...the company produces include but not limited to plastic bottles and containers, fans, medical stents and fans. With the corporate headquarters located in San Jose, CA, the company has several production facilities in Georgia, Michigan, and also a joint partnership within China. Today, we will present to the Officers and Directors of Riordan a Comprehensive Corporate Compliance plan to help assist Riordan continual mission and growth to which will be determined on how well the company can handle and manage compliance issues. We will cover how to manage the legal liability of officers and directors of the company, how to properly address situations when the law is violated, enterprise liability, protecting the company’s real and intellectual property, governance, and international laws that the company must follow. Management Responsibilities and Guidelines Riordan very own Employee Handbook states the internal environment at Riordan as branded by the highest ethical standards, integrity and customer trust, all which helps establish goals that support Riordan’s corporate mission. The Employee Handbook provides the four main goals for the company: Company growth through Research and Development as an Industry Leader, Sustaining Customer Relations, Internal Employee Satisfaction and...
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... 4 RUNNING HEAD: LEGAL AND ETHICAL CONSIDERATIONS IN MARKETING, PRODUCT SAFETY AND INTELLECTUAL PROPERTY LEGAL AND ETHICAL CONSIDERATIONS IN MARKETING, PRODUCT SAFETY AND INTELLECTUAL PROPERTY [Student Name] [Instructor’s Name] [Date] [Course Name] Introduction This paper is concern with legal and ethical issues in advertising, marketing, regulations and intellectual property of product safety with respect to PharmaCARE which is a pharmaceutical company. The paper includes the information regarding drug companies, Direct to Consumers (DTC) marketing. Next we will determine the role of Food and Drug Administration (FDA) in regulatory schemes of pharmacies and determine that whether FDA empower over compounding pharmacies. In this paper, I have to make decision about PharmaCARE that whether the company use of intellectual property of Colberia. After this, I will analyze PharmaCARE ways to use US laws to protect intellectual property to coop with intellectual property in Colberia. To compensate the people of suffered from damages due to usage of AD23 will be studied and different suggestions will be made to compensate them. In the end, three changes will be recommended to PharmaCARE to go forward ethically. 1-Ethical issues relating to marketing and advertising, intellectual property, and regulation of product safety and examine whether PharmaCARE violated any of the issues in question. Ethical...
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...2.) Video Resource The video we used for this project is 'Doing Business in the USA', presented by Scott James. It focuses on an overseas (UK) perspective regarding the legal environment surrounding doing business in the United States from another country; particularly intellectual property, market entry, contracts, and liability. He explains how intellectual property laws (copyrights, patents, trademarks) vary between the US and other nations, and advises foreign companies to register their intellectual property within the US in order to secure their rights in the event of dispute. With regard to entering the US market, James points out red tape surrounding obtaining Visa's, in addition to concerns over which type of company to set up in the US and how tax laws can impact this decision. James mentions contracts, and how they should be written to be effective under the law in the target nation; within the US disclaimers must be 'conspicuous' in order to be enforceable. Liability is the final element James discusses; the US has very strict liability laws for products: These center around the knowledge, action, and potential for action of those liable. James's seminar is significant to 'Global Business Environment' because it focuses on the legal environment surrounding doing business globally. Legal issues are a major part of the overall business spectrum; misread a law and your company can be liable for extensive damages. What are perfectly legal business practices in one...
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...Intellectual property rights violations threaten American prosperity. These continued infringements must be regulated through the avenues of Congressional power, and judicial enforcement. Proponents of strong laws that help protect owners of intellectual property rights, rely on the holding in Eldred v, Ashcroft. While naysayers of stronger laws rely on the decision in Feist v. Rural Telephone, where the Court decided that works, which lack originality and creativity, do not rise to the same level of protection afforded to violators of copyright law. This study will examine the scope of constitutional challenges that may affect copyright provisions. The goal will be to develop an understanding of what constitutional rights should be afforded to the holders of trademark, and copyright provisions. The focal point will be geared toward the world of professional sports, and the rights held by producers of clothing lines and apparel that bears the trademarks, logos, and symbols of the major sports leagues. The proclivity for financial gain and reward has led to a plethora of counterfeit items being introduced into the stream of commerce. Robust efforts to derail the influx of imitation goods have led to the NFL hiring a wide span of personnel responsible for monitoring of trademark and copyright violations. The unique concept of protecting branding with such a fervor leads to numerous cries of monopolistic power. The NFL and similar professional sports leagues such as the NHL, MLB...
