...Case 1: Eastwood v. Superior Court (National Enquirer, Inc., Real Party in Interest), 149 Cal. App. 3d 409 (Cal. App. 2d Dist. 1983) Issue Actor/Director Clint Eastwood claimed that the National Enquirer magazine created a false article stating that he was involved romantically with singer Tanya Tucker while in a relationship with actress Sondra Locke. The magazine used a photo of him on their magazine cover, which was prominently featured in advertisements. Eastwood alleged that this was a deliberate effort to take advantage of his celebrity status and notoriety in order to promote and increase sales. The Enquirer asserted that they were protected under the First Amendment of the U.S. Constitution, which protects freedom of speech and the press, as well as California Civil Code § 3344(d), which allows a person’s name, photograph or likeness to be used without their permission in connection with a news or public affairs article. In the original trial, the “court sustained the newspaper’s demurrer to that the petitioner had failed to state a cause of action.” Eastwood then petitioned the Court of Appeal to hear his case, which led to the decision outlined below. IP Right at Issue Right of Publicity. Eastwood claimed that the National Enquirer created a false article and used his image and name without his consent for the purpose of increasing sales of their magazine. Rule of Law The Court of Appeal ruled against the Enquirer, stating that the false article “constitutes...
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...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 issues vary depending on daily morality and social codes. In business world, most of the ethical issues are...
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...the basics of reputation management 5.13 11. Reputation management in a crisis 5.15 11-1 Example 5.1: The Brent Spar crisis – Underestimating shareholder expectations PART C: PROTECTING INTELLECTUAL PROPERTY OF ORGANISATION 12. Introduction 5.17 13. What is intellectual property? 5.18 14. Importance of intellectual property 5.18 14-1 Example 5.2: Brand value v. net tangible assets 14-2 Brand values compared to tangible assets 15. Intellectual property rights 5.19 15. Types of intellectual property 5.20 15-1 Trademark 15-2 Patent 15-3 Utility model 15-4 Industrial design 15-5 Geographical indications of source & appellations of origin 15-6 Undisclosed information and trade secrets 15-7 Copyright 15-8 Related rights 15-9 Other rights – Topographies and plant breeder rights 16. Balanced IP protection 5.24 16-1 Case study 5.1: Government support of research for the public good 17. Abuse of intellectual property 5.26 17-1 Example 5.6: Piracy in the music industry 17-2 New methods for protecting intellectual property 18. Enforcing...
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...Intellectual property rights provide the foundation for building and extending markets for new technology. Economists and policymakers are progressively realizing that to manage and encourage technological progress, there is a need of a framework of legal institutions that promotes its benefits but also limits its excess. The paramount difficulty of companies and individuals engaging in development of new technology of any kind is appropriating the fruits of their labor. In developed market economies, in spite of the presence of substantial intellectual property rights, the widespread imitation of intellectual property deems them imperfect and inadequate. Lax enforcement of domestic laws and regulations, and the absence of international treaties concerning the protection of international property rights further aggravate the problem. The framework and implementation of intellectual property rights shapes the success of major industries ranging from computer software, biotechnology to entertainment as it determines how they can market their products. Intellectual property is expensive to create but easy to reproduce. The fixed cost of producing intellectual property is high, but its marginal cost is low. For example, the research and development of a drug can cost billions of dollars, but its reproduction can easily be done at low costs. Lack of protection gives rise to free riding on the innovator’s production and kills the innovator’s incentive to produce more. Registering...
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...defense, the aircraft and automotive developers, healthcare companies, beverage, cosmetic and more. Products 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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...Integrated Skills Programme Task Brief Krista Yen is the Commercialisation Director of a Pharmaceutical research company based in Hamilton, New Zealand. For years her organization has been developing a drug that will overcome a number of common organ rejection issues. Now, the week after the drug was formally submitted to the testing authorities in New Zealand, a letter from solicitors of a rival firm in Venezuela has arrived accusing Krista’s firm of intellectual property theft. Although the specification of the drug is a closely guarded secret, the Venezuelan firm have shown that two paragraphs in the technical release submitted to the testing authority, are identical to those published in a paper presented by their researchers at a conference in Buenos Aires last year. The first paragraph describes the way in which the drug works upon entering the stomach and the second describes possible side-effects. Krista’s firm holds non-disclosure agreements with all employees and the firm’s contract of employment stipulates that anyone responsible for intellectual property infringements will be summarily dismissed. The Head of the Research Team, who was ultimately responsible for the report’s preparation, has tendered her resignation, but she insists, privately, that she did not write the sections in question. Suspicion has fallen upon a Nicaraguan research assistant with a reputation for spending time in Spanish-speaking, technical-based, Internet chat rooms. Although it is...
