regarding use of file sharing is that "you may unknowingly allow others to copy private files you never intended to share," the university explains. Are students that download copyrighted material currently being prosecuted? The University of Washington reports that the Recording Industry Association of America (RIAA) is presently sending letters to colleges and universities "pointing to specific alleged instances of illegal file sharing," the university explains. The letter is titled "Pre-Settlement" and the RIAA requests that the university forward the letter to the student that the RIAA identifies as "being associated with the activity."

The Pre-Settlement letter gives the alleged offender "a specified number of days" to settle up with the RIAA by going to a website and paying between $3,000 and $5,000, but "sometimes considerably more," the University of Washington explains.


Not only is downloading copyrighted movies and music illegal in most cases, it can become expensive. But any student that knowingly downloads music and movies that are copyrighted is opening the door for the financial punishment that may well be in their future.

Works Cited

Illinois State University. (2011). Downloading and sharing copyrighted music, movies, and software. HelpDesk. Retrieved May 24, 2011, from http://helpdesk.illinoisstate.edu/kb/index.phtml?kbid=1159.

University of Washington. (2010). Peer-to-Peer File-Sharing and Copyright Infringement: Are

You Vulnerable? Retrieved May 24, 2011, from http://www.washington.edu/students/gencat/policy/p2pshare.html.

U.S. Copyright Office. (2011). Copyright Laws. Retrieved May 25, 2011, from http://www.copyright.gov/help/faq/faq-definitions.html#infringement.… [read more]

Finance Intellectual Property Research Paper

… Finance

Intellectual property has become an increasingly important source of value for corporations. Traditionally, companies were valued for their fixed assets and their potential growth. Yet there is a growing body of evidence that the true value in many companies -- especially in high tech industries -- comes from the intellectual property they possess. Rivette and Klein (2000) note that executives became increasingly focused on the value of the intellectual property they possessed in the late 1990s. Value derives from patents, trademarks, copyrights and brands. That IP is a primary source of value in many firms is confirmed in the Hewlett-Packard purchase of Palm, which was done primarily to secure Palm's patents (Bettiol, 2010). Palm has a manufacturing business and millions in fixed assets, but these were irrelevant to HP. The purchase was akin to buying a run-down house simply for the value of the land -- IP is now the base upon which all businesses are built and even when the business is a shambles the IP still has value that can be extracted.

In traditional manufacturing operations, it was manufacturing equipment and processes that helped a firm turn raw materials into finished goods. Without the means of production, the firm had no value. The shift to an information economy is not simply symbolic -- manufacturing capacity has largely been moved overseas. This implies that manufacturing is an activity that may once have provided firms with competitive advantage, but that no longer applies. Reduced trade barriers and globally-standardized production methods mean that sustainable competitive advantage seldom derives from fixed assets. Sustainable competitive advantage can only derive from that which cannot be easily replicated. As most forms of intellectual property receive some form of legal protection, they cannot be easily replicated. Thus, firms seeking a source of sustainable competitive advantage can really only focus on IP.

The price of something only reflects its value on the open market. Intellectual property always had value -- it is hard to argue that the McDonald's brand is any more well-known or powerful today than it…… [read more]

Rally Round the Trade Name Essay

… Explain how important the fact is that Herman started to use the name Rally first in that particular geographical area.

The issue of trademark infringement between Herman and Gabby would likely fall under state law as neither company appears to be a national organization conducting business across state lines; therefore, any request for injunction would happen at the state level. If Gabby had opened up an auto dealership and named it Rally's Auto and Rally's Motor had a viable trademark infringement case against her, the fact that he had used the name first in that particular geographical area would be very relevant. A trademark does not require legal documentation or filings to be valid. Usage demonstrated through printed advertisements, product packaging, signage, etc. can be used to show a history of ownership. If the two product offerings were similar Herman's prior use of the name Rally would entitle him to priority over the name.

Explain what rights you have in your trade name.

