...Intellectual Property Law Embry Riddle Aeronautical University Abstract Intellectual property law is vital to protecting the rights of creative individuals and their realized ideas. Most countries around the world protect the intellectual property of authors, inventors, and artists, in some similar form whether it is copyright, trademark, or other sources of protection. The topic of discussion herein explores intellectual property law in America and the protections afforded to unique works and their creators here at home. Research was conducted using web-based resources made accessible to the public by prestigious universities such as UC Berkley and Cornell. The findings revealed a substantial legal framework of protection for authors, creators, and inventors of industrial, literary, scientific, and artistic works. Rights Protected by Intellectual Property Law Intellectual property refers to creations of the human mind: inventions, literary and artistic works, symbols, names, images, and designs used in commerce. Exclusive rights protect the intellectual property and owners under corresponding categories of law. This law encompasses the legalities of copyrights, trademarks, patents, industrial design rights, and trade secrets. Legal property rights are defensible in a court of law, and are further defined by article 9 on the Uniform Commercial Code (U.C.C). To expand on creations of the human mind, intellectual property is further broken down into two categories:...
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...inventions and even innovations or improvement on their current properties. Some companies devise their formulas that have economic value as much as they would come up with new methods and processes. These inventions must not be used by any one wilily-nilly; this calls for laws to protect such innovations and intellectual properties. This has led to copyright laws and property or intellectual rights. A copyright law is a set of rules and regulations that protects a person or organization’s unique creation of invention or innovation against copying and abuse or other forms of illegal usage. The issue is that if a person has used his resources and expertise and knowledge to create a new item, no one must benefit from that item without the authorization of the inventor. In order to avoid illegal usage of another person’s property there is need for legislation to enforce compliance. The use of the property must be done with the authorization of the inventor or the creator. Some people want to be paid for the effort they would have put and the resources they would have used to come up with such an asset. Copyright laws are important because they regularize the usage of a person’s intellectual property. This is essential in business today. In the same category as the copyright laws is the intellectual property right. If there has not been property right and copyright organizations and people would use other people’s property without paying for it. That may also lead to tarnishing of other...
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...Zack Fellows Professor Gilliard English 1190 M/W 1200-155 How Patent and Copyright Laws are Contracting our Economy Patent and copyright laws have played a very intricate role in the United States economy all throughout our history. Most recently, they have played a very crucial role in protecting intellectual property, distinct types of creations of the mind for which a set of exclusive rights are recognized under corresponding fields of law. When the United States put into agreement the North American Free Trade Agreement(NAFTA) , and opened up a lot of our trade barriers with countries all of the world, the key idea was that we were going to begin to change the face of our economy. We were going to do this by profiting off of our intellectual property and enforcing our strong patent and copyright laws around the world while slowly ridding ourselves off our manufacturing base. As the years passed, patent and copyright applications soared through the roof and it seemed as if the idea of intellectual property was working very efficiently. Innovation seemed to be coming from everywhere as there was a high motive to be able to patent or copyright your idea and make heavy profits. This innovation was a crucial part in the rapid expansion of our economy during the 1990’s, but soon this expansion came to a halt. This is heavily due to the fact of the enormous number of patents and copyrights that are being issued: over 240,000 in 2010, which in turn is hindering people’s innovation...
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...Learning Team Reflection: Week 3 IRAC Brief Dipesh Mistry, Hala Alnajjar, Chad Salcido LAW 531 August 23, 2015 Jonathan McGovern Apple vs Samsung Patent Case – Intellectual and Digital Property Dispute Intellectual property consists of patent, copyrights and ideas of the mind. Methods of dealing with disputes arising from theft of intellectual property include the uniform trade secrets act, US patent and trademark office and no electronic theft act. Personal property is any tangible property that is attached to the land or building owned or movable items like furniture or a painting. Case Apple vs. Samsung is an intellectual property dispute due to the seven issuing patents that Apple owns the rights to. On April 15, 2011, Apple issued an official complaint stating: "Instead of pursuing independent product development, Samsung has chosen to slavishly copy Apple's innovative technology, distinctive user interfaces, and elegant and distinctive product and packaging design, in violation of Apple's valuable intellectual property rights" (Elmer-DeWitt, 2011). Issue The dispute is if Apple's patent case against Samsung is valid under US patent law. Currently, patents are awarded to the 'first to invent' rather than 'first to file' (Jaffe, Adam and Lerner, Josh. p. 38-43). This creates issues with the companies contesting that they created designs prior to alleged infringing devices being released. Samsung claims that the patents are abstract and non statutory...
