...www.thetimes100.co.uk Intellectual property rights and entrepreneurship Introduction People have ideas all the time. In business, new ideas can lead to new products and services. They can lead to a better way of doing something. Ideas can come from existing businesses through research and development. For example, Apple, an established technology company, developed the iPod. Many ideas come from entrepreneurs who go on to start up new businesses. Ideas generate value to the economy by encouraging people to buy or invest in new developments. They also inspire competitors to invent new products in order to regain market share. Intellectual property rights (IPR) can be used to protect the technology, brand name, design and creativity behind the concept. It gives the creator sole ownership of the concept, in a similar way to owning physical property like a house or car. Owners can control the use of their intellectual property to gain financial reward. The UK Intellectual Property Office (UK IPO) helps owners and entrepreneurs to protect their concepts or creativity by registering their intellectual property rights CURRICULUM TOPICS • Entrepreneurship • Enterprise • Types of business • Innovation GLOSSARY Research and development: processes that involve investigating new ideas for products and taking them forward to be test marketed. Entrepreneurs: people who use their ideas and energies to invest in a business in return for profits. Value: how much money something could...
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...Intellectual Property and Developing Countries Intellectual Property and Developing Countries The World Intellectual Property Organization (WIPO) describes Intellectual property (IP) as creations of the mind: inventions, literary and artistic works, and symbols, names, images, and designs used in commerce. Because Intellectual property is not physical, it poses some difficulty when trying to establish and enforce laws to protect it. The most common ways of protecting Intellectual property are done through patents, trademark and copyrights. Patents and trademark laws protect inventions, trademarks industrial designs, and geographic indications of source (i.e. symbols that specifically distinguish the source of goods); and copyright laws cover literary works, choreography, novels, paintings and architectural designs. Although it is a somewhat controversial issue, I have found that it is very necessary for developing countries to have customized intellectual property laws. These laws will aid in efficiently accessing and sharing of research and technological information, increased innovation, and present a more enticing environment for Foreign Domestic Investments (FDI). Although greatly debated, in the biotechnology and the pharmaceutical industry, strong intellectual property rights are very important and can literally save lives. In China alone stronger IPR laws that prevent counterfeiting could save as many an astronomical number of lives each year. The World Health...
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...Delicate Balance Of Intellectual Property And Access Economics Essay Health is a human right and intellectual property must not become overemphasized at the expense of human life. There is a delicate balance between the human rights of HIV/AIDS sufferers and the economic, political, and human rights of corporate citizens to protect intellectual property within the pharmaceutical industry. This essay intends to answer the six questions related to the In-Depth Integrative Case 1.2 and highlight the global rights conflict of between a developing country’s fight to confront the AIDS epidemic and intellectual property protection. Delicate Balance Of Intellectual Property And Access To Medication Introduction When the South African Medicines Act was introduced it quickly resulted in battle lines being drawn between patent rights and public health. While all parties acknowledged the scope of the AIDS crisis, how to go about solving the problem became the subject of significant moral and legal debate (Halbert, 2012). Case Study Review In the case study Pharmaceutical companies, intellectual property, and the global AIDS epidemic, there are a number of questions to review. First, do pharmaceutical companies have responsibility to distribute drugs for free or at low cost in developing countries? What are the arguments for and against such an approach? There are socio-economic responsibilities of businesses and pharmaceutical companies have responsibility to distribute drugs for free...
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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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...Case Study Analysis Property Issues Learning Team A Law/531 8/25/2014 Craige Harrison IRAC Issue: The issue brought before the Texas Court of Appeals is that the Tarhan’s bought property form the Mettlen’s and the Mettlens claimed that they retained the mineral intrests in the property. The Trahans believe that the interests were, or should have been, part of the transaction. The Trahans filed lawsuit in December of 2010 for the mineral intests more than 4 years later. The Mettlens filed a motion for summary judgment claiming that the lawsuit was time-barred by the applicable four year statute of limitation. The court found that the satute of limitations barred the Trahans lawsuit and judgment to the Mettlens. So the question is: is the four year limitation period applicable to the Trahans cause of action was tolled or otherwise rendered inapplicable by the facts and circumstances of the case and for how long. Rule: Discovery Rule for Fraudulent Concealment Analysis: The contract states that just after the description of the property the mineral, oil and gas and liquid that may be produced are products of the grantors. That there was no evidence of the Merrlens attempting to hinder the Trahans from reading the deed or that they attempted to hinder the Trahans Conclusion: It was found that the warranty deed conveying title to the Trahans contains a clear and unambiguous reservation of mineral rights. The discovery rule for fraudulent concealment tolls the running...
