...having a violation of the rights of others and having an unjust treatment. * Unfairness basically is against the rule of ethics. It destroys the artist’s reputation instantly. For example : TRADEMARK INFRINGEMENT (trademark is a word, name, symbol, or other device that used to prevent consumer confusion.) A beverage manufacturer could not adopt the mark “Koka – Kola”, because although this mark is spelled differently from famous “Coca – Cola” mark, it is still pronounced the same. Laws on Unfairness. * Design Law – The main purpose of design law is to protect the design element of industrial production and to promote innovative activity in the field of industries. (Confers upon the owner of a protected industrial design, the right to prevent third parties not having his consent from making, selling or importing articles bearing or embodying a design which is a copy, or substantially a copy, of the protected design when such acts are undertaken for commercial purposes. Overview of Design Law is design was once described as “intelligence made visible” (Le Corbusier). According the Registered Designs Act 1949 ‘design’ means the appearance of the whole or part of a product resulting from the features of, in particular, the lines, containers, colours, shape, texture and/or materials of the product itself and/or its ornamentation. An effective design will inevitably be copied, thus intellectual property plays...
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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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...Law/531 January 9, 2012 Ayodeji Badaki Riordan Corporate Compliance Plan As an international plastics manufacturer employing 550 workers and $46 million in projected annual revenues, Riordan Manufacturing Corporation is focused providing customer product solutions and promoting a climate that focuses on the long term viability of the company. An important part of providing customer product solutions is being able to establish long term relationships with clients. This means that the company strives for transparency and ethics in it business dealings with all stakeholders. In the changing, fast moving and global business world today, it is essential that officers and directors are equipped with the resources to analyze and make decisions quickly. Equally important is the ability to assess and mitigate the risks associated with doing business both locally and abroad. This corporate compliance plan serves as the formal written document that outlines the process Riordan uses to both establish and maintain compliance with all applicable federal, state, local and international laws. Legal liabilities of Officers and Directors Riordan is committed to creating a corporation of well informed and properly supported employees that will provide a climate focused on the long term viability of the company (Riordan mission). In order to meet this commitment, it is essential that the officers and directors work to emulate this commitment in decision making and treatment of the...
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...On May 12, 2011, senators in the U.S. senate proposed a bill entitled “Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act of 2011”, otherwise known as the Protect IP Act. The goal of the legislation is to protect American intellectual property owners from theft and piracy online. The Protect IP Act will grant the U.S. Attorney General and corporations the power to sue owners and operators of U.S.-based websites that they believe to be in violation, and to perform what is known as an “in rem” action (“an action against property without involving the owner”) against websites where the owner is not American or cannot be located. At the expense of legitimate commerce, the bill takes an overreaching approach to policing the internet, which can be seen as a serious breach of corporate security and individual privacy. Not only is the internet used as a tool for free speech and global communication, it is also the very lifeline of many corporations that do business stretching across the globe. The Protect IP Act would give “rights holders” the means to prevent the U.S. public from accessing websites that are believed to be violating intellectual property rights. Two other major groups are affected by the legislation: online financial transaction providers (the best known example would be PayPal) and online advertising services. E-commerce providers would be forced to stop all payments and transfers of funds being made to or by American customers...
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...1. What were some of the challenges that RIM faced to protect its intellectual property, and how did RIM handle those challenges? The following are two challenges that RIM had to face and how they handled those challenges: a. Employees at RIM: If you are an RIM employee with a company Blackberry, everything you say and do with that phone is property of RIM. According to Tindal (2009), employees at RIM are aware that the purpose of having a business phone is to conduct business; therefore, anything that is said or done on the company phone is recorded and considered property of RIM. Robin Bienfait, CIO, states if you want to have a private conversation, it is recommended that employees carry their own personal phone. b. RIM vs. NTP: This was a unique situation for RIM that could have been avoided had RIM licensed and patented their property early on when company was relatively new. According to Hickey (2006), in November 2001, NTP Inc. filed a patent infringement suit against RIM in federal court. In November 2002, a Federal jury sided with NTP and awarded NTP $23.1 million in damages against RIM. The damages represented 5.7% of RIM’s sales. In May 2003, the U.S. District Court raised the royalty rate from 5.7% to 8.55% of RIM’s sales and also issued an injunction that could shut down Blackberry in the United States. RIM responded by appealing the decision. Unfortunately for RIM, the Appeals Court sided with NTP. Since RIM was not willing to take a chance...
