...The idea of establishing a licensing program for procreation is not a new idea. This idea has been brought up many times, and has persuasive arguments on both sides. These arguments range from basic human rights on the side against to instances of neglect and abuse on the pro side of the concept. This has to potential to be a highly controversial subject if it were ever to be brought to a political light. Licensing is required in many professional fields, as well as for many activities. Generally licensing is required for tasks and professions that could potentially be dangerous or life-threatening if it is done incorrectly. The professions of doctors, lawyers, welders, electricians, air traffic controllers, pilots, and countless other fields require licensing and certification in order to practice. Similarly licenses are required to drive a vehicle, operate a HAM radio, SCUBA dive, and many other recreational activities due to the potential to threaten the lives of the person doing these activities as well as those around him or her. Parenting has a similar responsibility, and holds the life health of a child in their hands; however anyone is allowed to procreate without any sort of prequalification. There can be many arguments made against the idea of requiring a license in order to have and raise a child. The foremost of these arguments is that having and raising children is a basic human right. On the religious side, it is a commandment that people be fruitful...
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...First Response Discuss licensing statutes and the effect they have on contracts made by an unlicensed person. Distinguish between regulatory licensing statutes and revenue raising licensing statutes. The answer is contained in Chapter 11. A licensing statue requires that a person or company have a license from the government prior to engaging in their occupation or activity. All states have this requirement that applies to professions such as construction, engineers/ architects, hair dressers, CPA’s, doctors, nurses. The person or company applying for these licenses are required to show they have the proper schooling, experience and moral character. The licensee may also have to take a written examination before they are given this license. At work one of my responsibilities is to ensure that we have the proper permits/licensing for each state we perform work in. I have recently renewed licenses in 5 different states and can attest that on all of the license applications they request the schooling, experience and moral character information for all owners of a company (along with a 100 hundred other requirements) For example on the license application to be a General Contractor in SC moral character questions include; • Have you ever had a license, certification or registration cancelled, surrendered, revoked, suspended, restricted or disciplined by any federal, state or local authority or contracted without a proper license? If yes, attach explanation and give current...
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...The accuser may be more interested in developing newer and better versions of its product instead of getting a onetime payout. Collaboration will save both parties time and money by avoiding a long and expensive court case. It will also benefit both parties to share research and new ideas (Laudon, 2012). Nokia and HTC are a recent example of collaborations as they entered “into a collaboration agreement to provide access to each other’s patented technology to explore future projects” (Shankar, 2014). Working together will provide our business with new innovations making us more competitive. New innovations will develop an opportunity for new registered patents to our company, providing a defense system for possible future law suits. Licensing fees and royalties from new innovations will be collected by both parties creating new revenue. Avoiding court, continuing to grow and collecting revenue makes for a much more favorable scenario. Unfortunately most infringement lawsuits are made by patent trolls. They are companies created solely to hoard patents and using them for the purpose of getting a payout. They sue multiple...
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...Loyola Law School (Los Angeles) Legal Studies Paper No. 2005-18 August 2005 Facilitating Compulsory Licensing under TRIPS in Response to the AIDS Crisis in Developing Countries Professor Hans Henrik Lidgard Professor Jeffery Atik This paper can be downloaded without charge from the Social Science Research Network (SSRN) electronic library at: http://ssrn.com/abstract=794228 FACILITATING COMPULSORY LICENSING UNDER TRIPS IN RESPONSE TO THE AIDS CRISIS IN DEVELOPING COUNTRIES Hans Henrik Lidgard and Jeffery Atik1 Abstract The AIDS crisis in the developing world has become a priority for international collaboration. The challenge is to find a balance between the acknowledged need to protect large investments expended in developing new medicines and the goal of providing essential medicines to poor countries. Patent protection must prevent undue infringement yet at the same time allow solutions to humanitarian needs. Is compulsory licensing a way out? TRIPS originally restricted compulsory manufacturing licenses to the country experiencing a public health emergency – which was of little utility to countries lacking manufacturing capacity. The Doha agreement effectively permits twinned compulsory licensing – a distribution and use license in countries experiencing a public health emergency and a manufacturing-for-export license in countries possessing appropriate manufacturing capacity. These changes make possible, at least in principle, a greater source of supply of generic pharmaceuticals...
