...August 23, 2015 Jonathan McGovern Apple vs Samsung Patent Case – Intellectual and Digital Property Dispute Intellectual property consists of patent, copyrights and ideas of the mind. Methods of dealing with disputes arising from theft of intellectual property include the uniform trade secrets act, US patent and trademark office and no electronic theft act. Personal property is any tangible property that is attached to the land or building owned or movable items like furniture or a painting. Case Apple vs. Samsung is an intellectual property dispute due to the seven issuing patents that Apple owns the rights to. On April 15, 2011, Apple issued an official complaint stating: "Instead of pursuing independent product development, Samsung has chosen to slavishly copy Apple's innovative technology, distinctive user interfaces, and elegant and distinctive product and packaging design, in violation of Apple's valuable intellectual property rights" (Elmer-DeWitt, 2011). Issue The dispute is if Apple's patent case against Samsung is valid under US patent law. Currently, patents are awarded to the 'first to invent' rather than 'first to file' (Jaffe, Adam and Lerner, Josh. p. 38-43). This creates issues with the companies contesting that they created designs prior to alleged infringing devices being released. Samsung claims that the patents are abstract and non statutory and that they are not embodied in something physical like a computer medium. The case began in 2011...
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...The Relationship between Principals and Agents in Business BUS311: Business Law I (BNJ1151A) Prof. Samantha Hodapp January 30, 2012 The Relationship between Principals and Agents in Business The relationship between a prinicipal and agent in business can and have been great; benefitting both parties involved while providing the best services or products to the consumer. Many businesses, or prinicipals, use an agent, such as an employee or sales representative, to represent the business when dealing with third-parties, also know as the consumer or client. For the sake of this writing this relationship will be based on the principal (A.O.I.), special agent(s) (sales representatives) and third-parties (clients). A special agent is a person delegated to act only in a particular transaction, under definite instructions, and with specific limits on the scope of his or her authority. (Liuzzo, 2009, pg. 259) An example in this case would be a sales representative who has authority to negotiate the price of a sale to a limit predetermined by the principal. Another example of prinicipal and agent relationships is GNC who argued that the conduct of McCreadies was sufficient to represent they had authority to enter a binding agreement on behalf of O2. McCreadies was hired by O2 to negotiate the terms of the contract and GPN argued that agents are commonly used to negotiate and enter into contracts and that O2 had at no time informed them of any restrictions of McCreadies’ authority...
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...parties. The trespass to chattels law cannot be correctly applied to internet-related property rights because this law is being incorrectly used and does not adequately address the concerns of internet property owners and the rights they seek to protect. The 19th Century trespass to chattels tort is being utilized in cyberspace to protect systems against unauthorized use in the same way it is used to protect tangible/physical property. This law was first used by internet service providers (ISPs) to fight against unsolicited bulk email or spam, which was being sent in excess over their networks and systems. However, it is becoming increasingly clear that the blanket application of this law to the internet has an adverse impact on the key function of the internet. Trespass to chattelslaw is now commonly used to fight against Robots (BOTs), which are automated programs that search the Internet. In many cases such as eBay v. Bidder’s edge, and Ticketmaster Corp. v. Tickets.com, this law was used to fight the ability of users to search the internet and of providers to present data to users. This ability to search and present data is the primary purpose of the internet, and the overbroad application of trespass to chattels law, without any form of modification or alteration, should not be used to protect internet property rights. Tresspass to Chattels is defined as the act of direct physical interference with chattel owned by someone else without lawful justification. To make...
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...1. Tangible vs intangible a. Tangible: physical assets (you can touch feel or see; and have value) b. Intangible: symbolic value (stocks, bonds, mortgages) 2. Differences between land and raw land a. Land: the earth that has improvements made to the land b. Raw land: larger area of land that does not include any improvements 3. Government influences on real estate: a. Eminent domain: can seize property for a price b. Police regulatory power: Police can enforce rules c. Building codes: strong buildings in hurricane weather, smoke detectors, etc. d. Taxation: they have the right to tax 4. What portion of US households own their home: Two-thirds 5. Property attributes: Location, school district, area surrounding the property 6. Buying and Selling Properties: a. Grantor: must be of legal age, must be legally competent, must sign deed b. Grantee: must be identified, no need to be competent, no need to be of legal of age 7. Bundle of rights: A set of legal rights afforded to the real estate title holder. The bundle of rights can include the right of possession (the property is owned by the title holder), the right of control (the owner controls the property's use), the right of exclusion (the holder can deny people access to the property), the right of enjoyment (the holder can use the property in any legal manner) and the right of disposition (the holder can buy or sell the property). 8. Fixtures: real property that was formally personal property (rules: manner...
