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Global Intellectual Property Law Essay

… According to Zhao (2006), research and development occurs in these nations with breaches of intellectual property rights taking place regularly. The difference is these firms will use the applications they created for internal functions. This is resulting in them being able to circumvent various regulations in order to achieve these objectives by having a product that is similar. Yet, it is different with engineers completely redesigning the product. (Zhao, 2006)

Evidence of this can be seen with Zhao saying, "Multinational enterprises (MNEs) are increasingly conducting research and development (R&D) in countries such as China and India, where intellectual property rights (IPR) protection is still far from adequate. We found that weak IPR leads to low returns to innovation and underutilization of innovative talents. MNEs that…. [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]

Intellectual Property and Corporate Espionage Essay

… If intellectual property is stolen, the profit margins reduce drastically. Various domestic laws to protect intellectual property are as follows.

The Espionage Act 1917 is in place in USA. It was mainly developed for controlling the spying activities related to military forces and national integrity. However, as mentioned earlier, security related measures are incorporated in business sector as well hence this law is applicable to all espionage activities including corporate espionage.

Canadian Intellectual Property Law is in force in Canada under the supervision of Canadian Intellectual Property Office (CIPO, 2011). China is also active in protecting its intellectual property and is very sensitive towards its. China has defined its own copyright and patent laws which need to be followed by any country which intends to…. [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…. [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…. [read more]

Intellectual Property Term Paper

… Intellectual Property

Is the concept of this paper intellectual property? It may seem a strange thing to suggest, but the definition of intellectual property is often just as nebulous. These different interpretations lie at the core of the confusion and the controversies over what is and what is not within this domain. The first, is intellectual property properly property at all (Smith 20007)? The legal definition of property can cover anything from perceptible objects like land, houses, cars, motorbikes, etc. To certain intangibles like debts and domain names. But intellectual property for the most part is information and preventing people from using information, given the ease of attaining it via the penultimate source of the World Wide Web, has become rather difficult (Smith, 2007). One…. [read more]

Intellectual Property for Pre-Owned Boat Discussion Chapter

… Other intellectual property that Boat World should develop and obtain rights to include a graphic logo that incorporates the Boat World name, perhaps a spokesperson or character with a specific catchphrase to be used in advertising efforts, and other unique and identifiable marketing materials. By building a stockpile of these materials early one, Boat World can quickly build its brand while preventing other startup competitors from capitalizing on this hard work and entrepreneurial effort. This is one of the primary reasons that understanding and utilizing intellectual property rights is an important part of a business startup.

There is also another utilization of intellectual property and intellectual property rights that the company could put to use in a manner that limit competitor's marketing abilities and increases…. [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]

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…. [read more]

Pharmaceutical Companies, Intellectual Property Research Paper

… It's more than just producing and giving drugs to these needy countries, there needs to be a check and balance system to ensure work is being done as prescribed (Hodgett et al., 2005).

A motivational factor is that these pharmaceutical corporations had a solid return on investment on research and development, thus there was a motivational flag for further research. Some new ones work better than those available some years ago. If the drugs were sold at present prices as of now, there wouldn't be research and development funds, driving the new projects into the ground (state gov). Also, if there isn't any point in producing and manufacturing such drugs as these third world countries can't afford them, the industrialized countries for that matter are…. [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 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]

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…. [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).


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

Retrieved on March…. [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]

International Laws Essay

… 2. The Public Interest -- Accountants will have no conflict of gain. Their reputation directs their desire to serve the public and to do so in an honest, integral way. They will be above conflict and pressure from other groups. The conduct of work will be professional and with an honest demeanor. Regulating fees, providing quality services, and offering these services within the range of the Principles of the Code of Professional Conduct falls under the public interest article.

3. Integrity -- Integrity necessitates that the practitioner align his actions with the requirements of objectivity, honesty, and meticulous care.

4. Objectivity and Independence- The business practitioner has to be impartial, detached from areas of interest, and thoroughly honest in his business dealings. This includes his…. [read more]

E-Business Intellectual Property Mykytyn, P Essay

… This would bar the other person from exploiting the secrets for the duration of time. The trade secret law has loopholes. If a person acquires the secrets of an organization independently, it is not an infringement of the trade secret law (Mykytyn & Harrison, 2005). The person can then use these secrets for their benefits at the expense of the organization that owned the originally.