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...CGP Life in the UK Study and Practice CD-ROM Licence terms and conditions Coordination Group Publications Ltd (“we”) own the copyright trade mark, trade names, patents and other intellectual property rights subsisting in or used in connection with The CGP Life in the UK Study and Practice CD-ROM (“the Product”) including all documentation and manuals and all other copies which you are authorised to make by this Agreement. It is unlawful to use the Product without our licence. We are willing to license the Product to you only on the condition that you have purchased the Product, and you accept all the terms and conditions contained in this Licence Agreement. By using this Product you agree to be bound by the terms of this Agreement and accept that it is provided for your use only. 1. Licence i. In consideration of your agreement to the terms of this Agreement, we grant you a non-exclusive, perpetual licence to use the Product in accordance with clause 2 below. ii. This licence is not transferable and save as contemplated by this Agreement you shall not permit or enable any third party to use the Product on behalf of or for the benefit of any third party in any way whatever. 2. Permitted use and restrictions i. You may use the Product on any computer which is under your control. ii. You may not install or use the Product on the internet, an internal website (intranet) or any form of Virtual Learning Environment (VLE). iii. The Product may...
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...opportunity to use existing legal business contexts to help mold and shape its decisions in a way that are beneficial to everyone. The various complexities of business laws have a potentially daunting and detrimental prospect for many companies, but Riordan must not see things this way. We will use Riordan’s reputation and strength to enhance its decision making processes to make the company stronger, while keeping within the legal boundaries of national and international business law. Of the many subjects Riordan will concentrate on, to ensure future economic growth it must first begin with Alternative Dispute Resolutions to potential problem that may arise with the various entities Riordan does business with. Disputes inevitably arise in business relationships. Riordan’s challenge will be handling in an effective and time efficient manner. Alternative Dispute Resolution Alternative dispute resolution (ADR) is a useful tool for anyone experiencing problems in their business relationships. ADR is important for many reasons, not least of which, in that it is economically feasible, and saves time for all parties involved. ADR’s a perfect method for companies adapting to an ever changing economic environment. Many companies simply cannot afford the amount of time that valuable employees...
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...Abstract This paper will identify the various degrees of legal protection BUG must acquire for its intellectual property. Explanation of intentional conflict of law that may affect potential civil liability of Steve and WIRETAP will be discussed along with additional legal issues that may also affect BUG. The six different issues will reveal several torts violated and damages that may be awarded from BUG. Introduction The purpose of this paper is to explain specific, hypothetical scenarios dealing with several legal issues. Bug Inc. electronic products are assembled in foreign countries, currently the products are only distributed in U.S. mainly for the use in surveillance. BUG Inc. is planning to expand the electronic device distribution to international markets. Team C has provided detailed answers and feedback to the six scenarios and different types of legal protections BUG must have for its intellectual property, employment laws, international laws, imprisonment rights, internet law, responsibilities, and manufacturing problems associated with the company’s business dealing in domestic and international courts. These protections are elemental strategic plans allowing the organization to minimize any risks in the international distribution. The Trade Secrets Act has been adopted by many states to protect company’s trade secrets or intellectual property. BUG’s company as designer and manufacturer of electronic devices and own software is protected under the law...
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...| 2012 | | Core 8 [FOreign Policy in latin America](Paper taken to writing clinic: hannah) | | Every country’s foreign policy consists of self-interest strategies chosen by the state to safeguard its national interests and to achieve its goals within international relations. Its goal is to interact with other countries and non-state actors. Foreign policies are designed by the government through high-level decision making processes. The US has been involved in foreign affairs with Latin America for some time now. How are the US and Latin America with Foreign Affairs? Are Latin Americans’ Intellectual Properties being robbed? Are Latin American countries being restored and growing? There are many other questions to ask regarding the foreign policy issues concerning Latin America. One huge problem with Foreign Affairs/Policies is the Drug Trafficking from Latin America into the United States. Cuba is not necessarily a drug producing country but it is a transit one. In 1998 nearly 7.2 metric tons of cocaine were seized in Colombia on its way to Cuba. Also, there was a 50% increase in drug over flight, which includes people carrying drugs as mules on planes and the dropping of drugs into American water from Cuban planes heading to the States (House Government Reform Committee) Castro had once said that he did not want the United States interfering with Cuban drug relations. Most American government officials believed him to be the main cause of drug transportation...