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...EXCLUSIVE RAGNAROK LICENSE AND DISTRIBUTION AGREEMENT This Exclusive License and Distribution Agreement (“Agreement”) is made and entered into as of the 1st day of December, 2015 (“Effective Date”), by and between Gravity Co., Ltd., a corporation duly organized and existing under the laws of the Republic of Korea (“Korea”) and having its principle office at 15F, Nuritkum Square Business Tower, 1605, Sangam-Dong, Mapo-Gu, Seoul, Korea (“Licensor”), and Riot Games, Inc., operates as a subsidiary of Tencent Holdings Limited, and a Delaware corporation with its principal office at 2450 Broadway Street, Suite 100, Santa Monica, CA 90404 (“Licensee”). . RECITALS WHEREAS, Licensor has developed, and owns all rights in massively multiplayer battle arena “Glades of Gallant” (“Game”); WHEREAS, Licensee desires to enter into an exclusive license agreement with Licensor under the mutual terms and conditions specified herein pursuant to which Licensee will make the Game available to End Users in the Territory specified below; and WHEREAS , Licensor desires to grant such license to Licensee under the mutual terms and conditions herein, specified below. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein and for other good and valuable consideration, the Parties hereto agree as follows: ARTICLE 1: DEFINITIONS The terms defined in this Article shall have the meaning ascribed to them herein whenever they are used in this Agreement,...
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...Case Study 1 - Amgen Evaluate Amgen’s patenting strategy. What are its strengths, what are its weaknesses? Amgen is a multinational biopharmaceutical company, one of the world's largest biotechnology firms in the world. Amgen's first product was its breakthrough with recombinant human erythropoetin (EPO) as a treatment for anemia. It was crucial for the company to do all within its power to protect its intellectual property (IP). For this purpose Amgen's patent strategy included filling for three separate patents which would cover all its bases including the final product, starting material and the process. The first and most important patent the company filed was for the final product, recombinant human EPO. This patent is the strongest way to protect its IP as it prevents competitors producing, using, marketing, selling and importing the final product allowing exclusivity to Amgen. The drawback of this patent is the difficulty to achieve and sustain it. In order to receive a final product patent the company must prove that its product is innovative. If the final product has been described or published previously in any form this can be used as grounds to reject the request for the patent as it is considered prior art. Moreover it can be used to revoke the patent once received. Since EPO is a purified human protein most likely discovered previously in its naturally occurring form it will be very difficult for Amgen to patent it. The second patent that the company filled...
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...Humans must take responsibility. In this day and age, procreating without responsibility is by far one of the most dangerous downfalls of the human race. Taking care of a child is a massive responsibility and requires a lot of patience. In life, parenting is deemed as one of the most demanding along with challenging jobs out there. It is very difficult to quit and also very easy to get. Being a parent is a job that you can’t bow out of and you get absolutely no pay for it. A lot of people, if not, most are poorly prepared to take on the role of being a parent. Imposing parenting licenses could develop into a great turn around in the parenting society. Licenses are issued and widely needed for many different things such as serving liquor, driving, hunting and even to go fishing! [1] Issuing a parenting license not only makes one accountable for his/her own actions but it also makes one think about the long run and what they are truly getting themselves into. If a person wants a child bad enough then why not go through the paces? Children should be treated with the up-most care because after all; they are the leaders of the future. Taking strict measurements on people who chose to have kids will help lessen the amount of child neglect. There are many children that are abused and neglected while other children are stuck living a miserable lifestyle in orphanages with no families to show them how it truly feels to be loved and nurtured. [2] Unwanted kids have a tendency to grow...
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...red HAt enterprise LinuX subscription Guide subscription Guide Table of ConTenTs Introduction How IT organizations benefit from subscriptions What is included in your Red Hat subscription? Support for the production environment Subscription packaging model Assembling your subscription order Sample worksheet 1: Provisioning physical servers Sample worksheet 2: Adding guests to a virtual environment Sample worksheet 3: Setting up a virtual environment Subscription scenarios and recommendations Physical production environment Sample worksheet 4: Setting up a physical, mission-critical production environment Virtual production environment Sample worksheet 5: Calculating subscriptions for guests Sample worksheet 6: Calculating subscriptions for Red Hat Enterprise Linux on virtual environments Open hybrid cloud Sample worksheet 7: Calculating subscriptions for a private cloud Public cloud access subscriptions Sample worksheet 8: Calculating subscriptions for a public cloud Disaster recovery Development environment Desktops and workstations Managing subscriptions Renewing subscriptions Subscription terms facebook.com/redhatinc @redhatnews linkedin.com/company/red-hat 2 3 3 5 6 8 9 9 9 10 10 11 11 12 13 13 14 14 14 14 15 15 16 17 17 redhat.com System coverage Support services levels Proper use of subscriptions and services Next steps Registering on the Red Hat Customer Portal Activating subscriptions Downloading software Entitling subscriptions Red Hat Enterprise Linux...
