...The most extensive connotation of the word “property” is that which encompasses the entirety of the legal rights, whatever their nature may be, to which a person is considered entitled. Property is a very unique right to a particular object which may be enforced against the whole world. In other words a property right is binding in rem. William Blackstone famously defined the term property to mean the “sole and despotic dominion which one man claims and exercises over the external things of the world, in total exclusion of the right of any other individual in the universe. This application of the term property may be simplified by stating that property is a right which enables the person possessing such right to exclude the world at large from the exploitation of such right. 1.1 Theories of Property There is considerable literature on the theories of property. Some of the theories that have been developed are reproduced hereunder. The Occupation theory is one of the oldest theories and it is based on the assumption that whoever discovers something will be entitled to its ownership. In other words the right to property is based on the original discovery and occupation. The Labour theory of property as propounded by John Locke provides that if man adds labour to anything that has been provided by God it entitles him to that particular thing. The Philosophical theory of property according to this theory the institution of property lies in the well being of the community as...
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...Justification of Protection of Intellectual Property vis-a-vis Trade Secrets PAPER V Submitted By: SARTHAK KAPILA ROLL NO. 48, P.G.D.,I.P.R. – 2014 Justification of Protection of Intellectual Property vis-a-vis Trade Secrets Intellectual property pertains to any original creation of human intellect such as artistic, literally, technical or scientific creation. Intellectual Property Rights (IPR) refers to the legal rights given by the State to the inventor/creator to protect his invention/creation for a certain period of time. These legal rights confer an exclusive right to the inventor/creator or his assignee to fully utilize his invention/creation for a given period of time. Countries have laws to protect intellectual property for two main reasons. One is to give statutory expression to the moral and economic rights of creators in their creations and the rights of the public in access to those creations. The second is to promote, as a deliberate act of Government policy, creativity and the dissemination and application of its results and to encourage fair trading which would contribute to economic and social development. The term ‘Intellectual Property’, denotes rights over intangible object of the person whose mental effort created it and refers to a loose cluster of legal doctrines that regulate the uses of different sorts of ideas and insignias. The subject matter of intellectual property is very wide and includes literary and artistic works, films, computer...
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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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... 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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...is so difficult to achieve? If you were working in the enforcement office of a fashion, design, etc… firm, what would you suggest in terms of enforcement measures? Name: Chengxi WANG Word Count: 1592 While artistic works such as books and music are entitled with delicate protection under IPRs, the situation is quite contrary in the fashion and luxury industry. The counterfeits as well as knock offs are rampant in the market and enormous economic damages are caused to the fashion companies. This essay is dedicated to investigate the reason behind the weak enforcement of IPRs in the industry. In the following paragraphs, the intrinsic nature of fashion and luxury industry as well as the specific legislative seams in the copyright, design patent, trademark and trade dress will be analysed to answer the question. Intrinsically, the lack of intellectual property protection in the fashion and luxury industry accelerates the production and dissemination of creativity. As opposed to the traditional point of view that artists and creators would not have incentives to design and create new works if their intellectual properties are constantly infringed without proper legal legislation and protection, the situation is not applied in the fashion and luxury industry. On the contrary, it is the lack of efficiency in IPRs that new ideas are provided the breeding ground to brew and grow (Cox & Jenkins, 2005; Barrère & Delabruyère, 2011). It is necessary for designers to borrow...
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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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...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 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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...Intellectual Property Theft in the Automotive Industry Scope, Trends, and Mitigating Strategies Table of Contents Introduction………………………………………………………………………………..3 Scope of Intellectual Property Theft………………………………………………………3 Intellectual Property Theft and China……………………………………………………..4 Intellectual Property Theft in the Automotive Industry…………………………………...5 The Subtle Pick-Off……………………………………………………………….5 Piracy and China’s Global Emergence…………..………………………………………..6 Consequences of IP Theft…………………………………………………………………7 Mitigating Strategies………………………………………………………………………7 The Autoweb Intellectual Property Exchange…………………………………………….8 Fusion-DX………………………...………………………………………………9 GlobalSource………………………………………………………………….…..9 Data Integration Services……………………………………………………….…9 GlobalSource...………………………………………………………………….…9 Integrated Translations…………………………………………………………….9 Autoweb Company Overview……………………………………………………10 Bibliography………………………………………………………..……………………11 www.autoweb.net 2 Introduction I ntellectual Property protection in the manufactured goods sector is not a new idea. Laws prohibiting manufactured goods counterfeiting and piracy activities existed as far back as the Middle Ages when bakers, artisans, and craftsmen used distinctive marks to distinguish their products and work from would-be counterfeiters. The general problems associated with modern day counterfeiting and intellectual property piracy have long been recognized, yet today’s high-tech economy has magnified the problem of...