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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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...Contents List of abbreviations 2 Index of Authorities 3 List of Statutes 3 List of Cases 3 Aim of the study 4 Review of literature 4 Research Methodology: 4 Hypothesis: 4 INTRODUCTION 5 Intellectual Property Rights and policy 6 Competition Law and Policy 7 CONFLICT BETWEEN IPR AND COMPETITION LAW 9 INDIAN SCENARIO 14 Analysis of Judgments 16 CONCLUSION 20 BIBLIOGRAPHY 21 List of abbreviations AIR - All India Reporter CCI – Competition Commission of India US – United States of America Del – Delhi Bom - Bombay SC – Supreme Court IPR – Intellectual Property Rights GI – Geographical Indication Index of Authorities List of Statutes * The Competition Act; 2002. * The Copyright Act, 1957. * The Patents Act, 1970. * The Trade and Merchandise Marks Act, 1958 or the Trade Marks Act, 1999. * The Geographical Indications of Goods (Registration and Protection) Act, 1999. * The Designs Act, 2000. * The Semi-conductor Integrated Circuits Layout-Design Act, 2000. List of Cases * FICCI Multiplex Association of India v United Producers/Distributers Forum (case No 1 of 2009, CCI) * Reliance Big entertainment Ltd v Karnataka Film Chamber of Commerce, Case No 25 2010. * Microfibres Inc v Giridhar, 128 (2006) DLT 238. * Amir Khan Production Pvt Ltd v Union of India, 2010(112) Bom L R 3778 * Kingfisher v CCI writ petition no 1785 of 2009. * Manju Bharadwaj v ZEE Telefilms Ltd (1996) 20 CLA 229. ...
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...| Dewey, Chetum, and Howe | Memo To: Dewey, Chetum, and Howe | | From: | XXXXX | cc: | Dewey, Chetum, and Howe | Date: | December 4, 2015 | Re: | PharmaCare (John) | | | As requested, I am writing this memo to provide details about a case that has been brought before us at Dewey, Chetum, and Howe. John, a past pharmacist at PharmaCARE, came into the firm with apprehensions of PharmaCARE’s usage of AD23, the establishment’s number one selling diabetes drug. A few years ago PharmaCARE’s study showed the AD23 would also slow the advancement of Alzheimer’s disease. This led John and the other pharmacologists that he led to reformulate the drug to capitalize on its outcome. To evade the Food and Drug Administration’s (FDA) inspection, PharmaCARE founded an exclusively held company, CompCARE, to function as a compounding pharmacy. This company would retail the new invention to people by prescription only. CompCARE profited from PharmaCARE’s standing, records, systems, and trades and marketing skill, and within several months the health community was talking about AD23. Response was good, mainly amongst Medicare, Medicaid, and Veterans Affairs patients. Realizing the chance to get additional income, CompCARE started marketing AD23 straight to customers and promoting AD23 right to clinics, hospitals, and physician offices, although compounding pharmacies are not allowed to market medicines in large qualities for common use. To dodge this provision, CompCARE pushed...
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...was to analyze the conflict of intellectual property between both pharmaceutical research firms located in New Zealand and Venezuela. Specific objectives were to identify whether there exists any agreement on Intellectual property agreement between Venezuela and New Zealand, determine if the conference paper constitutes a piece of intellectual property and determine how to handle the situation with the two employees. Research found that New Zealand and Venezuela are parties to various international agreements. The report makes recommendations on what step to take should the firm be guilty of intellectual property infringement, dealing with the two employees involved in the research and putting a process in place to avoid such occurrence. In addition the report recommends re-circulating of the non disclosure agreement and the firm's contract of employment around the organisation to be read and signed again by all employees. INTRODUCTION Intellectual property rights are the rights given to people over the creations of their minds; inventions, literary and artistic works, and symbols, names, images, and designs used in commerce. Intellectual property relates to items of information or knowledge, which can be incorporated in tangible objects at the same time in an unlimited number of copies at different locations anywhere in the world. Intellectual property rights are also characterized by certain limitations, such as limited duration in the case of copyright and patents. Countries...
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...An Analysis of SOPA and its Influence on the Internet, Business and Consumer Engagement Table of Contents Introduction………………………………………………………………………….3 International Approach…………………………………………...…………….8 MegaUpload Case Study…………………………………………...…………… Pros: SOPA…………………………………………...……………………………… Cons: SOPA…………………………………………...……………………………… Ethical Considerations……………………………………………...…………… Conclusion…………………………………………...………………………………. 1 Introduction The mid 1990s were the genesis of the Internet as know and use it today. It’s immersion into every day culture and commerce, revolutionized the way we communicate and acquire information. Today, the Internet is a worldwide platform in which discussion forums, blogs and social networks dictate much of the culture of today’s society. The communication infrastructure of the Internet is one of the fastest growing in history. It’s big boom came in the late 1990s when it is estimated that traffic grew by “100 percent per year, while the mean annual growth in the number of Internet users was thought to be between 20% and 50%.”1 Experts agree that this extraordinary growth is mainly attributed to the lack of a watchdog in a virtually free space that lives in an intangible world, as is the case with the set of communication protocols that we call the Internet. The deficiency of a central administration allows the network to grow free and organically. In addition, the nonpropriety open nature on ...