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...Delicate Balance Of Intellectual Property And Access Economics Essay Health is a human right and intellectual property must not become overemphasized at the expense of human life. There is a delicate balance between the human rights of HIV/AIDS sufferers and the economic, political, and human rights of corporate citizens to protect intellectual property within the pharmaceutical industry. This essay intends to answer the six questions related to the In-Depth Integrative Case 1.2 and highlight the global rights conflict of between a developing country’s fight to confront the AIDS epidemic and intellectual property protection. Delicate Balance Of Intellectual Property And Access To Medication Introduction When the South African Medicines Act was introduced it quickly resulted in battle lines being drawn between patent rights and public health. While all parties acknowledged the scope of the AIDS crisis, how to go about solving the problem became the subject of significant moral and legal debate (Halbert, 2012). Case Study Review In the case study Pharmaceutical companies, intellectual property, and the global AIDS epidemic, there are a number of questions to review. First, do pharmaceutical companies have responsibility to distribute drugs for free or at low cost in developing countries? What are the arguments for and against such an approach? There are socio-economic responsibilities of businesses and pharmaceutical companies have responsibility to distribute drugs for free...
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...Community Rights and Geographical Indications Introduction The Concept of Community. The first step in considering the meaning of community is to understand that, fundamentally, it is a fluid concept. What one person calls a community may not match another person’s definition. A person may be a member of a community by choice, as with voluntary associations, or by virtue of their innate personal characteristics, such as age, gender, race, or ethnicity. As a result, individuals may belong to multiple communities at any one time. When initiating community engagement efforts, one must be aware of these complex associations in deciding which individuals to work within the targeted community. A community is a group of two or more people who have been able to accept and transcend their differences regardless of the diversity of their backgrounds (social, spiritual, educational, ethnic, economic, political, etc.) This enables them to communicate effectively and openly and to work together toward goals identified as being for their common good. The word community can refer to a specific group of people or it can describe a quality of relationship based on certain values and principles. A community is a group of all leaders who share equal responsibility for and commitment to maintaining its spirit. Community is reflective, contemplative and introspective. Communities may be viewed as systems composed of individual members and sectors that have a variety of distinct characteristics...
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...rights granted by the law to the author or creator of an original work, including the right to copy, distribute and adapt the work, except that it does not protect ideas, only their expression or fixation. Copyright laws are partially standardized through international and regional agreements such as the Bern Convention, the World Intellectual Property Organization, and the European copyright directives such as the Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations. Although there are consistencies among nations' copyright laws the latter one emphasizes the recognitions of moral rights of creators, such as the right to be credited for the work. In 1902 a law in Germany adapted which said that the approval of each author is required for every public performance of the musical work. The Society for Musical Performing and Mechanical Reproduction Rights (GEMA) was established as a collecting society representing the rights of the copyright of those composers, lyricists and publishers of musical works that are organized as a member in it. The task given to the Gema contains protection of intellectual property rights of music creators and the representation of their interests to get properly remunerated for the use of Truckenbrod, Baetcher 2 their works. The Scope of their jurisdiction pertains to the German Copyright which will be covered below. The German Copyright (Urheberrecht) is the area of law pertaining to the protection...