Your rights to your trade name extend only to the area in which you conduct business. Unless you conduct business across state borders or sell your products on the Internet, you cannot file for trademark protection with the USPTO. If you are qualified to file your trademark with the USPTO, the name must be graphically documented, and the name must include more than just a product service or description. The word(s) must also be sufficiently unique, generic terms cannot be trademarked. A registered trademark includes specification as to the type of goods or services with which the name is associated. The owner's rights do not extend beyond the product or service categories defined by the registration (United States Patent and Trademark Office, 2010).

Explain what remedies you have if someone else infringes upon your trade name.

If your trade name has legitimately been violated, you must be able to prove that the offending company has diluted or tarnished your name, causing you monetary harm. An injunction requiring the company to cease and desist from using the trade name is the most likely award, which would require the company to eliminate all products and materials that use the trademark or trade name. In the future, if a national company seeks to use the same trade name, if you can document your prior ownership, you would have the right to protect your intellectual property and maintain your usage within the geographic region where you operate.


Moseley, dba Victor's Little Secret v. V Secret Catalogue, Inc. (2003). 537 U.S. 418, 633. Retrieved from http://www.law.cornell.edu/supct/html/01-1015.ZS.html

GovTrack. (2006). H.R. 683: Trademark Dilution Revision Act of 2006. Retrieved from http://www.govtrack.us/congress/bill.xpd?bill=h109-683

Stossel, J. & Goldberg, A.B. (2005). Starbucks vs. Sambucks Coffee. Retrieved from http://abcnews.go.com/2020/GiveMeABreak/story?id=1390867

United States Patent and Trademark Office. (2010). Basic facts about trademarks. Retrieved from http://www.uspto.gov/trademarks/basics/index.jsp

United States Patent and Trademark Office. (n.d.). Service marks, collective marks, and certification marks. Chapter 1301.02(b). Retrieved from http://tess2.uspto.gov/tmdb/tmep/1300.htm#_T130102b… [read more]

German USA Counterfeit Case Research Paper

… Counterfeit Case

Contractual Relations between Satel & Elcom

The contractual agreement into which Elcom and Satel entered is well documented via the emails exchanged. It is also the body of these emails which will serve as the legally binding contract.… [read more]

Intellectual Property Report Term Paper

… Intellectual Property Report

In an age when the dynamism of global economy has often shifted the balance towards services rather than products, the issue of intellectual property, both recognizing and defending certain inalienable rights that result from the creativity of one's mind has become essential, which explains the development of intellectual property rights legislation aimed in that sense.

The term really began to be used in the United States after the creation of the World Intellectual Property Organization, under the UN, in 1967, and became a more encompassing legislative reality with the passage of the Bayh-Doyle Act in 1980

, which regulated inventions and other creative products that were a direct result of governmental funding, including U.S. universities or non-profits. The 1976 Copyright Act was also fundamental in the development of protection laws in the U.S. For intellectual property, including because it assimilated many of the international norms in this area and allowed for the U.S. To better integrate in the international framework for this topic.

Since the current business environment is no longer local or regional, but rather international and global, international frameworks of intellectual property rights protection have become more and more necessary. However, this is often quite difficult, as it means that the individual rights need to be protected and enforced in a multinational framework, quite often in different states. The treaties between states are thus the first important element in ensuring the appropriate regime for the protection of intellectual property rights at an international level

The initial and treaty in the international protection of intellectual property is the Berne Convention for the Protection of Literary and Artistic Works, revised several times since its initial creation in 1886. The Berne Convention has several important elements that are key to intellectual property protection today. First of all, it provides the common denominator when it comes to national frameworks for protection, because it clearly stipulates that all the member countries part of the convention have to award the same protection rights to citizens of other member states as they would to their own citizens.

Second, the Convention significantly removes some of the administrative and bureaucratic barriers that become a problem when dealing with intellectual property across borders. It is often quite a challenge to deal with such barriers even in a national environment, but once the issue is international, the bureaucratic barriers tend to become extremely cumbersome. Additionally, the Convention facilitates several important registration issues that arise between countries.

