...Article Review-E-Business and Intellectual Property LaTanga Washington Law/421 January 21, 2013 Dr. Thomas Wilson Abstract There are two important resources for small-business owners and they are time and money. When the subject of intellectual property comes up, most business owner’s run the other way. Business owner’s see pictures of lawyers and they use that as an excuse to not to talk about the topic, for reasoning that that is a problem for big companies to worry about. There is one problem, the rise of competition through the internet and global market, knowing the meaning and understanding intellectual property it’s more critical than ever for small-business. ( Dahl, 2009 ). The primary legal mechanisms for protecting intellectual property are patents, copyright, trademark, know-how, trade secret, and mask works. There are other forms of intellectual property such as know-how may have considerable commercial value but they do not have any particular protection under the law, except in the case of contracts between parties that specifically refer to such intellectual property. The Internet has completely reshaped customer relationships. The transformation began with the dot-com boom, which spawned a new type of company whose entire business model was predicated on Web acceptance and usage. These companies -- Yahoo, Amazon, eBay and Google -- took advantage of the Web in all aspects of their business. Soon, traditional "brick-and-mortar" enterprises realized that...
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...Article Review Danielle Carr Law 421 January 27, 2014 Abstract This paper will be a review about an article. Also it will assess the different types of legal protections for intellectual property. It will analyze the legal issues of e-business. That will include intellectual property, privacy. Ethics, and security. Article Review This paper will be a review about an article. It will assess the different types of legal protections for intellectual property. It will analyze the legal issues of e-business. With that it will also include intellectual property, privacy. Ethics, and security. This article is about Apple and their history of legal disputes between Apple, the computer company, and Apple, the Beatles’ record company. The disputes were about the same thing every time and that was their similar logos. The two companies have gone to court twice for this before. They went to court in 1981 and in 1991. They are now going back to court saying that the computer company is over stepping its bounds of the agreement that has been made. There are four types of intellectual properties. The types are copyrights, patents, trademarks, and trade secrets. “A patent grants property rights on inventions, allowing the patent holder to exclude others from making, selling or using the invention. A trademark is a word, phrase, symbol, or design that distinguishes the source of the goods of one business from its competitors. A trade secret is a formula, process, device, or other business...
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...Article Review: Intellectual Property Oscar Thompson LAW/421 December 12, 2015 Barry Preston Article Review: Intellectual Property In this article it clearly speaks about infringement on the part of Google, Inc. Google being a fortune 500 company and having their hand in all different aspects the company tends to get sued quite a bit. The article speaks on how there has been multiple counts of trademark violations in keywords, created ideals, and sponsor links. The article goes into more detail about a specific case that took place in a United States Court of Appeals, where the plaintiff, “Hyperphrase held two business patents related to some systems and methods that linked online records. The technical process used by these systems and methods is similar to the one used by Google through its "AdSense" and "AutoLink" methods.” (Google v. Hyperphrase, 2007) The Issue The legal business issue raised in the article is that of trademark infringement that would also be considered a theft of intellectual property. Being that Hyperphrase feels that Google has demonstrated deceptive business practice they feel resolving the matter in a court of law is the only to prevent further damages. “This intriguing case so far has two significant juridical teachings. First, we learned that business patents and its electronic use are slowly but steadily becoming the object of intellectual property litigation. For the time being, this litigation is centered...
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...Article Review In today’s business world, the use of technology has changed how transactions take place between consumers and businesses. The capability to do business on the Internet has opened the gates for companies to grow at faster rates by making products and services available to consumers on demand. Although the Internet has allowed quick expansion to many business sectors, the growth of such capabilities has also presented a different set of issues. Protecting intellectual property for these types of business transactions has proven to be challenging. Common types of intellectual property protection include copyright, trademarks, patents, industrial design rights, trade dress, and in some jurisdictions trade secrets. Legislatures have educated themselves with priority, on the differences in commerce and e-commerce. The following article review will reveal what is becoming more apparent as consumers persistently demand instaneous e-commerce products and services. Intellectual-property Protection Opens Path for E-commerce One of the fastest growing e-commerce businesses today is the sale of music, documents, software,and other forms of intellectual property. Vendors of such products are faced with how to protect this intellectual property that they are selling over the internet from people who copy, forward, or resell without authorization. This is...