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...Intellectual Property: A Fight for Ideas Park University Intellectual property as defined by the Stanford Encyclopedia of Philosophy “is generally characterized as non-physical property that is the product of original thought” (Moore). According to the World Intellectual Property Organization “the rights in relation to: literary, artistic and scientific works; the performance of performing artist, phonograms and broadcasts; inventions in all fields of human endeavor; scientific discoveries; industrial designs; trademarks; service marks and commercial names and designations; and all other rights resulting from intellectual activity in the industrial, scientific, literary and artistic fields” ("Intellectual Property and Legal Services"). There is a distinct difference between traditional property laws and intellectual property laws. Property laws would give rights to the sole owner of an object such as a car. When the owner is driving the car no one else can drive the car. In regards to intellectual property the law allows other individuals to make use of the idea or invention as long as they have met the requirements, usually in the form of payment for the right. The idea of protecting one’s ideas has deep reaching roots that stretch back to the 17th century. Philosopher John Locke promoted intellectual property law with his idea “that a person should enjoy the fruits of his labor” ("Intellectual Property and Legal Services"). Protection for ideas were spread throughout Europe...
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...The purpose of this outline is to identify and recognize the Tangible and Intellectual property rights significant to the Information Technology sector. The research should identify what the managers in that industry can do to protect the property rights of the organization, and what the managers in that industry should do to assure that the organization protects the intellectual property rights of others. This will require an understanding of tangible and intellectual property in general, plus research about the tangible and intellectual property issues in the selected industry. Tangible Properties that is significant in the Information Technology sector According to Webster and Dictionary.com Tangible is having actual physical existence, as real estate or chattels, and therefore capable of being assigned a value in monetary terms, capable of being touched, real or actual, rather than imaginary or visionary. According to LAW-531, rEsource Ch 16, Tangible property is the type of property we can see and touch. Delivery trucks, desks, computers, inventory, and the Building and land in which a business is located are all forms of tangible property. Information technology computer hardware includes computers components input keyboards, output screens or monitors, and peripherals including cables, scanners, surge protectors, optical drives, digital imaging equipment, printers, data processing equipment, Fax machines. The IT sector has much to offer in this category...
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...Lebanese International University Project Sadek Chahine 10830132 Masoud Al-Shaar 10731860 Ihab Sharaf Aldeen 10530251 Bassam Jaafar 10731383 Business Ethics Beirut Campus Dr Malek Nayfeh 2009 – 2010 Intellectual Property I. Description 1. Patents 2. Copyrights II. Identify Ethical issues involved 1. Global social justice 2. Utilitarian point of view 3. Materialization of intangibles III. Points of view 1. Public 2. Owners of rights 3. Government IV. Considering available alternatives 1. Tightening intellectual property 2. Letting loose intellectual property V. Consequences of the application of protection 1. Extensive protection consequences 2. Less protection consequences VI. Examples 1. World 2. Lebanon VII. Conclusion 1. Determining the facts Most discussions about intellectual property rights are focused on patents and copyright because, as long as they are rationalized, trademark rights are simple rights of identification that only benefit owners or copiers but not affect progress and are not regarded heavily as a beneficial creation for the community. Arguments for intellectual property protection include increased creation due to financial incentives which leads to economic growth, and possibly a wider and more efficient distribution. Arguments against it include criticism of its range and length, its infringement of freedom, restraining...
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... Leadership and Management Ayanna G Hawkins Argosy University Atlanta Professor Tebao March 11, 2015 Abstract Intellectual property is any product of the human intellect that the law protects from unauthorized use by others. The ownership of intellectual property inherently creates a limited monopoly in the protected property (Cornell University Law School, 2012). There are four categories that make up intellectual property. These include copyright, trademark, trade secrets and patent. There are numerous situations where intellectual property is compromised by users that do not follow guidelines regarding patent and trademark. In this paper, I will discuss how Normandale violated patent and trademark laws, while compromising their ethical and social responsibility. Introduction The legal system affords specific constitutional rights and safeguards for proprietors of property. Intellectual property (IP) includes creations used in commerce, such as inventions, works or art and literature, symbols and designs, and names and images (World Intellectual Property Organization, n.d.). The American Intellectual Property Law Association (AIPLA, 2015) explained that “federal patent, trademark and copyright laws and state trade secret laws” (para. 1) are the basis of IP protections and rights of owners. The AIPLA (2015) also noted, “In general, patents protect inventions of tangible things; copyrights...
