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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 can conveniently be divided into two main fields-copyrights or rights related to copyright and industrial policy. The intellectual property rights have been guaranteed by law and the legal issues involving intellectual property rights have two dimensions. Firstly it relates to provide exclusive rights only in the sphere of copying / reproduction of the item or act safeguarded and secondly, which provide a right to deter others from doing something. The safeguard of intellectual property is considered as a crucial factor for economic growth and advancement…. [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 personal obligations. The latter always takes preference over the former so much so that history has shown the Chinese abandoning personal interests for the fulfilment social and political of ones. This is hence where IPR comes in as one of the important phenomena[footnoteRef:5]. [5: Ibid However, China's progress in the IPR arena is not complete. China faces a number of issues regarding enforcement of the IPR laws it has enacted, and balancing those enforcement issues with economic growth and development presents many unique challenges. China…. [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 according to Sheila Anthony, the Commissioner of the Federal Trade Commission (FTC) President Bush, but becomes a problem "when a pooling arrangement harms competition among entities that are actual or potential competitors." The main focus of any of these violations is whether it is considered pro-competitive or anticompetitive behavior. The primary distinction here is that procompetitive actions are supposed to spur the competition and anticompetitive are not, they act as a negative influence. In general, the Department of Justice "weighs the likely procompetitive benefits against…. [read more]


Online Learning and Intellectual Property in Higher Education Research Paper

… Intellectual Property and Online Learning in Higher Education

The account hereafter discusses the complex issues relating to intellectual property in the context of higher education with a focus on the new implications created by the proliferation of online learning strategies. After a concise discussion on statutes relating to intellectual property law, the account proceeds into an assessment of some of the policies in place regarding intellectual property at the University of Cincinnati, Brigham Young University and University of Louisville. This section reveals the variant of interests concerning both scholastic pursuit and profitability for universities. This also underlines the debates delineated in the following sections, which relate to the political and philosophical disputes around which the online use of intellectual property is defined. Namely, this discussion…. [read more]


Input/Output Devices Essay

… In fact, the ability of companies engaged in the production of digital content that requires research and development efforts would be unduly compromised -- if not completely destroyed -- if inadequate digital rights management practices are not put in place and maintained as the industries change.

Technology Tomorrow

I am confident that computers are going to continue to decrease in size, as the progress that we have seen in this area has been extraordinary -- and beyond anything that we could have imaged at some earlier time. It makes perfect sense that computers will be embedded in our clothing and perhaps even in our bodies. Our pets already are implanted with computer chips that can serve as a reference as to the pets owner and…. [read more]


Education Intellectual Property Thesis

… Education

Intellectual Property

Almost every operational aspect of a telecommunications-based educational network creates important intellectual property issues. Many organizations do not consider copyright issues until forced to do so by litigious copyright owners; controversies frequently arise upon discovery of a lucrative aftermarket for copyrighted works. Institutions that are involved in the telecommunications distribution of educational or instructional programming will be better off by anticipating and planning for such issues rather than dealing with them on the backend (Salomon, n.d.).

Copyright law provides a general framework in which to determine the ownership of various intellectual property rights. Even though the law regarding general interest programming is relatively established, complex questions concerning copyright ownership arise when tele-courses integrate live lectures and preexisting materials. The right of ownership…. [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 relate to huge industries such as AOL, rather than songwriters and musicians themselves. Not much is done within even the newest legislation to protect the rights of authors or performers.

Indeed, the "all rights" contract standard increasingly appears in contracts signed by artists, with the Directive turning the other way by means of article 9 and recital 30, with the premise that the law of contract remains unaffected by the Directive. The Directive similarly washes its hands of the contract and copyright exemption interface, where…. [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 rights, which include trademark law and the law of passing off which has prevented the practices in which previously registered names in businesses. Once the registered owner of any particular name or trademark has information of the duplicity and illegal reference and promotion of their respective brand, without authorized consent, then the owner has two different options, either the authority can rename their signature, or initiate a legal proceedings towards the 'infringement of the trade mark' (Inigo, 2003), and can suit the respondent, and seek…. [read more]


Intellectual Property No, I Do Not Believe Term Paper

… Intellectual Property

No, I do not believe that the anti-circumvention provision should be repealed.