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...Article Review Warren Combs LAW/421 April 15, 2013 Article Review In today’s business world, the use of technology has changed how transactions take place between consumers and businesses. The capability to do business on the Internet has opened the gates for companies to grow at faster rates by making available to consumers, products, and services on demand. Although the Internet has allowed quick expansion too many business sectors, the growth of such capabilities has also presented a different set of issues. Protecting intellectual property for these types of business transactions has proven to be more challenging than the startup of e-commerce trade. Legislatures have begun to educate themselves with priority, on the differences in commerce and e-commerce; but the effects from lack of proper ethics and security has caused many lawmakers to scramble for answers. The following article review will reveal what is becoming more apparent as consumers persistently demand e-commerce products and services. Video Streams into the Mainstream The widespread adoption of streaming video on the Internet has become the major frontier for online multimedia. Graphics, animation, and audio technologies have proliferated on the Internet for years. Streaming video—in which viewers can begin watching content almost as soon as it starts downloading—is developed as a mainstream technology (Lawton, 2013). The portion of US companies using streaming media has doubled, from...
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...Article Review Richard Holt LAW/421 August 26, 2013 C.J. Hughes . The article focused on patents in e-business and intellectual property. Patents are important when running an e-business. This is so because it is on an open market and the competition may be from any location. E-business should be aware that patents might not automatically cover new invention. Before opening an e-business potential owners should research e-business patent laws (Mello, 2002). They should be aware of domestic and international laws. Understanding general patents will help e-business owners better understand e-business patents. Patents are only enforceable in the country which it is established. Therefore, e-business owners need to determine the different countries they may potentially go into business with so they can be protected (Mello, 2002). E-businesses are still fairly new and many laws still need to be updated to protect these types of businesses. E-businesses owners has to be more careful than traditional business owners as they are more prone to fraud and copyright infringement. In order to have a clear chain of title for intellectual property e-business owners should have employment contracts. Having employment contract that include clauses that protect the company’s information is very important in running an e-business. These clause need to clearly state that the employer is entitled to all intellectual property developed by employee during the course of their...
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...University of Phoenix Material Article Review Format Guide MEMORANDUM UNIVERSITY OF PHOENIX DATE: 11/10/2014 TO: Michael John FROM: Jaime Quintero RE: Apples Eat Themselves (Macklem, 2006) (Klodt, 2001) ARTICLE SYNOPSIS Despite the competitive social and economic benefits brought by modern technological advancements such as the internet, their continued growth in terms of capabilities and use in the society has brought notable challenges is the areas of rights protection. Of particular concern is the provision of reliable legal protection to internet-based innovations rights (Klodt, 2001). The argument provided by Macklem offers a strong insight into the complex nature of intellectual property right issues on the e-business arena. On the one hand, just like is the case in the physical world, the laws of our society acknowledges and provides for the protection of trademark rights as an intellectual property right in the internet world. LEGAL ISSUE In 1 to 3 sentences, identify the legal business issues raised in the article. This is evident from the previous successful court challenges filed by Apple, the Beatles' record company against Apple, the computer company over the use of the Apple domain. Indeed, previous court challenges on trademark rights witnessed the computer company incur substantial economic liabilities in addition to the entering into an agreement with the record company on the scope of their individual...
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...their intellectual property. In this review I will discuss the different types of and legal protections for intellectual property. Analyze the legal issues of e-business to include intellectual property, privacy, ethics, and security. Of many I find this one the most interesting. The trial ran from November 13 to November 20 and was about what rates Microsoft should pay the Motorola Mobility Division, for the its patented wireless technology. The agreement between them was that Microsoft alleges that Motorola promised to license its patents to Microsoft at a fair rate and that they did not feel the 4 billion a year Motorola wanted per year was not reasonable. Now because the trial involved “secret” intellectual property the judge cleared the courtroom everytime they spoke about these trade secrets. Then you must consider “the case between Microsoft and Motorola is one of many cases in which technology companies are concerned about confidential information being released to the public. Similar lawsuits involving Apple Inc, Samsung Electronics Co Ltd, Nokia and others have also requested the sealing of documents to protect trade secrets.” According to the article the judge needs to look at all of Motorola’s other deals to make sure the same kind of rate is being charged. If you are this it seems very fair. Although their contract is way to vague. They should have set such a huge deal undefined. I you are going to leave it up to reasonable. In close the intellectual property...