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...Three IRAC Brief Case:DePuy Orthopaedics, Inc. v. Waxman. August 3, 2012. In the outlined case, DePuy is trying to sue one of their distributors Joint Venture for breach of a non-compete agreement. Under the non-compete covenant Joint Venture disclaim the rights to any of DePuy intangible assets, including intellectual property (IP), goodwill, and customer lists. DePuy claims that Joint Venture breached the non-compete agreement which caused a drop in sales and damaged their relationship with customers in the territories outlined within the agreement.Therefore, the legality of the contract enforced due to the breach of the non-compete agreement. According to Cheeseman 2013, “the section 2-201(1) statue of sales contracts of Uniform Commercial Code laws help prevent fraud like this case” (p. 171). To avoid this case by Depuy or any other companies’ managerial setting must specify agreements with language that is comprehensible by both parties in written valid contracts. Issue:Was there a breach to the contract, under that non-compete covenant between DePuy and Joint Venture? What kind of defenses do companies use to mitigate risk related to personal, real, or intellectual property (IP) issues? The main reason this case went to court is because of the breach of non-compete agreements by Joint Venture. DePuy outlined in the Amendment Agreementthat it had retained the sole right to enforce the non-compete covenants that Joint Venture had the right to enforce (Case). This means that...
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...BUS 393 – Final Review Chapter 2 – TORTS: * Tort: (private wrong = not criminal) an act that causes harm such as physical harm, harm to property or reputation, & gives the right to sue and to seek remedies (damages to compensate for loss) * Intent: it is not the intent to injure or harm but whether you deliberately intended the conduct or act that caused the injury (damages greater if can prove intent – includes punitive damages) * Vicarious Liability: you did not intend the harm but is responsible for someone else who did the harm – intentional or not (ex. Employers) * INTENTIONAL TORTS: * Battery: form of trespass to person – intentional physical interference – actual physical contact * Assault: threat to harm another (immediate & possible to carry out) * Defense: consent or self-defense * False imprisonment: complete restraint (physical or no physical = handcuffs) without authority – wrongdoer must have been caught committing a crime then private citizen can arrest. No false imprisonment where authority to arrest (ex. police) * Trespass: voluntary conduct without authority (ex. On land, someone throws something on land, building structure) * Nuisance: person using their property in a way to interfere with a neighbor’s use of property (ex. Fumes, noise, water) – must be reasonably foreseeable * Defamation: derogatory false statement – must clearly refer to the person suing – must be published (heard or read...
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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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...Bus 432/536 International and Global Marketing Management February 23, 2012 TABLE OF CONTENTS Section 1: Introduction 4 SECTION 2: SITUATION ANALYSIS 5-10 I. POLITICAL AND LEGAL CONDITIONS 5 A. POLITICAL IDEOLOGY 5 B. POLITICAL STABILITY 5 C. POLITICAL RISK 6 D. INTERNATIONAL TRADE BARRIERS 6 E. PROTECTION FOR INTELLECTUAL PROPERTY AND RIGHTS 6 F. PACKAGING AND LABELING REQUIREMENTS 8 G. PRICE CONTROLS 9 H. RESTRICTIONS ON PROMOTIONAL ACTIVITIES 10 II. ECONOMIC CONDITIONS 10- A. INCOME AND EMPLOYMENT 10 1. NATIONAL INCOME AND PRODUCT 10 2. PER CAPITA INCOME OR GDP PER CAPITA 10 3. REGIONAL ECONOMIC MEMBERSHIPS 11 4. ECONOMIC REFORMS/PRIVATIZATION 11 B. MONETARY 11 1. INFLATION RATE 11 2. FOREEIGN EXCHANGE RATE 11 a. MONETARY SYSTEM ADMINISTERED BY THE CENTRAL BANK 11 b. EXCHANGE RATE TRENDS 12 C. COMPETITION # 1. LOCAL PRODUCTION OF PRODUCT # 2. IMPORT OF PRODUCT OR SERVICES # 3. COMPETITORS # D. MARKETING FACILITIES # 1. PHYSICAL DISTRIBUTION FACILITES # 2. MARKETING INTERMEDIARIES # 3. ADVERTING MEDIA # E. INDUSTIRAL STRUCTURE # 1. PROSEPCTIVE INDUSTRIAL CUSTOMERS # 2. COMPLEMTATY PRODUCT OR SERVICE PROVIDERS # 3. SUBSITUTE PRODUCT PROVIDERS # III. SOCIAL AND CULTURAL CONDITIONS # A. CULTURAL ANALYSIS # B. PURCHASE BEHAVIOR # ...
