...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: 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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...Coretta Brown Assignment 4: Legal and Ethical Considerations in Marketing, Product Safety, and Intellectual Property LEG500 August 25, 2014 Write an eight to ten (8-10) page paper in which you: http://www.insidebusiness360.com/index.php/ethical-issues-faced-by-marketers-18696/ Legal and ethical situations have been a topic in the business world since day one. Legal and ethical can sometimes be confusing in the work place if there are not rule and regulation to abide by in the organization. Legal is an act according to law, not in violation of law or anything related to the law. Ethical involving questions of right and wrong behavior relating to ethics and following accepted rules of behavior that are morally right and good. 1. Research three to five (3-5) 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. Marketing is the total of activities involved in the transfer of goods from the producer or seller to the consumer or buyer. Advertising is the act or practice of calling public attention to one's product, service, need, etc., especially by paid announcements in newspapers and magazines, over radio or television, and on billboards. According to Mathenge,“Over the years, advertising and marketing communication messages have created a lot of debatable ethical issues, due to the public belief , that advertisements...
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...According to Henry Cheeseman, the author of a textbook titled Business Law: Legal Environment, Online Commerce, Business Ethics, and International Issues, intellectual property accounts for over one-half of the value of large companies in the United States (131-132). On April 4th, 2018, an article written in the New York Times titled, “Tinder and Bumble are Seriously at War”, by Valeriya Safronova tells the story of two similar applications at war over intellectual property. Match Group, which owns dating applications and websites such as Tinder, Match.com, OkCupid, and Plenty of Fish, sued Bumble, another dating application, for violating its patents and trademarks, and for a misuse of trade secrets. Patents, trademarks, and trade secrets all fall under the category of intellectual property. Intellectual property is a term that describes “patents, copyrights, trademarks, and trade secrets. Federal and state laws protect intellectual property rights from misappropriation and infringement” (Cheeseman 131). Intellectual property falls under the category of property rights known as intangible rights, which are not physical objects. Intellectual property is very significant for companies in...
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...Ques. Briefly explain Intellectual Property Rights by taking 2 examples of any product/ formula etc. You can take Acts (Copyright Act, Design Act, Patent Act and Trademark Act) as an example. INTRODUCTION TO INTELLECTUAL PROPERTY Intellectual Property refers to creation of mind i.e. inventions, industrial designs for article, literary & artistic work, symbols etc. used in commerce. Intellectual property is divided into two categories: • Industrial property, which includes inventions (patents), trademarks, industrial designs, and geographic indications of source. • Copyright, which includes literary and artistic works such as novels, poems, plays, films and musical works etc. According to the TRIPS Agreement, the intellectual property has been classified into- • Patents, • Copyright, • Trade Marks, Trade Names • Industrial Designs, • Geographical Indications, • Layout Designs of Integrated Circuits, • Protection of Undisclosed Information/Trade Secrets. • Plant varieties 1. Patents Patents cover inventions. These can be utility patents, design patents, and plant patents. The process of filing for a patent can be time consuming, and somewhat costly. 2. Copyright Copyright protects intellectual property of a creative or artistic nature. Copyright often lasts 50 to 70 years after the creator's death. In some countries, your copyright must be registered to become effective. In the United States, copyright is established as soon as a work is...
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...Introduction Intellectual property is intangible property that can be made your own by law. This Law breaks up into these four areas. 1) Copyright- gives the person who is credited with the original work rights for its use and distribution. 2) Trademark- are symbols or words that are by law registered to be used by a product or company. 3) Patent- is the protections of an individual’s invention and the way its use. 4) Trade Secrets- A trade secret is a formula, practice, process, design, instrument, pattern, commercial method, or compilation of information not generally known or reasonably ascertainable by others by which a business can obtain an economic advantage over competitors or customers. Anything that can be confidential...