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... PROTECTING INTELLECTUAL PROPERTY RIGHTS IN BANGLADESH: AN OVERVIEW S. M. Atia Naznin1 S. M. Atia Naznin (2011). Protecting Intellectual Property Rights in Bangladesh: an overview. Bangladesh Res. Pub. J. 6(1): 12-21. Retrieve from http://www.bdresearchpublications.com/admin/journal/upload/09251/09251.pdf Abstract In this era of globalization and rapid expansion of world economy, intellectual property and the corresponding rights over intellectual property are crucial to the economic, social and technological development of any country beyond doubt. Globalization also has made the Intellectual property rights a subject matter of international concern. All nations who want to promote and project their development in all aspects must protect the rights over intellectual property by granting legal veil through exclusive enactments. Realizing this fact, all industrialized nations and by now most developing countries of the world have enacted laws for the protection of ‘works of mind’. To comply with the international obligations Bangladesh also has introduced intellectual property rights protection system. This research paper explores to seek how enforcement mechanisms in Bangladesh are intrinsically precious, effective and thenceforth, worth in protecting the rights of IP holders. As an obvious flow of discussion the paper reiterates to look beyond the constraint and formulation of a comprehensive legal framework for IP protection. Key Words: Intellectual property, trademarks,...
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...1.Non-state actors especially businesses are more vocal in the design of policies that impact on the global economics. Businesses have the power to influence policies adopted that relate to engaging in trading around the globe ( Fusch, p2). The discursive power enables businesses to exert influence both in the public and in private sectors. Businesses can tailor their discursive powers to achieve diverse objectives relating to policy formulation (Fusch, p26) There are enormous changes in the global intellectual property regime that give the businesses a leeway to actively engage in international economics negotiations. The liberalization of knowledge through relaxed protection of the intellectual property works to the advantage of the businesses (Morin p3). The economic and political changes taking place around the world occasioned changes in the political roles. There is an evident decline in the roles of states in the international policing. The business enterprises are increasing taking over from governments in participating in the international economic policing (Fusch, p5). 2. A classic instance of collaboration among businesses was the formation of Basel II. Several bankers from different countries came together to influence the policies formulated around that time. The bankers came from the states that formed G10 at the time (Young, 2012, p665) The rise of academic communities successfully managed to advocate for the scrapping of the monopoly initially exhibited...
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...Intellectual Property What is intellectual property? What do intellectual property laws define? What are the categories of intellectual property protections? What international treaties are in place for protection of U.S. intellectual property? Intellectual property is any creation produced by a person’s mind that has some form of commercial value, such as brand names, films, literary works, and graphics. In addition, intellectual property laws define the rights of ownership to the creator of the intellectual property. For instance, organizations as well as individuals can claim ownership of creative ideas, much like physical property. However, protection varies depending upon which of the five categories the intellectual property belongs. The first category of intellectual property protection is copyrights, which provides the original author with exclusive rights to publish, produce, reproduce, and sell his or her work. The second category is patents, which prevents someone from using, selling, or producing an invention without the inventor’s explicit permission. The third category is trademarks, which identify specific goods or products and their trade origins, such as Duracell for batteries. The fourth category is service marks, which identify services. The final category of intellectual property is trade secrets, which are details that businesses keep secret to give them a competitive edge. Unfortunately, without intellectual property laws organizations and individuals...
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...Intellectual Property Protection is a very important because it protects innovation. Without the protection of ideas, people and business would not enjoy the full benefits of their creations. Intellectually property piracy is threat to all businesses, not just the ones located in the United States. Institutions like the World Trade Organization (WTO) and World Intellectual Property Organization (WIPO) advocate for better protection of intellectual property. These organizations help companies’ combat intellectual piracy. The main vehicle is intellectual property rights (IPR). Basically it gives registered owners of inventions, literary works, artistic works, symbols, names, designs and images, the right to say how their property is used. IPR’s are limited because not every company accepts the various agreements that protect IPR’s. Besides working with the WTO and WIPO companies should proactively work toward countering violations of their intellectual property. If it is cost effective, acquiring legal counsel that specializes in Intellectual Property Law should be considered. With or without legal counsel, the following are some of the courses of action that businesses and managers can take to help protect their intellectual property. Register - Companies and individuals should register their Intellectual Property (IP) with the United States government and the governments abroad that the company or individual wishes to do business. In addition, countries should register...
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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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...activities is piracy, which has been a plague for most production organizations and individuals as it prevents them from reaping the full benefit of their work. For the giant corporations, the impact might be minimal but for small and medium businesses with less financial power, this could be quite detrimental as it can cut away a great portion of their expected income. In this paper, I will discuss how the global system can be an enabler for illegal activities whether it is cyber-terrorism or piracy of intellectual properties. The focus will be placed on piracy and how it can affects the small and medium enterprises and the legal measures that are being implemented on an international level as well as on the U.S national level to deter it. Works Cited: • Andrés, A. R., & Asongu, S. A. (2013). Fighting Software Piracy: Which GovernanceTools Matter in Africa?. Discusses how the role of government in reinforcing laws protecting intellectual property right and how a key factor such as corruption can affect the government attempts at controlling piracy especially in developing countries. • McManis, C. R. & Pelletier, J. S. (2012). Two Tales of a Treaty Revisited: The Proposed Anti-Counterfeiting...
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