The reasons for it are that the anti-circumvention provision was enacted since copyrighted intellectual rights in digital form became vulnerable to unauthorized copying and distribution (Berners-Lee and Hendler, 2001). Therefore, the provision seeks that as technology advances, copyright owners will have freedom to adapt their circumvention protection measures accordingly. Although the anti-circumvention provision is general in nature (Usher, 2001), it may still be necessary for preventing the unauthorized use of the intellectual property and its importance becomes even greater for the future as technology is advancing a faster rate than anticipation. The copyright laws are likely to become outdated in this situation (McKenna, 2002).

Because descrambling a scrambled work and decrypting…. [read more]


Right to Carry Handguns Essay

… Currently, 49 states have established legislations that enable them to either issue carry permits or authorize law-abiding citizens to carry firearms outside their home for protection ("National Right to Carry" par, 3). Moreover, 41 out of these states have fair shall issue permit systems that provide any law abiding citizens to obtain a license of permit in order to carry guns for self-protection.

This claim has been used to support the claims on the basis that the presence of a constitutional provision or right would negate the establishment of such rules. Therefore, the fact that states have enacted carry permit legislations implies that law abiding citizens don't have the constitutional right to carry guns for self-protection.

Emergence of Interstate Reciprocity Concept:

Following the enactment of…. [read more]


Fair Use and Intellectual Property Rights at Cosplay Term Paper

… As has been ruled in Harper & Row Publishing v. Nation Enterprises, Cosplay may be in murky territory when it comes to identifying whether it is not-for-profit or for-profit'but that is really beside the point: 'the crux of the profit/non-profit distinction is not whether the sole motive of the use is monetary gain but whether the user stands to profit from exploitation of the copyrighted material without paying the customary price' (Madonia, 2016, p. 183). If a cosplayer is using a character's likeness in a way that is not incidental to the attainment of profit, then the creator or copyright holder of that likeness is legally bound to a portion of those earnings. If the likeness is, on the other hand, incidental to the profit…. [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 and governmental agencies alike. Famous copyright cases such as the ones involving Vanilla Ice and Batman Forever have assisted in bringing copyright issues involving fair use to the forefront. Technology as further complicated the problem by easing the manufacture of digital processes involving music and film, as well as the widespread availability of material on the Internet. Federal copyright can be viewed as a bargain between the creator of the writing or invention and the people, as represented by the federal government (Hollaar, 2002). In…. [read more]


Ethics and the Internet Term Paper

… Ethics and the Internet

Use of the internet has improved immensely in the recent past. However, this improvement has brought an increase in the ethical issues. In this research paper, there is the determination of some of the ethical issues that arise from the internet. These include the issue of privacy to individuals who use social media such as Face book. Another issue is the indecency that arises out of the use of the internet. There is also a discussion on defamation in the internet and the limitations that occur from the freedom of speech within the internet. Finally, there is a discussion on the intellectual property and how it is affected by the internet.

Ethics and the Internet

Introduction

There are many ethical issues…. [read more]


Digital Copyright Problem Term Paper

… Fiona Morgan, writing for Independent Weekly, claims that "copyright law has gone from promoting creativity to hindering artistic expression, thanks in part to the efforts of a few giant corporations that are sitting on billions of dollars worth of intellectual property." (ibid) The view that corporations and government bodies are using copyright to stifle free expression has been expressed by the likes of Federal Ninth Circuit Court of Appeals Judge Alex Kozinski in a recent copyright ruling, where he states that 'Culture is impossible without a rich public domain. Nothing today, and likely nothing since we tamed fire, is genuinely new. Culture, like science and technology, grows by accretion, each new creator building on the works of those who came before. Overprotection stifles the very…. [read more]


Corporate Compliance Plan Essay

… Through the patents, Riordan intellectual property includes the rights of intellectual; property of their workers that are funded by the company. Some of the intangible properties that will be protected by Riordan include inventions, ideas, trade secrets, statistics, patent, copyrights, software, business models, and trademarks Wirte-n, 2004.