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...Running head: CYBER-ESPIONAGE AND INTELLECTUAL PROPERTY THEFT 1 Cyber-espionage and Intellectual Property (IP) theft: An overview of the rising threat and the potential responses by both the U. S. Government and U.S. Businesses Matthew Doyal Kennesaw State University Spring 2014 IS 8200 – Legal & Ethical Issues in IS CYBER-ESPIONAGE AND INTELLECTUAL PROPERTY THEFT Abstract 2 Society and business have become increasingly dependent upon data in the constantly connected world where everything that is said and done online leaves behind a massive ever-growing bread-crumb trail of information. With this ever larger quantity of data being transmitted on a range of devices as well as third party service providers being increasingly relied upon to store it; the threat of loss of confidential and sensitive data continues to expand exponentially (Online Trust Alliance, 2014, p. 3). “Breaches and data loss incidents have become a fact of life for organizations of every size and throughout the public and private sectors” (Online Trust Alliance, 2014, p. 4) making no organization immune. Given the growth of data and, therefore, data breaches the threat to the U.S. economy and individual U.S. businesses from trade secret theft is real and growing, therefore; a multi-pronged approach must be implemented by the public and private sectors alike. “Businesses must do their part to harden their cyber defenses, but the “take-home message here is that protecting IP from ‘them’ is an...
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...Running head: Trade Secrets Name Course Tutor Date Introduction Economic espionage occurs when an individual knowingly shares sensitive information that may lead to financial loss or loss of a comparative advantage of the owner. Trade secrets are a form of information, formula, procedures, techniques, or prototypes that the owner has taken reasonable efforts to protect. Trade secrets have an independent economic value regardless the form they are. Economic espionage is commercially motivated. A company, individual, or government uses illegal tactics to gain commercially valuable information about a competitor. Most economic espionage involves an employee in a company bribed by a competitor to share sensitive information. The increased use of the computer and the Internet makes computer hacking another common economic espionage. In extreme cases, a competitor may hire a gang to break into the rivals premises to steal or destroy information. Trade secrets There are many methods used to gather information about rivals. Some of the methods are legal, whereas others are not. A rival may use information available in the newspaper, company reports, patent applications, and the Internet to collect intelligence regarding the activities and plans of a company. The use of unethical methods to achieve competitive advantage is on the increase. Since 1985, economic espionage on American companies has increased by 260%. In most of the cases, the aim of the espionage is to...
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...Allison Morein BA 446 November 27, 2013 Mr. Drell Intellectual Property Since the beginning of time people have put their knowledge and creative to use to design all sorts of products. Since then, the creators have worked to protect their creations and ideas from others who want to take them. Creators have gone to great measures to protect their works. One famous, extreme case of this is of Shah Jahan, the emperor who built the Taj Mahal. Folklore has it that the emperor had the hands of his craftsmen cut off so that they could never create another monument such as that one. In today’s world we have laws to protect all types of intellectual property. Intellectual property is divided into four parts: patents, copyrights, trademarks, and trade secrets. A patent is defined as a government authority to an individual or organization conferring right or title, especially the sole right to make, use, or sell some invention. It grants property rights on inventions and excludes those other than the patent holder from making, selling, or using the invention. There are three types of patents: utility, design, and plant. A utility paten is the most common type and covers any process, machine, article of manufacture, or composition of matter. A design patent covers any new, original, and ornamental design for an article of manufacture. A plant patent covers any new variety of asexually produced plant. A design patent lasts 14 years while a utility or plant patent lasts 20 years...
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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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...Charles created a unique atmosphere over the years with specialty menu items, such as the popular “Pearl Lobster Roll with Shoestring Fries.” Rebecca filed a law suit against her former sous chef, Ed McFarland, alleging that he infringed on her restaurant identity. Furthermore, Rebecca claimed that Ed had a fiduciary obligation to keep the secrets of the business confidential and refrain from duplicating the recipes and identity of her restaurant. Rebecca further alleged that Ed tried to reproduce Pearl’s success on the upper east side of Manhattan by copying every element of her bar including the atmosphere, the furniture, the paint job and even the Caesar salad dressing. Any restaurant business should work to protect their intellectual property so as to avoid a situation similar to the one described in the critical incident. This restaurant has several issues that fall under Intellectual property which is a product of human intellect that is intangible but valuable in the marketplace. There are four major issues that impact Rebecca's organizational survivability in several different ways including trademarks, copyrights, patents, and trade secrets. Patent - method of cooking such as special oil for cooking the fries, a process of controlling inventory, a special stove used in the restaurant. There is no information in the case indicating that a special method or process has been used to cook any of the dishes prepared by Rebecca. Copyright - menu, specials list, names of...