The World Intellectual Property Organization (WIPO) has also put together and approved by the members the WIPO Copyright Treaty. The objectives of the treaty were focused both on obtaining a common denominator for national legislation on the issue of copyright and, at the same time,…… [read more]

Inherently Unequal Trips Essay

… An Overview of the Inherently Unequal TRIPS Agreement
In consideration of the TRIPS agreement and its implications to the
global community, it is important to evaluate the relevance of its
establishment as a function of the World Trade Organization (WTO).… [read more]

Commercialization of Living Things Term Paper

… ¶ … patenting living things, and what the limitations are on this patenting process. There are numerous ethical issues surrounding the patenting of living things, and the morality of this practice comes into question. In short, the answer is yes, living things can be patented, but there are certain limitations on the patenting process. The ethics of this practice remain in question, however.

The commercialization of living things actually is not a new phenomenon. In fact, Louis Pasteur received a patent in 1873 for a new type of yeast that did not support disease or organic germs, and in the 1930, Congress passed a law that allowed patenting of "newly invented plants that are asexually reproduced" (Editors). Therefore, living things have been patentable for many decades, but they must be "new" and different, not the same plant or animal that already exists. For example, a mouse cannot be patented, unless it is a new strain of mouse, such as the "Harvard mouse" which was genetically engineered in the lab specifically to study some types of cancer (Editors).

In fact, the "Harvard mouse" was the first patent issued for an animal in Patent office history. Another writer notes, "In April of 1988, the United States Patent and Trademarks Office issued the first patent on a living animal in the history of the world's patent systems. Awarded to Harvard University, the patent covers a laboratory mouse that one of its scientists had genetically engineered to be supersusceptible to cancer" (Kevles). Many people adamantly oppose this type of patenting, feeling it goes against everything that is ethical and moral. Author Kevles continues, "The World Council of Churches attacked animal patenting, declaring that it 'removes the distinction between life and nonlife' and admonishing that 'the gift of life from God... should not be regarded as if it were a chemical product'" (Kevles). This is the very heart of the argument against patenting living things - it is a moral and ethical debate that frightens many people, because it literally gives God-like powers to scientists, and many worry about the continued moral and ethical judgment of these scientists.

There is another problem with the Patent law itself, and that is because it is based on archaic language and meaning. Author Kevles notes, "What is patentable according to statute dates back to the patent law of 1793, which declared, in language written by Thomas Jefferson, that patents could be obtained for 'any new and useful art, machine, manufacture, or composition of matter, or any new or useful improvement thereof'" (Kevles). However, in 1889, the Patent office turned down a patent for a material created from material in pine needles, saying that items found in the natural world could not be patented. However, in the mid-1970s, biotechnology firms were beginning to emerge, and they began applying for patents on some of their technologies. In 1980, the Supreme Court ruled that items that were created in the lab, even if they were living, were not "products of nature,"… [read more]

Real and Personal Property Intangible and Tangible Term Paper

… 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…… [read more]

Business of Law Term Paper

… AT&T Files Patent Lawsuit Against Vonage

Vonage Holding Corp. suffered another blow since at&T Inc. filed suit, which claimed they were violating a single patent that lets users access an internet phone device. Vonage has lost two high-profile patent lawsuits. All the major phone companies have patents they claim cover aspects of voice-over-internet-phone technology.

From there, at&T has been trying to arrange a settlement with Vonage for the past two years but was unable to negotiate a "reasonable licensing arrangement, which forced to file a lawsuit.

Vonage had hoped to keep negotiating since it is their preference to settle disputes through negotiation rather than litigation. Vonage's primary focus was to improve the quality of service to customers and maximize value for shareholders.

In legal terms, 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, which has violated its agreement with at&T. The company is also in violation because they have not been cooperative in arranging a settlement for the past two years, which is a "reasonable licensing arrangement" even though they claimed the company had hoped to keep negotiating. Furthermore, this is a patent infringement dispute, which the court found Vonage infringed on at&T patents. If it does not go in their favor the court could order an injunction that could have prevented Vonage from signing up new customers. In the past, Vonage won an injunction staying the order and is appealing the original infringement ruling. Vonage in August said it was close to rolling out workarounds for two of the three patents other companies have claimed (at&T sues Vonage for patent infringement).