Because of the international operations, Riordan will have to protect their intellectual property rights in all the countries in which it operates by registering such rights. It must however be noted that the periods of such protection varies from country to country similar to the charges that have to be incurred in the registration process Wirte-n, 2004.

Riordan further has the obligation of protecting their manufactured plastic products by having their trademark in all the company's products in…. [read more]


P2P and the E-Music Industry Research Proposal

… ¶ … P2P and the E-Music Industry

The focus of this work is on the impact that the development of the peer-to-peer (P2P) file-sharing model has had on the commercial e-music industry. Firstly, an overview of e-business and the evolution of the Internet are presented. This is followed by a short discussion and classification of business to business (B2B), business to consumer (B2C) and peer-to-peer (P2P) market types. The marketing mix elements of price, product, promotion and place for digital content e-music businesses are then explored. Customer value, implications for the value chain and related ethics are then considered. Finally recommendations will be presented. This report is based on a survey of recent literature and text books on the topic of P2P networks and the…. [read more]


Role of UN in Global Business Term Paper

… Role of UN in Global Business

The eight "Millennium Development Goals" of the UN are: (Summarized from "Millennium Development Goals Report," 2006)

Eradicate poverty and hunger. The target, between 1990 and 2015, is to halve, the number of people living on less than a dollar a day and those suffering from hunger.

Achieve universal primary education. All children everywhere should be able to complete a full course of primary education by 2015.

Promote gender equality and hunger. Eliminate gender disparity at all levels of education no later than 2015.

Reduce Child Mortality. The mortality rate of children under five should be reduced by two-thirds between 1990 and 2015.

Improve Maternal Health. The maternal mortality rate, i.e., the death of mothers during childbirth, is targeted to…. [read more]


Law and Ethics Term Paper

… Product liability happens when their product or service leads to physical or emotional injuries in the consumer, on the consumer's property or as a result of actions taken for the business. It arises from the violation of the basic ethics principle of not doing harm. To avoid this, the business should as if their product will harm anyone before embarking in it. Managers should think through consequences of negligence, inaction and restitution (Frenz).

Intellectual Property

This includes patents and trademarks, which include rights to their products (Morgan, 2013). Patent rights protect the inventor and exclude all others from copying and using it. Trademark rights prevent product confusion among consumers (Morgan).

BIBLIOGRAPHY

Alfredo, D. (2013). Moral obligations of diversity. eHow: Demand Media, Inc.

Retrieved on March…. [read more]


Internet Governance by U.S. Government Research Paper

… These governmental agencies are charged with defining the limits of Internet privacy and security for consumers -- and then working to establish regulations that are balanced and fair to both consumers and enterprises. But representatives of these agencies admit that they are years behind where they would like to be -- and where consumers think they should be. There has been some movement in the privacy arena as companies doing business on the Web voluntarily participate in programs that give consumers opportunity to opt out of tracking. Categorically speaking, Internet privacy is quite a different animal from freedom of expression on the Internet. Nevertheless, the point is taken that the temporal gap between praxis and regulation is a consistent source of difficulty and a drain…. [read more]


Concise Analysis of Intellectual Property Case Essay

… Thus far, there was no challenge to the application of the rule.

Reasoning: Banks and their customers expect that it is the local law that applies. There must be strong and solid ground to displace the general rule and apply to the contrary. There is not a sign of any such ground in this case.

The money was owned by the Libyan Foreign Bank and it had to be returned to them. The courts in London ruled to that effect. The explained that under the agreement, they deserved to be refunded their money and that the deposit bank owed it to them; a breach of which they would be held responsible and accountable for the same. The conflict is a complicated on because of the…. [read more]


Contract: Elance Has a Services Research Paper

… If an obligor or Provider indicates intentions to appoint another individual to perform his/her contractual duties, he should ensure that all parties in the contract are protected. This can be ensured through communicating the intentions to the Client and ensuring the assignee is competent to handle the Client's requirements in a timely and professional manner. During this process, the Provider must provide the Client's confidential information after receiving the Client's express written consent on a scenario-by-scenario basis. In addition, the assignee must be aware and comply with all regulations and laws that are applicable to the contractual duties.