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... LEG500 13 Legal and Ethical Considerations in Marketing, Product Safety and Intellectual Property PharmaCare, week10 Assignment LEG500, Law, Ethics, and Corporate Governance Strayer University LEG500 13 Legal and Ethical Considerations in Marketing, Product Safety and Intellectual Property PharmaCare, week10 Assignment Review of PharmaCARE/CompCARE To first establish whom each entity is; PharmaCare is one of the world’s most successful pharmaceutical companies. A compassionate, decent well operated business that manufactured high-quality goods that saved millions of lives and increased the condition of life for millions of others. PharmaCare designed a top-selling diabetic medication that could have reduced the progression of Alzheimer’s disease; their pharmacist began reformulating the drug to increase the effect. CompCARE came into being in order to steer clear of FDA investigation; PharmaCARE created a wholly owned establishment, CompCARE, to function as a compounding pharmacy to sell the new creation to people on a prescription basis. CompCARE set up business in an upscale administrative center near its main corporate office, and to conserve money and time, did a quick, low cost makeover and appointed a man by the name of Allen Jones to run the operations’ clean room. * Research three to five ethical issues relating to marketing and advertising, intellectual property, and regulations of product safety. Ethics and Corporate Responsibility in the Work...
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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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...engineering documents and intellectual property including engineering and process patents shall be transferred to the new entity. C. All real-state assets shall remain in the current Yeats legal entity (land and buildings) D. All facilities will be leased back to the new TSEYEATS LLC entity by the original skeleton of Yeats Corporation. E. Capital Lease value will be based on a 30 year amortization schedule and 7.5% per year interest rate F. Cash payment of $92.5 Million for all assets to be transferred to TSE, as described in items A through E G. Yeats bonus payment: $350K total bonus to be paid over a period of 5 years in 5 installments of $70K H. No layoffs for 18 months with ability to relocate labor as needed across organization. First refusal right granted to YVC employees 3. Form of Consideration: A. Cash: $92.5 million for selected YVC assets B. TSE Stock: N/A C. Notes: N/A D. Other: Capital Lease of current Yates Facilities E. Total per Share: N/A 4. Proposed Closing Date: A. Closing to take place in 90 days pending on due-diligence due to start on the day this instrument is executed 5. Conditions Precedent to Closing: A. Main representations made by Yeats to be verified during the due-diligence period: 1. Yates is unaware of any existing liability related to defective product or manufacturing process 2. No Labor union pending suits or know non-compliance with labor regulations 3. No known violation of Intellectual Property and/or Patent Law and regulations ...
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...liability Riordan currently maintains a corporate compliance plan. However, the company should improve the governance system to manage, control, and protect the company stakeholder’s assets efficiently against potential legal threats. Riordan should implement a strong corporate governance meeting structure that will allow conformance and compliance of new regulations and legal requirements. The implementation of procedures and corporate policies will help the employees to focus and will prevent compliance violations. Both officers and employees must comply with applicable laws and guidelines provided in the corporate policies. Regular reviews of the following governance committees will help to manage the liability of the directors and officers. Some examples of governance committees that could be implemented include ethics, legal and contract, labor relations, risk, export control, security, quality, technology, patents and intellectual property. These Governance Committees will provide an oversight and will ensure compliance with relevant legislations. The compliance program goal is to protect Riordan, its...