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...Article Review Brandi Augustine Law 421 December 4, 2012 Stanley Santire The article discusses the policy of Italy towards intellectual property (IP) and e-commerce. Many foreign companies established licensing agreements with Italian companies. License often extends to export-quality and domestic goods in internationally competitive sectors. Businesses are advised to use contracts in regulating all relationships that delve on IP rights. Special IP courts have been created to resolve possible violations including piracy and counterfeiting. Italian law recognizes and protects all standard classes of intellectual property, including patents (industrial inventions, utility models, designs and models, plant varieties, semiconductor topographies), trademarks and service marks, and copyrights. The IP codes definition of intellectual property covers designations of origin and geographical indications, which reflect the definitions, set by the European Union. Registration does not provide protection of corporate confidential information, but the code states that using or revealing confidential corporate information to third parties is illegal. Italy has progressively strengthened penalties for counterfeiting in recent years. Law 99/2009 of August 3rd 2009 increased the fines and set prison terms for counterfeiting. Trademark counterfeiting became punishable with fines of and prison sentences of three months to six years. Earlier legislation only allowed confiscation of the counterfeit...
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...UNIVERSITY HCMC ---------***-------- MIDTERM PROJECT SUBJECT: INTELLECTUAL PROPERTY RIGHTS Major: External Economics IP AND THE PROMOTION OF BIODIVERSITY AND TRADITIONAL KNOWLEDGE AND BENEFIT SHARING WITH PROVIDERS COMMUNITIES Class: K53CLC3 – Group 6 Lecturer: Pham Thi Mai Khanh Ho Chi Minh City, February 2016 I GROUP MEMBERS No 1 2 3 4 5 6 Name Khúc Thị Kiều Thương Phạm Mỹ Tiên Trương Thủy Tiên Nguyễn Hoàng Minh Trâm Lương Gia Vĩ Ngô Nhật Vy ID 1401025125 1401025128 1401025129 1401025133 1401025159 1401025162 II TABLE OF CONTENTS INTRODUCTION ............................................................................................................................. 1 A. BACKGROUND ........................................................................................................................... 2 I. Overview of Intellectual Property ............................................................................................... 2 II. Overvew of Biodiversity ............................................................................................................ 2 III. Overview of Traditional Knowledge ....................................................................................... 4 B. CURRENT SCENERIO ................................................................................................................. 5 I. Intellectual Property in Today World ...............................................
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...[pic] Assignment on Intellectual Property Comparison Between Developed And Developing Countries. Submitted to Fahmida Hasan Senior Lecturer Department of Business Administration Submitted by |Name |ID | |Rajib Kundu |2010-2-10-329 | |Rakib Hasan Rabbi |2010-2-10-300 | |Razuan Ahmed |2010-2-10-071 | |Almahmud |2010-2-10-048 | |Showrav hasin |2010-2-10-074 | |S M Mostafizur Rahman |2010-1-10-092 | Section : 1 Course No : BUS 361 Course Name: Legal Environment of Business Transmittal Letter April 4,2013 Fahmida Hasan Senior Lecturer Department of Business Administration, East West University ...
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...on Intellectual Property Comparison Between Developed And Developing Country. Submitted to Fahmida Hasan Department of Business Administration Submitted by |Name |ID | |Rajib Kundu |2010-2-10-329 | |Rakib Hasan Rabbi |2010-2-10-300 | |Razuan Ahmed |2010-2-10-071 | |Almahmud |2010-2-10-048 | |Showrav hasin |2010-2-10-074 | |S M Mostafizur Rahman |2010-1-10-092 | Section : 1 Course No : BUS 361 Course Name: Transmittal Letter April 4,2013 Fahmida hasan Department of Business Administration, East West University Subject: Submission of an assignment on comparison of intellectual property...
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