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...Class Policies: Attendance Policy Students are expected to attend all regularly scheduled classes. Should absences be necessary, students are responsible for the material covered during the absences. Faculty cannot grant requests for excessive amounts of make-up material, and they may request written documentation detailing the reason for the absences. Excessive absences make it almost impossible for a student to meet the academic objectives of a course; they frequently cause a student to receive a lower grade, even though, the absences were unavoidable. Strayer University requires all faculty members to take attendance during each class period and to record it accurately on their permanent roster. This data is available for verification of attendance by the appropriate governmental agencies and educational accrediting organizations. A student who is absent from four consecutive class meetings, excluding holidays and emergency cancellation of classes, will be withdrawn automatically from that course. A student will be withdrawn automatically from a mini-session course when he/she misses two consecutively scheduled class meetings. Students not attending scheduled on-ground classes will receive zero points for the weekly discussions. Students arriving to class (or leaving class) more than 30 minutes late/early will receive a 2 point deduction for all discussions. Students arriving (or leaving class) more than 1 hour late/early will receive a 5 point deduction for all...
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...Christopher Nieto Article Review Mr. Michael John 10-14-2013 Video Streams into the Mainstream The widespread adoption of streaming video on the Internet has become the major frontier for online multimedia. Graphics, animation, and audio technologies have proliferated on the Internet for years. Streaming video—in which viewers can begin watching content almost as soon as it starts downloading—is developed as a mainstream technology (Lawton, 2013). The portion of US companies using streaming media has doubled, from nine to 17%, since last year. According to IEE Computer Society, the factors that drove this trend was the increased adoption of broadband services that speed Internet access for users and the content providers simply able to speed the delivery process (pp. 12-17). The main three players are Apple’s QuickTime 4, Microsoft’s Windows Media 7, and RealNetworks’ RealVideo 8. Streaming video faces several key technical and business challenges. The key technical issues include Internet congestion, interoperability, and compression. Internet congestion slows the service for those with lower bandwidth connections. Interoperability becomes an issue because streaming-video technology has no standardization to become widespread for any user capability. Compression is an issue because data-compression algorithms are critical to providing quality video at lower transmission speeds (Lawton, 2013). The ramification from these issues starts with intellectual property, privacy, ethics...
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...Christopher Nieto Article Review Mr. Michael John 10-14-2013 Video Streams into the Mainstream The widespread adoption of streaming video on the Internet has become the major frontier for online multimedia. Graphics, animation, and audio technologies have proliferated on the Internet for years. Streaming video—in which viewers can begin watching content almost as soon as it starts downloading—is developed as a mainstream technology (Lawton, 2013). The portion of US companies using streaming media has doubled, from nine to 17%, since last year. According to IEE Computer Society, the factors that drove this trend was the increased adoption of broadband services that speed Internet access for users and the content providers simply able to speed the delivery process (pp. 12-17). The main three players are Apple’s QuickTime 4, Microsoft’s Windows Media 7, and RealNetworks’ RealVideo 8. Streaming video faces several key technical and business challenges. The key technical issues include Internet congestion, interoperability, and compression. Internet congestion slows the service for those with lower bandwidth connections. Interoperability becomes an issue because streaming-video technology has no standardization to become widespread for any user capability. Compression is an issue because data-compression algorithms are critical to providing quality video at lower transmission speeds (Lawton, 2013). The ramification from these issues starts with intellectual property, privacy, ethics...