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...WHO WE ARE: As a “hard Intellectual Property” law firm, Sherman Zarrabian LLP (SZ) specializes in the prosecution of patent applications, trademark applications, and copyright applications, as well as the licensing and litigation of patent, trademark, copyright and trade secret matters and transactions involving our clients and their business models. We strive to create legal strategies that protect your market, your business and your intellectual property assets. Our attorneys are required to have backgrounds in the hard sciences such as Electrical Engineering, Computer Science and Applied Mathematics and to be experts in their fields. In support of our experienced professionals, we have a team of highly trained and experienced paralegals...
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...Intellectual Property Clause Roddy Kelley ETH/321 03/16/16 Nelson Barnes Intellectual Property Clause Intellectual Property, or IP, is a broad term defining the intangible assets of a company. These assets may include special skills or talents, inventions, technologies such as software, relationships with customers or vendors, and brand identity. These examples of IP, and many more, are often among a company’s most valuable resources, and there are specific laws designed to protect them. Trade secrets, patents, trademarks, and copyrights define and control ownership rights to IP, and businesses further protect those rights by drafting IP clauses when they enter into contracts with individuals or other businesses. (Reed, Pagnattaro, Cahoy, Shedd, & Morehead, 2013). The purpose of an IP clause is to identify IP as it pertains to the respective contract, define authorized and/or unauthorized use(s), and incorporate this information into the original contract, which makes it legally binding (Connock, 1994). The following is an example of an IP clause: “Intellectual Property,” or “IP,” refers to the trade secrets, copyrights, trademarks, patents, and patentable ideas relating thereto of Developer, including but not limited to the know-how, inventions, technologies and technical data relating thereto, processes and methods of business operation, reports, manuals, other documentation and all information relating thereto, databases, pre-existing and future relationships...
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...In regards to the article above in which I have read and researched, it states that intellectual property is defined as “creations of the human mind.” Intellectual property rights are important to individuals, businesses, inventors, etc. The article discussed how intellectual property rights are legal rights which govern innovations. There are eight different types of intellectual properties which are all standardized by an agreement on Trade Related Aspects of Intellectual Property (TRIPS). The author examined each of the eight intellectual property rights. To sum it up, intellectual property rights are used to protect the distinctive creations of businesses and individuals. The legal business issue that is represented in this article is an agreement of the Trade-Related Aspects of Intellectual Property. Intellectual property can be sold, purchased, hired or licensed. In each of these aspects, the properties need to be protected so others do not steal or misuse the creations of businesses or individuals. Businesses and the like have rights to protect their most vital assets and prosper from their creations and business developments. The best way to do so is by obtaining a patent. This article discusses the options TRIPS can provide protection of intellectual rights. A patent gives the legal rights to products. Trademarks are used to protect symbols or labels which could be the life line of a business. Undisclosed information is used for protecting the businesses...
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...There are numerous ways to protect intellectual property; one such method is through trade secrets. Unlike patents which require the secret to be inventive or non-obvious, things such as customer lists, equations, and compilation of data (which aren't eligible for copyright or patent protection) can be protected through a trade secret. Granted, though, that the company assumes the costs associated with protecting the said secret. Whereas patents expire after 20 years, and all the designs/specifications are consequently available to the public domain, trade secrets can be protected for longer; this depends on the secret holders ability to adequately establish a framework to maintain secrecy and thereby protect the intellectual property. In the cases of Coca-Cola and KFC, the process of keeping trade secrets has benefited them greatly. Granted, though, they also use a symbiotic or symphonic combination of patents, trademarks, and copyrights to protect their overall product; no competitor has been able to completely replicate their products because the processes making the syrup (for Coca-Cola) or the method of mixing the spices (for KFC) has been a closely guarded trade secret. Had these companies patented these processes, they would have received initial protection for 20 years from anyone replicating it, but would have had these processes disclosed to the public after that. Whereas these companies have been in existence for a longer time, a patent for the processes wouldn't...
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