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...What were some of the challenges that RIM faced to protect its intellectual property, and how did RIM handle those challenges? RIM’s success in the industry of wireless technology, more specifically, the e-mail wireless communications, made the organization’s intellectual property a prime target for adversaries that were not involved in the technological innovation industry, but for patent holding firms that were sitting in the background waiting patiently for a big fish to fall prey of their treachery. The success of these patent holding firms in the patent infringement litigation arena opened the gates for RIM’s industry competitors to scavenge from the patent holding company prey. Some of the challenges RIM faced to protect their intellectual property ignited a myriad of legal battles that wounded the Blackberry giant fatally from which RIM never recovered totally to this date. Below are summaries of litigation battles that originated after RIM, amongst other companies, decided to ignore a licensee contract agreement proposed by a Virginia based holding company in the year 2000. The US intellectual property holding company that sent the memorandum notice to RIM as well as to other technology companies and initiated the downfall of RIM was New Technology Products (NTP). 1. New Technology Products (NTP) Vs. Research in Motion (RIM) In 2001, NTP, an intellectual property holding company of at least 50 US patents, which focused on inventions in the fields of wireless...
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...SCOPE OF STANDARD ESSENTIAL PATENTS AND THER RELATION WITH FRAND (FAIR , REASONABLE AND NON DISCRIMINATORY TERMS) SUBMITTED BY : ALIFAH AHMAD TABLE OF CONTENT Topic | Page No. | 1. Introduction | 3 | 2. Litigation relating to SEP | 5 | 3. Standard Essential Patent and their relevance to FRAND | 9 | 4. USA’s and EU’s approach to Standard Essential Patents | 11 | 5. India’s approach to Standard Essential Patents | 12 | 6. Conclusion | 12 | INTRODUCTION Indian jurisprudence on fair, reasonable, and nondiscriminatory (FRAND) licensing practices for standard-essential patents (SEPs) is at a relatively nascent stage. Unlike U.S. and EU courts, which have dealt with cases concerning calculating a FRAND royalty for a considerable time, Indian courts and the Indian antitrust authority—the Competition Commission of India (CCI)—have only just begun to decide such cases. In its initial orders in the first two antitrust complaints concerning SEPs, the CCI seemed to favor using the smallest salable patent-practicing component (SSPPC) as the royalty base to determine a FRAND royalty. However, in the short time since the CCI’s orders, the Delhi High Court has rendered contrary decisions in two SEP infringement suits. The Delhi High Court’s decisions use the value of the downstream product as a royalty base and rely on comparable licenses to determine a FRAND royalty. The Delhi High Court’s decisions are not only consistent with sound economic principles...
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...Mr tedster Wayne Schuller managed a warehouse in Minnetonka, Minnesota. His major concern was the number of workers to assign to his single unloading dock. After he began contracting with motor carriers for deliveries, he found that they were assessing him stiff penalties if their trucks had wait time to be unloaded. Wayne started adding larger crews at the unloading dock, but often, they seemed idle because there were no trucks to unload. Wayne recalled from college that queuing theory might be applicable to such a problem. The theory of queuing is an analysis of the probabilities associated with waiting in line, assuming that orders, customers, and so on arrive in some pattern (often a random pattern) to stand in line. A common situation is that on the average, a facility may have excess capacity, but oftentimes, it is more than full, with a backlog of work to be done. Often, this backlog has costs associated with it, including penalties to be paid or customers who walk away rather than wait. If a firm expands its capacity to reduce waiting times, then its costs go up and must be paid even when the facility is idle. Queuing theory is used to find the best level of capacity, the one that minimizes the costs of providing a service and the costs of those waiting to use the service. After some further research specific to his firm, Wayne determined the following facts. 1. Trucks arrive randomly at the average rate of four per hour, with a deviation of plus or minus...