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...National Law Institute University Tata Consultancy Services Vs. State of Andhra Pradesh AIR 2005 SC 371 Submitted to: Submitted by: Dr. Sanjay Kumar Yadav Ankit Premchandani Associate Professor 2010 B.A. LL.B. 40 Contents Facts 3 Legal History 3 Issue 4 Relevant Statutory Provisions 4 Andhra Pradesh General Sales Tax Act, 1957 4 Appellant’s Contentions 4 Respondent’s Contentions 6 Opinion of the Court 7 Question as to Interpretation 10 Decision 11 Comment 11 Facts * That Tata Consultancy Services (herein after the Appellants) provided consultancy services including Computer Consultancy Services. * Pre-manufactured software or Computer Software Packages off the shelf (canned software) is sold in the capacity of sub-licensees. (oracle, lotus etc.) * Further, as a part of the business, custom made software is also made and loaded on their customer’s computers. (hereinafter referred to as “uncanned software”) Legal History * In respect of the canned software the Commercial Tax Officer, Hyderabad, passed an order under the provisions of the Andhra Pradesh General Sales Tax Act, 1957 [hereinafter called 'the Act'] holding that the software are goods. The Commercial Tax Officer accordingly levied sales tax on this software. * The Appellate Deputy Commissioner of Commercial Taxes also held that the software were goods and liable to tax. However, the matter...
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...GLOSSARY – BLW 301 Segment 1 Chapter 2 Courts and Alternative Dispute Resolution jurisdiction | The authority of a court to hear and decide a specific action. | in personam jurisdiction | Court jurisdiction over the “person” involved in a legal action; personal jurisdiction | in rem jurisdiction | Court jurisdiction over a defendant’s property. | exclusive jurisdiction | Jurisdiction that exists when a case can be heard only in a particular court or type of court, such as a federal court or a state court | alternative dispute resolution (ADR) | The resolution of disputes in ways other than those involved in the traditional judicial process. Negotiation, mediation, and arbitration are forms of ADR. | arbitration | The settling of a dispute by submitting it to a disinterested third party (other than a court), who renders a decision. The decision may or may not be legally binding | mediation | A method of settling disputes outside of court by using the services of a neutral third party, called a mediator | arbitration clause | A clause in a contract that provides that, in the event of a dispute, the parties will submit the dispute to arbitration rather than litigate the dispute in court. | negotiation | A process in which parties attempt to settle their dispute without going to court, with or without attorneys to represent them. | award | In the context of arbitration, the arbitrator’s decision. | concurrent jurisdiction | Jurisdiction...
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...IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: SPECIAL BENCH: NEW DELHI BEFORE SHRI VIMALGANDHI, HON’BLE PRESIDENT SHRI I.P. BANSAL, JUDICIAL MEMBER AND SHRI R.C. SHARMA, ACCOUNTANT MEMBER ITA Nos. 5385 to 5387/Del/2004 Assessment Years : 2000-01 to 2002-03 ITA Nos.2623 & 2624/Del/2008 Assessment Years : 2003-04 & 2004-05 Vs. New Skies Satellites N.V., (Now known as New Skies Satellites B.V.) C/o Price Waterhouse Coopers Pvt. Ltd., Sucheta Bhawan, 11-A, Vishnu Digambar Marg, New Delhi. PAN : AABCN7763R (Appellant) Assessee by Revenue by : : (Respondent) Shri M.S. Syali, Sr. Advocate, Shri Tarandeep Singh, CA & Shri Sandeep Puri, CA Shri Y.K. Kapoor, Standing Counsel & Shri Kanan Kapoor, Advocate Assistant Director of Income Tax, International Taxation, Circle 2 (1), New Delhi. ITA Nos. 2598 to 2601/Del/2004 Assessment Years : 1998-99 to 2001-02 ITA Nos.4394 to 4397/Del/2005 Assessment Years : 2003-04 & 2004-05 Shin Satellite Public Company Vs. Limited, Thaicom Satellite Station, 41/103, Rattanathibet Road, Nonthaburi 11000, THAILAND. PAN : AAGCS4481E (Appellant) 1 Dy. Director of Income Tax, Circle 2 (2), International Taxation, New Delhi. (Respondent) http://www.itatonline.org Assessee by Revenue by : : Shri F.V. Irani, Advocate Shri Y.K. Kapoor, Standing Counsel & Shri Kanan Kapoor, Advocate INTERVENOR ITA Nos. 1484 to 1491/Del/2008 Assessment Years : 1998-99 to 2005-06 Asia Satellite Telecommunications Ltd. Intervenor by : Shri S. Ganesh, Sr....