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...Riordan Manufacturing Corporate Compliance Plan Riordan Manufacturing has three operating sites; Georgia, Michigan and California. Riordan Manufacturing was founded by Dr. Riordan. With a background in chemistry; Dr. Riordan acquired numerous patents pertaining to creating plastic goods. This paper will focus on a corporate plan for Riordan Manufacturing. Riordan Manufacturing Corporate Compliance Plan will include managing the legal liability of officers and directors of Riordan Manufacturing. Also The Corporate Compliance Plan will address the laws pertaining to Riordan Manufacturing, the rights Riordan Manufacturing employees have and how and who to turn to in case a lawsuit is brought against Riordan Manufacturing. In order for Riordan Manufacturing to be in compliance; Riordan Manufacturing must adhere to all laws set by the government. An Internal controls and corporate governance system will help Riordan Manufacturing executives make sure that all employees working for Riordan Manufacturing obey all government laws and industry practices when conducting company assigned duties. An Internal controls and a corporate governance system ensures that Riordan Manufacturing policies, procedures, and government laws are followed. An effective enterprise liability starts with Riordan Manufacturing take responsibility for wrong doings that happen within Riordan Manufacturing. In order to prevent any wrong doings Riordan Manufacturing must ensure all company workplace...
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...the company produces include but not limited to plastic bottles and containers, fans, medical stents and fans. With the corporate headquarters located in San Jose, CA, the company has several production facilities in Georgia, Michigan, and also a joint partnership within China. Today, we will present to the Officers and Directors of Riordan a Comprehensive Corporate Compliance plan to help assist Riordan continual mission and growth to which will be determined on how well the company can handle and manage compliance issues. We will cover how to manage the legal liability of officers and directors of the company, how to properly address situations when the law is violated, enterprise liability, protecting the company’s real and intellectual property, governance, and international laws that the company must follow. Management Responsibilities and Guidelines Riordan very own Employee Handbook states the internal environment at Riordan as branded by the highest ethical standards, integrity and customer trust, all which helps establish goals that support Riordan’s corporate mission. The Employee Handbook provides the four main goals for the company: Company growth through Research and Development as an Industry Leader, Sustaining Customer Relations, Internal Employee Satisfaction and...
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...Article 39.3 of the TRIPS Agreement: Its Genesis and the Present Context Biswajit Dhar 1. The Problem In the long series of disputes that the implementation of the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) in developing countries has seen, the controversy around protecting test data as provided for under Article 39.3 has few parallels in terms of enduring impact that it could have. This Article provides that “Members, when requiring, as a condition of approving the marketing of pharmaceutical or of agricultural chemical products which utilize new chemical entities, the submission of undisclosed test or other data, the origination of which involves a considerable effort, shall protect such data against unfair commercial use. In addition, Members shall protect such data against disclosure, except where necessary to protect the public, or unless steps are taken to ensure that the data are protected against unfair commercial use.” While Article 39.3 is clearly intended to ensure that “undisclosed test data” was not misappropriated, the pharmaceutical industry associations in the United States and the European Union, representing the larger companies, have argued that Article 39.3 should be interpreted in a manner that provides statutory protection spanning a period of time to data submitted for obtaining marketing approval, among others. In a submission made in 1999, the Pharmaceutical Research and Manufacturers of America (PhRMA) had argued...