In my opinion, Internet phone company Vonage Holding Corp. is guilty of disclosing that a third major telecom company had filed a patent-infringement lawsuit against it. Vonage is violating a single patent that lets users access an internet phone device. With the following statement, this company has been in…… [read more]

Why Businesses Need Intellectual Property Law Term Paper

… ¶ … right to use the name with reference to any business activity, and registration of the product with any particular label does not provide any legitimate and permanent right and authority of ownership. It is mainly the intellectual property… [read more]

Intellectual Property Rights Term Paper

… Intellectual Property Rights

Several countries while ratifying the agreement with regard to establishment of the World Trade Organization -- WTO also ratified the inherent Agreement on Trade Related Aspects of Intellectual Property Rights. As is evident the intellectual property rights… [read more]

New Copyright Laws for School Use on Software Programs Term Paper

… Software Copyright - Digital Millennium Copyright Act (DMCA)

In 1998, President Bill Clinton signed into law the "Digital Millennium Copyright Act." Sometimes called DMCA, it is also known as PL105-304. This was a significant addition and support for copyright law for several reasons. It clarified some complicated issues for users and offered international protection for owners of software copyrights.

Part of DMCA included a requirement that the law be re-authorized every three years. This requirement reflects the fact that technology is changing at a rapid place. Owners of copyrights for software will need new protections to protect them from new challenges, and software users will benefit from having important issues clarified. For example, the 1998 authorization explicitly states that people may make backup copies of software to facilitate computer maintenance (MSCU).

The most recent re-authorization of DMCA is called "TEACH," for "Technology, Education, and Copyright Harmonization." This re-authorization addressed specific new issues, including transmissions of performances, which relates to distance online learning, and the use of copyrighted information in educational displays (NCSU).

One example from DMCA illustrates the need for a law constructed to respond to the rapid nature of technological changes. Previous copyright laws did not address the issue of people who devise ways to circumvent protections software manufacturers might put on their software to prevent copying. DMCA specifically prohibits bypassing such programming to make unauthorized copies of digital material, including software.

Pirating," or obtaining licensed software without paying for it, has been a major concern for software manufacturers. The provisions in DMCA were followed by the "Digital Theft Deterrence and Copyright Damages Improvement Act of 1999," HR 3456 (ARL). This law increased fines for pirating software.

TEACH, which was passed in November of 2002, contains recommendations made by the United States Copyright Office, and specifically addresses complications regarding fair use stemming from the growth of distance learning, or taking classes over the Internet without physically attending the university doing the instruction.

While it would be easy to see these laws as putting restrictions on software users, some experts feel that TEACH broadens their choices for online education. However, it does also clarify use limitations. In the long run, most educational institutions want to work within the bounds of the law. The clearer the law is, the more certain they can be that their usage is within legal use. One requirement in TEACH clarifies the need to use copyright notices. Under TEACH, schools must credit not only contributors to information but the software as well. So, for instance, if an online history course uses information compiled from a variety of books and other publications, they must cite those sources. But in addition, they must cite the program used to present the information. If they use PowerPoint, they must acknowledge the use of that program (ARL).

These requirements are in addition to laws and regulations previously on place. The laws are intended to give software publishers the same protections text publishers have. Just as it is illegal to photocopy textbooks… [read more]

Dmca the Digital Millennium Copyright Term Paper

… Many of the country's most prominent computer scientists and technologists tried to prevent the passage of the DMCA by signing a letter to the United States Congress warning that the DMCA would "imperil computer systems and networks throughout the United States, criminalize many current university courses . . . And severely disrupt a growing American industry in information security technology."