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...“Emerging Markets: From Copycats to Innovators Introduction Some of us are aware, especially those who are tech geek like I am, that, Tech companies are notorious for copying each other’s products and services, essentially “stealing” ideas. While some consumers get frustrated with companies releasing copycat products, the reality is that this game of one-upmanship results in better services for the consumer. Just to cite a few examples, according to P. Baumgartner (2008). “Don’t knock copy-cat innovation, it fuels the real stuff” at ventureburn.com, “Google wanted a more networking-friendly Facebook, so it created Google+. Apple’s team wanted its own navigation app, so it onced tried Google Maps. Facebook didn’t want to miss out on Snapchat-sized success, so it created Poke”. The bottomline is competition. While companies squable to get to to the top spot, they have to generate fresh, dynamic ideas to get the consumer’s attention. In competition, copying, repackaging, or rebranding, innovating or recreating is part of the game. The good news is that they all wind up, somehow to taking their costs down and subsequently their prices down as well. The winner is that company who have low cost input who could do mass production and move its inventory faster than the other. While companies battle head to head for the top spot, the ultimate winner is watching, waiting for that product of top quality and gives great value to the pocket – the customers like you and me. The...
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...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 country are often illegal in another: Understanding...
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...Presently, the company’s vision and mission statements have to broken down and understood before change is inflicted on the company; this is because several present constraints rely on the present vision therefore this should be analyzed carefully e.g. the origin and history of said company. When entering a different or another market, the proposed market must be analyzed for factors that could enhance said company, the company’s product analysis is important, the business culture of proposed market should be taken note of and the employee engagement to. Barriers in corporate cultures must be broken to allow multinational corporations to function within the business environment. Companies that pride themselves on strong core values must be able to remain when branching into a new market; the culture must have an adaptable basis. Tolapp Corp mission statement emphasizes its operational and business objectives worldwide. The previous brand image of Tolapp Corp should play a huge role in this new business venture, the logo should show value and acquire its grounds by representing what competing organizations lack (Phillip Kotler, 2006). Trade analysis of this segment can place Tolapp Corp in a certain realm in choosing the mission statement, whereas several other factors are important from the reports like the market analysis for each segment for company’s operations, target consumers for the company and financial reports about competitors all included. Tolapp Corporation is...
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...Stealing property from across the Globe A security guard may vigilantly patrol a company’s premises afterhours, checking every room and watching all the camera footage to safeguard his company, but major threats to the companies property may still be in danger from sources that aren’t even on the same continent. Due to the intertwined networks that makeup the functional framework of most business these days, more and more companies find themselves at risk of losing assets to overseas thieves. The article I read from The New York Times was titled U.S. Accuses Six Chinese Citizens of Stealing Tech Data. It concerned the recent case of, as descried in the title, six People’s Republic of China citizens who are being accused, under a law that is only rarely used, of stealing the intellectual property of a Silicon Valley based firm, namely the design for a chip that is used in the manufacturing of cell phones. The men in question held jobs in the United States for an extended duration and then following their time in the states, started to manufacture chips in China, selling and distributing them using the technology and trade secrets they learned during their time in Silicon Valley. The State Department is looking into this situation, however, even though they know who is responsible, guilty verdicts with actual prison sentences served are not the usual outcome due to the nature of US relations with the People’s Republic of China. This emphasizes one of the largest concerns...
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...country in question. As a result, international companies looking to expand their operations overseas must carefully consider the nature of the political regime and the resultant factors which will impact their ability to conduct business and generate profits. The Peoples Republic of China and India are two vast nations which over the past several decades have undergone considerable development and economic growth and therefore represent substantial opportunity for international businesses to expand or outsource their operations. Despite their geographic proximity, China and India have very different political philosophies and regimes which have resulted in variations in their regulatory framework, taxation policies, stock exchanges, intellectual property rights and the consequential foreign direct investment and growth. The Peoples Republic of China operates through a single party political system led by the Communist Party of China. Traditionally, Marxist ideologies dominated the nation’s economic regulation, however reform in 1978 led to more modern socialist values and policy. These changes have resulted in an ideology of “socialism with Chinese characteristics” (Fran & Morck, 2012) which consists of features from free markets, socialism and traditional Chinese political philosophy. Despite this modernisation, strict regulatory systems still exist and involve significant red tape for business as well as particularly...