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...Intellectual property rights drive innovation for the greater good Professor Kevin Fandl Legal -210 May 24, 2011 Are intellectual property rights necessary to help drive innovation? Offering protection under the law for one’s own idea or creation fuels interest for those to attempt to bring ideas to life. Some may feel that anything created to benefit society is part of an obligation to mankind. In addition, some feel that contributing to a society in which you are already privileged to live in should be reward enough. Both arguments for profit and simple recognition hold weight. My argument is that both are necessary to drive innovation in society, and that the individual has the right to be recognized and or to profit for any intellectual property they create. Intellectual property as described on the World Intellectual Property Organizations website is defined as, “Creations of the mind: inventions, literary and artistic works, and symbols, names, images, and designs used in commerce” (WIPO, 2011). There are two sections devoted to Intellectual Property industrial property and copyright material. Copyright material may include photographs, paintings’, and written songs for example. Industrial property refers to inventions, patents and trademarks. In the article, the Upside of Intellectual Property’s Downside two arguments are presented. Contrary to my argument that intellectual property does motivate innovation that benefits society, the article shades light on the...
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...Week 1: Business Ethics and International Responsibility - Lecture | | Print This Page | Introduction to Ethics and International Law Introduction | Business Ethics | Social Responsibility | Ethical Dilemma Resolution Models | Video – Business Ethics: An Oxymoron? | Practice Quiz | | Introduction | | The E in Enron definitely did not stand for ethics, but Enron and its contemporaries like Arthur Andersen, Tyco, and WorldCom altered the lives of thousands of people and shaped new laws regulating business. All topics covered in this course, from product liability to civil rights, from intellectual property rights to antitrust and consumer protection, will all make the same point. My goal is not to instruct a basic business law course but rather to create a dialogue involving questions and issues that each of our respective businesses must navigate successfully if they are ultimately to maximize stakeholder value. We will do this during Week 1 by covering our two most important TCOs: A and I. These will be foundational for the term. As TCO A is our ethics TCO and TCO I is our international TCO, note that both of these TCOs will be important under and inside each of our topical TCOs (e.g., contracts, environmental law, employment law, etc.) | | Business Ethics | | As we move through the course, each learned TCO should remain in the back of your mind. We will build on them while learning the law. As you will find, most of the TCO A ethical strategies...
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...xM&A Law Firm LEGAL GUIDE TO DOING BUSINESS IN CHINA CONTENT I. OVERVIEW ...................................1 II. FORMING A COMPANY IN CHINA ................................................................2 III. MERGERS AND ACQUISITIONS ................................................................8 IV. TAXATION ...................................12 2011.05 Address: 13th/14th F, Huamin Empire Plaza 726 West Yan An Road, 200050 Shanghai,China Tel: (8621) 52370950 I. OVERVIEW This guide provides foreign investors an overview of the laws and regulations governing business in mainland China. After 30 years law making and reform, in 2010s, China has already promulgated a body of written statutes governing commercial affairs, including company management, employment, making contract etc. There exists an even larger body of implementing regulations and circulars issued by governmental authorities. The law in China often evolves in a piecemeal fashion, with certain regulations applicable experimentally only in certain geographic regions or with the issuance of temporary “interim” regulations that nevertheless have the force of law. The written statutes and regulations are often pitched at a relatively high level of generality, leaving significant discretion to implementing officials. Questions of law are resolved generally directly by the administrative agencies in charge of enforcing those laws, rather than by the courts. V. EMPLOYMENT AND LABOR LAW ......................
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...Essay Topic: Briefly compare the political regime type in China and India. Which of the two would you prefer to do business in and why? (You may specify the type of business.) The Politic regime of a country is imposed to safeguard the interests of that country. However it can have the effect of limiting a country’s growth and development and can cause complications when attempting to do business within a country. China and India are two fast growing and very large countries with clear distinction in social and economic models as well as two very different politic regimes with their own unique characteristics. This essay will include a contrast look into the different political regimes in both China and India and the opportunities and threats of conducting business within these countries. The essay will focus on the different government regulations and control within the two nations as well as tax policy’s, intellectual property rights, and land and labour cost, concluding with which businesses would prefer potential foreign investment in each of these two nations. Political regimes as defined by (Kitschelt, 1992) are “the rules and basic political resource allocations according to which actors exercise authority by imposing and enforcing collective decisions on a bounded constituency”. The People’s Republic of China (PRC) formally a communist regime with Marxist ideologies until the economic reform in 1978 which lead them to a more modern socialism regime. The PRC operates...
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