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...the prohibition of Article 101 or 102 requires providing some relevant definitions of basic concepts in the competition law area and explanation of the potential legal relationship between parties in this agreement. First of all, the held agreement between the parties is a typical example of the relationship between intellectual property rights (IPRs) and competition law. In fact, the agreement is a technology transfer one since it is about putting and licensing patents in a technological product (5Gmobile telephone platform). The process of setting up different patents together in order to produce one technological product is defined as a technology pooling. Second, there are some circumstances where patents pool can be caught in violation of EU Competition Law. In addition, there are some anticompetitive and precompetitive effects of such process as it will be explained. Relationship between intellectual property rights and competition law In this case the agreement is related to patents rights which is one of the main types of the intellectual property rights. In fact, understanding the circumstances in which an agreement as in this given case could be in violation with the European Competition law provision requires explaining the mechanism which both of them work together in one legal system. The relationship between IPRs and competition law could look as a contradictory or conflicting one from a superficial view, while they are playing a complementary role to each other to...
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...Corporate Compliance Plan A corporate compliance plan makes good business sense. Not only does it make good business sense, but it is also a requirement to be listed on the stock exchange. Riordan Manufacturing is a Fortune 1000 company which is wholly owned by Riordan Industries. Riordan is located in San Jose, California. Riordan Manufacturing is the industry leader in the field of plastic injection molding. With more than $1 billion in revenues and annual earnings of approximately $46 million it is imperative that Riordan Manufacturing have a compliance plan in place. Legal Liability of Officers and Directors Officers and directors of Riordan Manufacturing have a duty to exercise due diligence in overseeing the activities of the organization that they serve. Following the policies and procedures implemented in the formation of the organization is important to how smoothly the organization runs. There are three basic duties officers and directors have: duty of diligence, duty of loyalty, and duty of obedience. Duty of diligence requires that they act reasonably, in good faith and in the organization’s best interest; duty of loyalty requires that they place the interest of the organization before themselves; and duty of obedience requires them to act within the rules and laws. Officers and directors who fail to follow these three responsibilities can be held personally liable for their own actions as well as the actions of others or the organization. They can face fines or...
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...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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...Riordan Corporate Compliance Plan Learning Team B Veronica Garcia Maribel Rojas Lorena Soto LAW/531 July 23, 2012 Roger Rodriguez Abstract The use of university resources and materials allows teach team members to create Riordan’s Corporate Compliance Plan. In the compliance plan students address the lawful responsibility of Riordan’s executives and presents solutions to situations, which laws have been violated and consequently propose corrective actions. Moreover, the compliance plan study includes relevant information, which further discusses Riordan’s enterprise liability, real, and intellectual property, the governance principles of regulatory compliance as well as international laws or aspects of such that Riordan must adhere to. Riordan Corporate Compliance Plan Riordan’s corporate compliance plan is not only essential but also critical to be in compliance with rules and regulations. The main focus of a corporate plan is essentially to focus on how the lawful responsibility of the executives of Riordan will manage and address situations that may arise. The compliance plan will also focus on what decisions need to take position when laws are not in compliance, when legal council is important and will establish what rights employees have and who individuals may turn to when actions are taken against the organization. Riordan Manufacturing has executed a business fulfillment plan designed accordingly to the organization’s areas...
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...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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...Running head: CORPORATE COMPLIANCE PLAN 1 Corporate Compliance Plan Business Law/ LAW 531 MJ Meade June 25, 2011 Judge Gregory P. Holder CORPORATE COMPLIANCE PLAN 2 Corporate Compliance Plan for Riordan Manufacturing Date: June 25, 2011 To: Riordan Executive Officers and directors Subject: Corporate Compliance The Board of Directors and the Chief Executive Officer of Riordan Manufacturing are devoted to ensure high ethical standards and compliance with the laws in all areas and services provided by Riordan Manufacturing. To guarantee operations are conducted, in agreement with the laws and the uppermost of ethical principles, a compliance plan is put in place and required to be enforced. Company Overview and Structure Riordan Manufacturing is an international plastic manufacturing company with more than 500 employees and our headquarters are in San Jose, California. Our goods include plastic beverage containers created in the Albany, Georgia plant. Custom plastic parts are produced at the plant in Pontiac, Michigan, and plastic fan parts are produced at our new amenities in Hangzhou, China. Our company's research and development is conducted at the corporate headquarters in San Jose. Riordan's major customers are automotive parts manufacturers, aircraft manufacturers, the Department of Defense, beverage makers, and bottlers...
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