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... To: Management From: Learning Team A Date: 3/13/2011 Re: Automotive Tangible and Intellectual Property Issues I. Relevant Tangible and Intellectual Property Issues in the Automotive Industry Relevant Tangible property issues in the automotive industry are vehicle systems design, manufacturing techniques, features, and parts. Ford is currently being sued by Paice LLC for the use of a hyper drive system that is being used in a number of Fords hybrid vehicles. Paice believes that they own the patient on the drive system (Slind-Flor, 2010). Relevant intellectual property issues in the automotive industry are trademarks, service marks, copyrights, patents, concept drawings and trade secrets. For example, the name and logo Ford uses is intellectual property of Ford Motor Company. Trademarks can be registered in 10-year terms. The trademark can be renewed unlimited times in 10 year intervals (Cheeseman, 2010, p. 120). II. Legal Issues Facing the Company From Tangible and Intellectual Property Issues Legal issues facing the automotive industry concerning tangible and intellectual property include analyzing and prosecuting patents, protecting confidential information by creating and executing non-disclosure agreements as well as the ability to create identification and protection of products through intellectual property (Foley Lander Attorney at Law, p 2, n.a.). A company must be able to protect patents and keep confidential...
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...edge technology with automobiles has caused some growing pains. The issues with providing a constant source of Wi-Fi capabilities, privacy concerns, distributing necessary software upgrades, and protecting the customers identity have been issues auto makers have faced since this endeavor started to enter the cars we buy. So companies like Ford, GM and BMW have been on the razor edge of break through innovation to draw the curious techy generation to friendlier interface systems, with high-tech navigation, Pandora music, Wi-Fi capabilities, and applications that car buyers and use to continue their social networking, technological dependent lives on the road. Together these advances suggest that auto makers are on the verge of entering an another industry to supplement their industry. Identifying the major issues and their outcomes Identifying the major issues in automakers exploring inclusion into technology within their cars is numerous, although the upside is great and there is evidence to support it. Of the many issues that automakers face, one of the more prominent is the lack of a central system to feed into to, or off of. This system does not exist yet to where these systems can receive traffic information, schedule reservations, or even connect to the internet under its own system similar to a cell phone. Privacy concerns similar to that of smart phones have become an issue, and tracking software can easily make someone a victim. Today, a company...
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...M1 – How the management of human, physical and technological resources can improve the performance of Tesco Physical Resources Tesco have many physical resources within their organisation including building and facilities, materials and waste, plant and machinery, equipment and maintenance and refurbishment. All of these resources can help improve the performance of Tesco. The management of Tesco’s building and facilities and the location of these can help greatly help Tesco. Tesco need to make sure that they consider the location of their distribution centres and their shops as if these buildings are too far from each other, they can find that it is harder and takes longer for their stock to reach the stores and can decrease the performance of Tesco and the efficiency of the way they run. Tesco are determined to make sure that they are doing what they can for the environment and look at what they are using in waste and materials and see if they can change what they do in order to improve their performance. To help improve their environmental performance, they make sure that they make sure that they recycle all materials that they can and have brought in many different schemes to help them improve their performance, including battery and mobile phone recycling schemes and Together for Trees. The machinery and plants that Tesco use can also help to improve their performance. The plants are where the manufacturing of Tesco products takes place and is a large factor in improving...
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...4: Legal and Ethical Considerations in Marketing, Product Safety, and Intellectual Property LEG500 August 25, 2014 Write an eight to ten (8-10) page paper in which you: http://www.insidebusiness360.com/index.php/ethical-issues-faced-by-marketers-18696/ Legal and ethical situations have been a topic in the business world since day one. Legal and ethical can sometimes be confusing in the work place if there are not rule and regulation to abide by in the organization. Legal is an act according to law, not in violation of law or anything related to the law. Ethical involving questions of right and wrong behavior relating to ethics and following accepted rules of behavior that are morally right and good. 1. Research three to five (3-5) 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. Marketing is the total of activities involved in the transfer of goods from the producer or seller to the consumer or buyer. Advertising is the act or practice of calling public attention to one's product, service, need, etc., especially by paid announcements in newspapers and magazines, over radio or television, and on billboards. According to Mathenge,“Over the years, advertising and marketing communication messages have created a lot of debatable ethical issues, due to the public belief , that advertisements nowadays deeply affect...
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