The fourth intellectual property right is a patent. This is an exclusive right to an innovation in exchange to making it public. The acquiring of patent right is through the registration process. The patent right allows the concerned person to benefit from their effort to come with innovation (Lambert, 2009). The patent right expires after duration of twenty years. During…. [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]

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]

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]

Procurement the Law Essay

… he FAR precludes agency acquisition regulations that unnecessarily repeat, paraphrase, or otherwise restate the FAR, limits agency acquisition regulations to those necessary to implement FAR policies and procedures within an agency, and provides for coordination, simplicity, and uniformity in the Federal acquisition process. It also provides for agency and public participation in developing the FAR and agency acquisition regulation.


It appears that the company should operate in a matter that should limit the exposure to these complicated and complex sets of regulations. A negotiated settlement appears to be the best position to take. If this position is unattainable it would be wise to argue from a contractual law standpoint and find errors and loopholes within the contract to exploit. This is not the preferred…. [read more]

Evolution of Commercial Law From the 18th Century to the Current International E-Commerce Era Research Paper

… ¶ … evolution of commercial law from the eighteenth century to the current international e-commerce era, with an eye towards specific crises and responses that led to formation of the current system of general commercial law. These crises include the conflict between national law and the law merchant during the eighteenth century, the emergence of negotiable instruments in the early nineteenth century, the importance of new forms of insurance during the middle of the nineteenth century, the consolidation and monopolization of the Industrial Revolution, and the global effects of the internet on commerce and copyright. Tracing these crises and the legal system's response allows one to better understand how the evolution of commercial law is constituted by a mixture of disruptive change and long-standing legacies,…. [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 reasons behind patent law. The developer retains the exclusive right to produce the medicine for a sufficient time period to encourage research and innovation, but the product does become available at a lower cost to consumers within a relatively short period of time.

Patents do not automatically come with invention, with separates the concept of the patent from the concept of the copyright. On the contrary, inventors much apply for a patent. This is due to the requirement that patents require an actual innovation. Furthermore,…. [read more]

China IP China's Intellectual Property Essay

… Given the positive outcomes associated with stronger intellectual property rights, however, it is more likely that Western standards will prevail and China would be better off to adopt full Western standards sooner rather than later.

A third criticism of the criticism of China's IP protection regime is that Chinese culture is different. The West's concerns with Chinese intellectual property rights protections are overblown because Western firms apply their own standards and do not take the time to understand the Chinese perspective (Chaudhry, Zimmerman, Peters & Cordell, 2009). However, if Chinese firms wish to attract Western foreign direct investment and knowledge transfer, they will need to make their country attractive to Western investors, and that means adopting Western intellectual property rights protection standards.

By taking improving…. [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…. [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…. [read more]

Marketing Product Safety, and Intellectual Essay

… PharmaCare is not socially responsible for their actions towards the community in Colberia. According to the moral compass, individuals or organizations should operate under guidelines and principles of ethics in conducting their duties and to determine what is right and wrong. Although moral compasses vary from one individual to another depending on cultural differences, morality bears that all humans are equal although vulnerability varies from one individual or community to another. According to Carden (2006), an individual incorporation of virtue ethics in personal ethical compass helps to understand that all human beings are equal before God and the environment is God's gift to his creation.

PharmaCARE violates the property rights in Colberia for their own advantage while strictly adhere to the property rights in the…. [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).…. [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]

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]

America and China Trade Relations Term Paper

… Again, to the dismay of other industrialized countries such as America and Europe, China has done little to actually implement these standards. I believe this is due in part to ease of access to counterfeiting technology combined with a lack of severe punishment. Nearly 1.3 Billion people now live in China, of which approximately 90% of them pirate software, motion pictures and other luxury goods. The likelihood of actually getting caught for this offense is unlikely due in part to the sheer volume of citizens within the country. Would it be practical or even worthwhile to catch every small business counterfeiter within China? If so, what is to prevent another person from committing the same offense? With the ease of access to technology, I believe…. [read more]

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