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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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...International trade issues in China Intellectual Property Rights (IPR) issues United States business and government representatives have voiced out on growing concern of the economic losses suffered by U.S. firms which are the impact from the invasion of intellectual property rights (IPR) in China for example cyber attacks. U.S. innovation and the intellectual property that is generated by such activities have been cited by various economists as a critical source of U.S. economic growth and global competitiveness. For example, according to the Department of Commerce, in 2010, U.S. Intellectual Property intensive industries supported at least 40 million jobs and contributed $5.1 trillion to U.S. gross domestic product (GDP). A study by NDP Consulting estimated that in 2008, workers in IP-intensive production earned 60% more than workers at similar levels in non-IP industries. A study on the Apple iPod concluded that Apple's innovation in developing and engineering the iPod and its ability to source most of its production to low-cost countries, such as China, have helped enable it to become a highly competitive and profitable firm as well as a creator of high-paying jobs such as engineers engaged in the design of Apple products in the United States. Lack of effective and consistent protection of Intellectual Property Right (IPR) has been cited by U.S. firms as one of the most significant problems they face in doing business in China. Besides that, U.S. firms have expressed concern...
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...to do a case study about intellectual property. So in this assignment, first I will through the definition of intellectual property to talk about what it is; after this I will discuss about what are the purpose why some countries have to protect its intellectual property; and then, I will through a recent litigation between Huawei and Cisco to show how important is the intellectual property for a companies. After that, I will analyses the current situation of intellectual property protection in China; and then, I will list some recommendations for China, in order to improve the intellectual property protection. At last, I will take my conclusion of the intellectual property protection. About intellectual Property “Intellectual property”, this term was first proposed by the French scholar Karp Niyazov in the mid-17th century; after that it develop by the famous Belgian jurist Picardy, and Picardy defined it as “the right of every intellectual activity”. Until after the “world intellectual property organization” convention in 1967, this term became gradually use in the whole world. The intellectual property basically means that people has the exclusive rights on their intellectual labor by law. Usually, the intellectual property can be divided into two types of industrial property and copyright. The industrial property includes inventions (patents), logo, industrial designs and trademarks; copyright includes artistic works literary. Actually, intellectual property is an intangible...
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...Safety, and Intellectual Property Wanda T. Diggs Professor William Stone Law, Ethics and Corporate Governance – LEG-500 March 18, 2014 Abstract The PharmaCARE scenario is a case study based on a real life tragedy. Corporate corruption is alive and well and, as this case proves, unethical corporations will break the law for extra profit. Utilitarian ethics should be considered when in the business of providing consumable products to the public. Unfortunately, there are pharmaceutical corporations operating in the U.S. who are not abiding by the law and who are endangering public safety. Introduction This case study involves a pharmaceutical company that violated the intellectual property rights of a foreign nation; violated state compounding regulations, and violated product safety laws. The company established a compounding pharmacy to mass-produce a new drug formulation that executives believed would earn huge profits. The most disturbing aspect of this case is that there was a tremendous loss of life as a result of the company’s decisions. The federal government has granted authority to the Food and Drug Administration (FDA) to ensure drugs are safe for human consumption. Today, the FDA faces obstacles relating to lack of oversight control, funding, and human resources needed to provide adequate oversight over compounding pharmacies. This paper covers a broad-brush of ethical and legal issues relating to the PharmaCARE case study. The aspects of this case provide...
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...What is the significance of Research Skills and Academic Integrity for successful study in Higher Education? Academic studies require a vast amount of research. This essay will cover the importance of research skills aspects in academic development, to avoid any misconduct and not be accused of cheating, such as plagiarism and collusion. Scholars studying in higher education must have intellectual honesty also known as academic integrity. This helps pupils on being more ready when operating as an independent thinker and help one develop skills such as referencing, citation and as you absorb information, paraphrase ideas and quote the words of other researcher in the academic environment. Business students require research skills because it provides them opportunity to develop and improve. Examples including their abilities to check significance of developing research skills; find proper date resources for use in business study and practice. Obtaining information from many sources at times is difficult; the data obtained has to be correct and collected from sources which are reliable and valid. When conducting research, information can be collected from different sources such as historic documents, artistic work or even the use of own personal gathered data by investigation or observation. Since data sourcing methods are different we can categories them by where it’s accessed from either by primary or secondary data. According to Booth et al (2008) defines “Primary data as...
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