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...Ethics in Cyberspace: Have We Seen This Movie Before? DR. THOMAS DONALDSON Monday, February 5, 2001 Wilder Pavilion, Adamian Academic Center Bentley College Waltham, Massachusetts Presenters Njeru Salesio Kinyua: Nduati Paul Njaaga: Toroitich Patrick Kiplimo: Lemuel Mangla: Bryan Egessa: 046485 015118 049063 090716 090524 Introduction Dr. Donaldson begins by stating that his topic, ethics in cyberspace, should be approached with considerable humility. Internet has dramatically affected our lives while frustrating our attempts to understand it and therefore we should be mindful that in the past, great intellects have been undone by the appearance of new phenomena. He gives an example of Adam Smith’s where he devoted only one paragraph to the topic of the emerging phenomenon of the business corporation. He did so because he believed corporations were never going to amount to much. Professor Smith was profoundly wrong. Dr. Donaldson says he may be profoundly wrong also as he ventures into cyberspace to untangle its ethical implications. “In my attempt I am most concerned to separate the old from the new, that is, to discern which value changes we're encountering are really old stuff, like a movie we've seen before but with a different cast, and what is fundamentally new. “ An answer to this question should help us, in turn, to discover how, if at all, the internet promises to change our values and what ethical controversies...
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...Aristotle’s theory of Hylomorphism: The theory of Hylomorphism is Aristotle concept of people being both form and matter. Aristotle thought of form as the physical appearance (body) and the matter to be what the object consists of (soul). An example would be pavement. The unhardened clay would be the matter. The matter changes form when the clay hardens. 3....
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...International Business Environment BE2501 – Summary Chapter 1 Globalization – refers to the shift toward a more integrated and interdependent world economy. Globalization of markets – refers to the merging of historically distinct and separate national markets into one huge global marketplace. Globalization of products – refers to the sourcing of goods and services from locations around the globe to take advantage of national differences in the cost and quality of factors of production (such as labor, energy, land and capital) General Agreement on Tariffs and Trade (GATT) World Trade Organization (WTO) – is primarily responsible for policing the world trading system and making sure nation-states adhere to the rules laid down in the trade treaties signed by WTO member states. International Monetary Fund (IMF) and the World Bank (WB) were both created in 1944 by 44 nations that met at Bretton Woods, New Hampshire. The IMF was established to maintain order in the international monetary system; The WB was set up to promote economic development. United Nations (UN) – was established on October 24, 1945, by 51 countries committed to persevering peace through international cooperation and collective security. International trade occurs when a firm exports goods or services to consumers in another country. Foreign Direct Investment (FDI) occurs when a firm invests resources in business activities outside its home country. Stock of foreign direct investment – refers...
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...advantages compared to a traditional bookstore for the following reasons. Consumer habits have changed as a result of technological advancement. Today more consumers spend a great deal of time either looking for commodities to buy or make online purchases. It is imperative that local bookstores embraces this shift in consumer behavior and in addition to having a physical presence also have an online bookstore. An online bookstore also allows consumers flexibility in their purchasing habits. To begin with, purchase books online takes shorter duration of time and therefore is time saving in way. Secondly, it also allows consumers the convenience of shopping anytime they want. This is because an online bookstore does not have the same time restrictions as a local bookstore and hence can operate 24hours a day, seven days a week. This therefore implies that there’s no fixed time to buy books. This consequently results to an increased number of books sold per unit time as a result of the extended working hours. An online bookstore also allows for greater market penetration as compared to a physical one. Whilst a physical bookstore only commands its immediate surrounding market, an online one has traverses boundaries and borders and hence forth can tap into markets far and wide. This is simply because of the convenience it provides customers of making purchases from remote location and waiting for delivery and at agreed upon date. All consumers need to access an online bookstore is...
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