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...11/14/12 Vedic way to eradicate corruption LONG AGO A NASTY REPORTER CONFRONTED THE Indian Iron Lady, Indira Gandhi, who had dismembered Pakistan, with the rampant corruption at almost all levels of administration. Indeed indirectly she shouldered the responsibility of overseeing the governance of a big nation with a large and diverse population. She deftly brushed aside the loaded question by a swipe of her hand accompanied by a short sentence that Corruption was a global phenomenon. How true and how false. Undoubtedly large amounts of cash changed hands in big offices in Japan for granting favours illegally and resigning when caught in the act. Same was the case with the developed countries of the West. But India walked away with the cake in being submerged inb corruption from top to toe in all walks of life. How is it now, one may ask. Well, the situation on the corruption front has gone from bad to worse. Now under the present regime at the Centre, headed by the same Congress party to which Indira Gandhi belonged, there is a scam a day, There is hardly a Minister of the government who is not directly or indirectly involved in a scam. So, no one can claim that he or she is more pious than the Pope. No one is in a position to exercise the right of throwing the first stone at the sinner because all are sinners and sailing in the same boat. WHAT IS CORRUPTION The dishonest or illegal behavior of people in authority for granting favours for a consideration is termed...
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...Queuing Theory Significance There is a very significant reason why Queuing Theory exists. Not only does it apply to a wide variety of topic, many within the business and supply chain industries, it also helps prove cause and effect. In addition to this, it provides a very logical idea of what a solution to a problem it has discovered should be. Measuring and understanding both order rate and service rate can potentially be the difference between business success and business failure. For example, if a company has too slow of a service rate, it is going to lose business because of the long wait times. On the opposite end of the spectrum, if a company focuses too much on improving its service rate instead of understanding its ratio compared to order rate, it will be misusing its very valuable resources. It is also important to have knowledge of all different types of queuing systems. Importance of Queuing Configuration As one can imagine, the importance of a queuing system configuration is very significant as well. As stated above, there are several different types of queuing systems and queuing configurations. If a business uses an improper queuing system or queuing configuration, it can suffer from one of many different negative consequences. Some examples of different types of queuing systems/queuing configurations are First Come First Served, First In First Out, Round Robin, Service in Random order, and many more. Queuing systems and configurations also vary by the number...
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...A REPORT ON “ROYALTY Payments in industries” Submitted by: Niraj Kumar Agrawal NF121312 A report submitted in partial fulfillment of the requirements of PGP – FM Program of National Institute of Financial Management Sector – 48, Pali Road, Faridabad, Haryana – 121 001 Faculty Guide Dr. A. M. Sherry Acknowledgements I express my deep sense of gratitude to my Faculty guide Dr. A.M.Sherry. He is intellectual person and an expert in his field of taxation. He has got a very rich experience into field of Accounting & Taxation; He has done eminent in the field of taxation. He has been constant source of guidance and inspiration behind the ideas employed in the study. The project could only be completed through the little that I could borrow from the vast sea of his knowledge in this field. I have indeed no formal words to acknowledge the valuable guidance and co-operation extended by him during the project work. I am also thankful to my colleagues for helping me successfully conducting data mining. I extend my gratifications to Mr.Sumit Gupta for his support in collecting the data thru various sites. NIRAJ KUMAR AGRAWAL Roll No: NF121329 Course: PGP - FM Declaration I hereby declare that this project work entitled “Royalty payments by industries“ has been done by me during the academic year 2012-13 under the guidance of my faculty guide Dr. A.M. Sherry ...
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...August 2011 I realized recently that we may be able to solve part of the patent problem without waiting for the government. I've never been 100% sure whether patents help or hinder technological progress. When I was a kid I thought they helped. I thought they protected inventors from having their ideas stolen by big companies. Maybe that was truer in the past, when more things were physical. But regardless of whether patents are in general a good thing, there do seem to be bad ways of using them. And since bad uses of patents seem to be increasing, there is an increasing call for patent reform. The problem with patent reform is that it has to go through the government. That tends to be slow. But recently I realized we can also attack the problem downstream. As well as pinching off the stream of patents at the point where they're issued, we may in some cases be able to pinch it off at the point where they're used. One way of using patents that clearly does not encourage innovation is when established companies with bad products use patents to suppress small competitors with good products. This is the type of abuse we may be able to decrease without having to go through the government. The way to do it is to get the companies that are above pulling this sort of trick to pledge publicly not to. Then the ones that won't make such a pledge will be very conspicuous. Potential employees won't want to work for them. And investors, too, will be able to see that they're the...
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