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...Intellectual Property: Case Study Intellectual Property Law Dmitriy Perepelkin Sergei Lazarevich Kirill Evdokimov Olga Afanasyeva Vladislav Kornilov April 2016 Degree Programme in International Business Intellectual Property Law Contents 1 Introduction 3 2 Law 3 3 Sanctions to the Offender 3 4 Outcome 3 5 Conclusion 3 References 4 Introduction On 3rd of December 2015 on Finnish news portal yle.fi was published an article about a dispute between two brands Finnish “Valio” and Russian “Baba Valia”. Antimonopoly office in Saint-Petersburg has convicted the Russian butter producer “Traditsiya” LLC to be a transgressor for copying the external packaging design of the Finnish butter and for confusing consumers. Russian department of Valio acted as an offender in the case. From its side, Valio supported its claims by comparison analysis implemented by patent attorney according to which composite and graphic design of both packages are practically identical. However, Finnish butter came to the Russian market serval years earlier while “Baba Valia” appeared in the stores only in September 2014. Federal Antimonopoly Office made on its website a survey, according to which 58% of respondents considered the packages to be similar, while 42% did not find any similarity. “Traditsiya” LLC decided to change the package design of their product and provided the valid evidence to that. Therefore, the antimonopoly office decided not to give any claims against...
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...1.The Moral Dimensions of Information Systems The moral dimensions that can control the major ethical and social concerns generated by information systems are as follows: (i) Information Right and Obligation What information rights do individuals and organizations possess with respect to themselves? What can they protect? What obligation do individuals and organization have concerning this information? (ii) Property Rights and Obligations How will traditional intellectual property rights be protected in a digital society in which tracing and accounting forownership is difficult and ignoring such property rights is so easy? (iii) Accounting Liability and Control Determining who should take responsibility for decisions and actions. Many of the laws and court decisions and actions establishing precedents in the area of accountability, liability and control were firmly in place long before information systems were invented. (iv) Quality of System This has to do with data quality and system errors. As werely more on information systems, data quality issues are gaining more importance. These issues affect you as a consumer and as a user. (v) Quality of Life An interesting quality of life issue that affects more and more people personally is the ability to work from home. Before the advent of information systems most people used to have a regular day job 8.00 a.m. to 5.00 p.m., five days a week in a typical office setting in our society. But with the introduction of information...
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...Intellectual Property Rights and Economic growth “Imagination is more important than knowledge” – Albert Einstein Albert Einstein’s preference of imagination over knowledge speaks well to the potential capabilities of enterprises and businesses. If a creative idea is discovered, it can be transformed into innovative products. Innovation is instrumental among other things in creating new jobs, providing higher incomes, offering investment opportunities and curing disease. “There is wide agreement that innovation and entrepreneurial activity are the engines of long-run economic growth” (Hill 63). Intellectual property rights have become a significant factor in both creating and using ideas that are translated into knowledge and inventions to promote innovation and economic growth. Through this paper I will discuss the importance of protecting intellectual property and its impact on economic development. What is intellectual property and IPR’s? “Intellectual property refers to property that is the product of intellectual activity” (Hill 54). It might be a poem that you write, a computer software, a mother’s invention of saline Boogie Wipes for babies or a formula for a new drug. Creators can be given the right to prevent others from using their inventions, designs or other creations and to use the right to negotiate payment in return for others to use them. These are “Intellectual property rights”. They allow the creator or owner of a patent, trademark, or copyright...
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...FIRSTENERGY SERVICE COMPANY – GENERAL TERMS AND CONDITIONS FOR PURCHASE OF HARDWARE, INFORMATION TECHNOLOGY SERVICES AND SOFTWARE ARTICLE I – DEFINITIONS The following capitalized terms, when used in the Agreement (defined below), shall have the meanings given below unless in any particular instance the context clearly indicates otherwise: A. “Agreement”. The terms and conditions set forth in this document, together with the Statement of Work, Purchase Order and all attachments, exhibits, revisions, and supplements thereof, shall constitute the complete and entire agreement between Purchaser and Supplier (the “Agreement”). B. "Purchaser" means FirstEnergy Service Company, its succesors and assigns, for itself and/or as an authorized agent of the affiliate company or companies and their respective successors and assigns, set forth on the face of the Agreement for which the software, hardware or information technology services are procured hereunder. If more than one company is identified as the Purchaser, the liability of each company named shall be several and not joint and shall be limited to such company's interest in the Agreement. C. “Purchaser’s Site” includes generating stations, steam plants, substations, transmission and distribution lines, towers, poles, buildings, or other locations owned or leased by Purchaser, for which the Work is intended to benefit, to which the Work is to be delivered or where the Work is to be performed. D. “Specifications” means the portion of...
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