In conclusion, Elance Services Agreement between Client and Provider is part of the company's Member Contract that comes to effect after the Client awards and the Provider…. [read more]


Accession to the World Trade Dissertation

… Consequently, by the late 1990s, the Chinese government had established 20 intellectual property rights tribunals in intermediate and higher courts (Ostry et al., 2003). These efforts represented a fundamental sea change for the Chinese political leadership as well as the Chinese people themselves. In the years preceding the introduction of economic reforms, the majority of Chinese firms were unwilling to respect intellectual property rights based on the paucity of market competition that was a concomitant of a state-controlled, centralized economy that made the protection of intellectual property relatively unimportant.

Even in this environment, though, the Chinese did in fact have regulations in place concerning trademark and patent protections even if they were largely unheeded; however, following the introduction of widespread economic reforms and the internationalization…. [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 flight of the desperate foreign capital it needs for its technological growth and development in the pharmaceutical sector as well as other sectors that are vital for growth and development (David, 1999).

The intellectual copyright of biotechnology and pharmaceutical products has been accelerating at a rapid pace. This is because of numerous legal verdicts passed by the international courts, multilateral and bilateral treaties and agreements. In order to gain unmatched profits and make the most of the legal, technological and economic climate of America, several…. [read more]


Copyright Law in Hong Kong Essay

… These should entail: section 38 (research and private study) to remain unchanged signifying that there will be fairness dealing with work to make sure that private study or research will not infringe any copyright work; section 39 (criticism, review and news reporting) is supposed to maintain its availability under the Ordinance as a safeguard of protecting the freedom of expression.

This fair dealing exception should only apply to the works which have been released or the public have been already made aware of. This proposal is based on the amendments that were made to section 30 of the Copyright, Designs and Patents Act 1988 of the UK in 2003. As a matter of fact the current law, based on the review or criticism of a…. [read more]


Purchased the Book Engineer in the Courtroom Term Paper

… ¶ … purchased the book Engineer in the Courtroom at your local bookstore. Why may you sell it to a peer without violating the owner's exclusive right to distribute the work? What principle governs your answer? Could you make a translation of the work? Discuss.

The author's copyright in the work covers only the intellectual expression of his ideas in a fixed medium; in this case, that fixed medium is the book. The author does not have any copyrights or other ownership rights in the physical medium in which his ideas are fixed.

Distribution in the context of copyright issues relates to the process of reproducing additional copies of the work, not to the transfer of ownership of the fixed medium. Anyone with legal possession…. [read more]


International Business Law Research Proposal

… LEGAL IMPLICATIONS for INTERNATIONAL EXPANSION INTO USA of Business CURRENTLY ESTABLISHED in THAILAND, MALAYSIA, HONG KONG, SINGAPORE & AUSTRALIA

PRESENTATION to BOARD of DIRECTORS

The purpose of this presentation is to familiarize the board with the legal implications for expansion of a business currently established in Thailand, Malaysia, Hong Kong, Singapore and Australia into the United States. Toward this end the first section of this presentation will be comprised of a brief review of trade negotiation agreements between each of these countries and the United States then followed by information that is relevant to expansion into the United States marketplace.

United States Trade with Thailand, Malaysia, Hong Kong, Singapore and Australia

Malaysia- U.S. Trade

In June 2006 negotiations on a Free Trade Agreement were initiated…. [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).

Conclusion

With the advancement of technology especially the digital technology there has been a change in the way the media content is now being produced and showed. Now the people have greater access to the media than they ever had in the past. However, due to these drastic changes in the digital technologies the owners, vendors and the other media players roles have changes vastly and because of this the…. [read more]


Person Steals the Property Essay

… Unintentional plagiarism of course is when the presenter of the idea or work never had any prior information or knowledge that what is being presented has already been done by someone else or is attributed to another person or entity. This is especially true when an idea has been deemed or supposed to be common knowledge. Common knowledge exists when a fact can be found in numerous places or is likely to be known by a lot of people (Thompson, 2008). Thus, an unintentional plagiarism may take place when some common knowledge contains small details that should have been attributed to the original author. For instance, writing "President Barack Obama is the 44th President of the United States" is common knowledge but if there is…. [read more]

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