Specifically, critics charge that the act makes it illegal to circumvent protection schemes, even if the end-use purpose is legal. This means that a company could violate the DMCA provisions by performing full system backups with images that include anti-piracy-protected software. Others are concerned with the ramifications of making it illegal to traffic in tools that can circumvent protections. As a result, some developers of some security products have pulled their products from the market. One example is a company called LaBrea that sold a tool to trap worms by disguising its destination Web address. LaBrea decided to remove the application for fear that he would be charged with a crime. The DMCA has also been used by some companies to attempt to establish a monopoly. Lexmark, for example, charged makers of third-party ink cartridges with violating the DMCA when they made their cartridges compatible with a chip that Lexmark uses, arguing that the ink-cartridge makers broke copy protection to achieve compatibility.

Because of the DMCA's deficiencies, changes are in order. The Digital Media Consumers' Rights Act (DMCRA) of 2003 was introduced to amend the DMCA. The bill would make it legal to circumvent protections for the purpose of exercising fair-use rights. In other words, an organization would be able to legally back up, transfer and time-shift digital content for their own legitimate use. The DMCRA would also make it legal to produce products that could be used to circumvent protections but whose stated and main purpose was legal.

In summary, the DMCA is an attempt to regulate a new form of intellectual property, digital material. The intent was good, but in dealing with this new area is has had unanticipated negative results on innovation and the rights of the users of the digital material. Therefore, legislation such as the DMCRA is needed to help companies do their job, to protect the rights to use products they have purchased and to encourage competition.


'Digital Millennium Copyright Act." TechTarget. 27 Oct. 2004. .

Rapoza, Jim. "Fair (Use) Is Fair." eWeek 24 May 2004. 27 Oct. 2004. .

"Reverse Engineering." Chilling Effects. 27 Oct. 2004. .

"The Digital Millennium Copyright Act." The UCLA Online Institute for Cyberspace Law and Policy. 27 Oct. 2004. .

"Digital Millennium Copyright Act." TechTarget. 27 Oct. 2004. .

"The Digital Millennium Copyright Act." The UCLA Online Institute for Cyberspace Law and Policy. 27 Oct. 2004. .

"Reverse Engineering." Chilling Effects. 27 Oct. 2004. .

"Reverse Engineering." Chilling Effects. 27 Oct. 2004. .

"Digital Millennium Copyright Act." TechTarget. 27 Oct. 2004. .

Rapoza, Jim. "Fair (Use) Is Fair." eWeek 24 May 2004. 27 Oct. 2004. .

Rapoza,… [read more]

Intellectual Property Law Term Paper

… Furthermore the creators of the content in the information industry, including music creators, have been overshadowed by the "bigger" entities, such as producers, broadcasters and institutional users. Indeed, it has been seen above that the greater copyright and earning issues… [read more]

Chinese Piracy of U.S. Products Term Paper

… New America Foundation. 09 Nov. 2003. http://www.newamerica.net/index.cfm?pg=article&pubID=236.

Godfrey, Mark. "Pop Piracy in China." Oct. 2003. Cluas.com. 09 Nov. 2003. http://www.cluas.com/music/features/piracy_china.htm.

Matrix' Studio Zaps China Piracy." 27 Oct. 2003. CNN.com. 09 Nov. 2003. http://edition.cnn.com/2003/SHOWBIZ/Movies/10/27/china.matrix.reut/.

Issues on Patent and Copyright Laws in China." Santa Clara University School of Engineering. 09 Nov 2003. http://cseserv.engr.scu.edu/StudentWebPages/wchu/wchu_MidtermPaper.htm.

News Schmooze: China Gives Up Software Piracy. 07 Dec. 2001. ZDNet UK News. 09 Nov. 2003. http://news.zdnet.co.uk/software/0,39020381,2100572,00.htm.

Nintendo Unveils Piracy-Proof China Console." 30 Sept. 2003. ZDNet Australia. http://www.zdnet.com.au/newstech/security/story/0,2000048600,20279126,00.htm.

