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Bug Inc Paper

In: Business and Management

Submitted By taseey
Words 1395
Pages 6
University of Phoenix
BUS 415
CC08BAM08
Hedy Zhang
December 02, 2008

Introduction
BUG, Inc., a company based in Los Angeles, California, invented an electronic recording device, which can intercept and record sounds and voices through the walls of a house, using a remote microphone. The company designs, manufactures, and sells these devices exclusively to state and federal law enforcement in various plants throughout the United States, Canada, and other foreign countries. BUG being the owner of this intellectual property will require legal protection from unauthorized user, identify any international conflict of law issues that could affect the normal day to day operation of the company, and identify torts that Officer Sally may pursue against BUG Company and types of damages she can request.
Legal Protection of Intellectual Property
The definition of intellectual property is any invention, innovation, or discovery such as copyrights, patent, and trademark. For examples, a book or article of an author’s is a copyright with a unique logo or a soft drink design which represent a company and its products. Another example would be a website design. Physical properties is not the basis for intellectual property but the ownership and the rights to manufacture, use as well as to promote an idea which is consider a priceless benefit.
Three types of legal protection that are essential to protect intellectual property are identified as trademark, patent, and copyright. Trademark can be a logo or a device that can identify a product which is the source for the manufacturer or merchant. Copyright is to protect the original author’s work such as novel or an article from using without permission. Authors of written articles and books are to visit the U.S. Copyright Office and register a copyright. Patent is to protect new inventions and non-obvious that can be protected through a patent. Intellectual property laws are different from state to state. The federal government deals exclusively with trademarks, copyrights, and patents protection. Presently, the mass marketing of the internet, small businesses throughout the United States, new technologies, and new innovations are getting a lot [use "great deal" or "great many" instead of "a lot"] of attention in protecting intellectual property. Furthermore, business owners are encouraged to seek an intellectual property attorney to explain and interpret the law for their own protection. (Field, 2006) International Conflict of Law Issues
The analysis of the scenario illustrates WIRETAP, Inc., as a company based in Canada and BUG Inc., a competitor based in the United States. Further, WIRETAP is considering creating a new BUG product line but will need software coding from BUG Inc Company to start the process. The only possible solution to retrieve the software coding is to send Steve, a WIRETAP Inc., employee to gain access to the BUG Company and get as much information he can gather or get a hold of the software coding. BUG Inc is an American company which invented electronic recording devices that are manufacture throughout several manufacturing plants in the United States, Canada and other foreign countries. These electronic recording devises can intercept and record sounds and voices through the walls of a house by using of a remote microphone. In fact, state and federal agencies have exclusive contracts with BUG Inc. Moreover, the company is considering increasing its marketing in the international community, and needed someone to work in the research and development department. Steve, a WIRETAP employee was hired. BUG unaware of Steve’s affiliation with WIRETAP as well as his capability to hack and intercepted email between officers of the BUG company both in the United States and International by sharing with WIRETAP. Under the Agency Law, Bug Inc, a principal party and Steve became the agent after his hiring, formed a principal-agent relationship. This relationship characterizes Steve’s the authority to perform his duty on the behalf of the company as working in the research and development department. The type of relationships between BUG Inc and Steve would be an express agreement, and WIRETAP’s relationship with Steve can be classified as implied agency because of Steve’s action by forwarding emails that he received from his new employer, BUG Inc to WIRETAP. Steve’s duty and performance to his principal which is BUG Inc is described as “performing the lawful duties expressed in the contract, and meeting the standards of reasonable care, skill, and diligence implicit in all contracts “(Cheeseman, 2007). In agent’s duty of notification, Steve is liable for any information that is important to the principal. Steve’s duty of accountability is to reveal his employment with WIRETAP, including unauthorized use of the company’s internet equipment and committing patent infringement.
WIRETAP Inc violated the United States Electronic Communications Privacy Act (ECPA) and the Paris Convention Treaty by accepting emails forwarded by Steve an employee of the company. Steve an agent for both WIRETAP Inc and BUG Inc has committed a crime against ECPA under the federal government of the United States as well as violated the Paris Convention Treaty under International Law. International conflict of law greatly impact civil liability of Steve and WIRETAP.
Tort Law
BUG Inc is a company based in the United States, designs and manufactures electronic recording devices throughout several manufacturing in the United States as well as other foreign countries. BUG Company monitor, intercept and record sounds and voices by using a remote microphone. The company has exclusive contracts with state and federal law enforcement agencies. In fact, in-house employees wrote most of the software for part of the equipment including technicians, legal advisors, and personnel managers.
Officer Sally’s injury is a civil tort comes caused by the faulty equipment provided by her employer as in the scope of her duties. BUG Inc, the manufacture for the device, had an obligation to notify not only customers but businesses regarding the short-circuited monitor that can cause injuries. BUG Company knew about the safety hazard that caused Officer Sally’s injury because the original design did not include an insulator. The remedy for BUG Company was to institute a recall of the monitors without the insulator because in could explode and caused injuries. Under the tort law, Officer Sally can bring a civil lawsuit against the Police Chief of Shady Town for purchasing a faulty monitor and BUG Inc for producing faulty equipment. Tort damages allows Officer Sally to seek monetary damages, compensated for the injury suffered consisted of medical expenses, loss of wages, pain and suffering, mental distress, and other damages caused by the defendant’s tortuous conduct.
Conclusion
In conclusion, BUG Inc’s invention can be legally protected by the Trademark law because it’s a device and has a logo. The laws protecting intellectual property in the United States exist at both the state and federal levels. State laws cover a broad spectrum of intellectual property fields, from trade secrets to the right of publicity. Intellectual laws are different from state to state. The federal government monitored the patents, trademarks, and copyrights, protection including unfair competition.
Protecting intellectual property is extremely important to business owners because of today’s fast moving economy. The most difficult part is to prevent unauthorized users in hacking or illegally transmitting data and cause infringement. (usinfo.state.gov) [Do not use URLs for in-text citations.]
International conflict of law issues such as violation of the United States Electronics Privacy Act as well as the Treaty and Convention certainly violated by Steve and WIRETAP. Both of these cases will be file in the United States Civil Court and WIRETAP will be file under both United States Court and the International Court.
Lastly, Officer Sally can bring a civil lawsuit against the Police Chief of Shady Town for negligence in purchasing faulty equipment and the company for producing a faulty device. Officer Sally can file for monetary damages as well as being compensated for injury suffered consisted of paying for medical expenses and loss of wages.

References
AnswersCorporation (2008). Intellectual Property. Retrieved November 28, 2008 http://www.answers.com/topi/intellectual-property
Field, T. (2006). Intellectual Property Rights. Retrieved November 28, 2008 http://usinfo.state.gov/products/pub/intelprp/
H.R. Cheeseman, (2007). The Legal Environment of Business and Online Commerce (5th ed.)
Chap. 5 , 9 & 19. Prentice Hall, 2007, Upper Saddle River, NJ, Retrieved from University of Phoenix, rEsource, Week Five.

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