Testimony of Eric H. Smith President International Intellectual Property Alliance Before the U.S. China Economic and Security Review Commission." 28 Jan. 2002. U.S.-China Economic and Security Review Commission. 09 Nov. 2003. http://www.uscc.gov/tessmi.htm.… [read more]

Copyright Infringement and the Digital Term Paper

… The case against Dmitri Sklyarov is a good example of this kind of infringement even though many feel that the Russian programmer's activities couldn't be categorized as copyright violation. We shall discuss this case later in the paper but for… [read more]

Patent Rights With Seeds/Plants Essay

… Monsanto vs. Bowman & Intellectual Property

Monsanto has taken some major heat in recent months and years due to the extremely rigid enforcement of their patents and/or the planting agreements that they impose on the people that they sell their… [read more]

What Are the Copyright Laws That Pertain to Online Course Ownership? Research Paper

… Education

Copyright Issues in Higher Education -- Ownership of Online Courses

Along with the skyrocketing popularity of online education (also known as "distance education") the issue of ownership of online courses has become controversial and contentious. Who really owns a course that a professor or instructor has created for an online university? What are the copyright implications of authorship vis-a-vis the courses created for online education students?

The letter to President Dwyer and Dean Kaukonen presents a conundrum for Monson College, because Dr. Rose C. Rucker believes she has proprietary property rights over online courses she created / authored, Anatomy Hybrid SP 09 and Physiology Hybrid SUM09. The attorney representing Rucker contends that Rucker had actually created "the basis" for the courses prior to being hired, and that Rucker had never used any college software or computer technologies in the preparation of these two courses.

The best advice President Dwyer and Dean Kaukonen can receive is this: a) don't use Dr. Rucker's online courses and avoid the contentiousness of that issue; and b) research the decisions made by 110 higher education institutions as to who owns online courses; about 70% of those colleges and universities have existing policies and "more than a third of [them] claim complete control over courses…and 41% allow for joint ownership" (Butrymowicz, 2014).

Question 1 -- What are the Legal Implications of Online Course Creation?

The American Association of University Professors (AAUP) has advocated that faculty members "should remain the owner of materials prepared for academic instruction," but universities and colleges have widely varied policies in that regard (Smith, 2005). Certainly faculty members that author online courses should have some level of copyright protection, but that should be balanced against the costs to universities in putting on distance learning courses for students (Smith, 156). Smith further contends that the traditional situation when a professor leaves an institution -- he or she takes "class content" -- but with the advent of online education, if a faculty member develops the course, the product "retains the 'air' of the developing faculty" (Smith, 157). Moreover, Smith asserts that "Online course materials enjoy more indisputable copyright protection because they are readily fixed in a tangible medium" (157).

The Association of American Universities (AAU) has put forth the following policy statements regarding copyright ownership is in question for textbooks, journal articles, and "other scholarly works regardless of medium" (Loggie, et al., 2007): a) if the university provides financial support for the intellectual property it should "own" the property; b) financial "returns" should be shared among scholars and departments; c) money should be "reinvested in new initiatives"; d) protection of the university's reputation should be kept in mind; e) a formal written policy should be forthcoming vis-a-vis handling of intellectual property; and f) faculty members authoring course material should receive "entire returns" until revenue reaches "a stated threshold" (Loggie, 111).

Question 2 -- How Does Copyright Law Work?

Article 1, § 8 of the United States Constitution gives Congress: The power to "…promote… [read more]

Situations in Which a Company Essay

… Especially since their mission statement includes provisions for the common good and helping people. Therefore their threats violated basic human decency in a time of crisis.

• And was the United States and Canada unethical in using their governmental actions in ignoring patent law to gain a negotiating edge in getting the price of Cipro lowered during the crisis?

No, I do not believe that the U.S. And Canada acted unethically in this time of crisis. Their role is to serve the public's good, not to protect company profits; especially in a time of crisis. Therefore, it would have been unethical not to intervene in the market to potential save lives of their citizens.

• Would an International Code of Ethics have assisted in this scenario?

Yes, an international code of ethics and law could have provided guidance under this situation. Given that such threats maybe more common in the future, an international protocol possibly administered in the United Nations could help in resolving disputes in international property rights and ethical decision making regarding intellectual property.… [read more]

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