...What is Agritainment Agriculture? Entertainment? Tourism? Rob Holland Extension Specialist Center for Profitable Agriculture Agritainment “An income-generating farm enterprise operated for the enjoyment and education of the public” Why Agritainment? It’s the buzz “People will pay for anything” Less than 2% of the population live on farms “It worked last year” There is a demand Incomes and populations have increased Pros and Cons PROS Income Educational People-oriented Fun CONS Cost Marketing People business Liability . . . Regulations Long hours Labor Management Different Agritainment Steps to Consider: Goals and philosophies (profit vs. non-profit) Market research . . . Market development People skills Site selection Liability Regulations Labor Finances What to offer? Agritainment Enterprises should be considered, evaluated and planned carefully . . . with as much vigor as any new enterprise What to offer: Bed & Breakfast Pick-Your-Own Hay Rides Maze (hay, corn, sudan) Pumpkin Patch Orchard Tours Petting Zoo General Store Workshops & Seminars Festivals Camps Trails Cabins Picnic Barnyard Olympics Museums Games Options? “List all the things others have done . . . then challenge yourself to create that many more new ones” Targeted Audience: Tourists Locals Groups Groups to Target? School Day Care Church Seniors Civic Clubs Others? Targeting Elementary School Groups ...
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...Competition Law and Intellectual Property Rights with Special Reference to the TRIPS Agreement Research Paper for the Competition Commission of India February-March 2010 Eashan Ghosh V Year, B.A. LL.B. (Hons.) National Law School of India University, Bangalore TABLE OF CONTENTS §1 THE IPR AND COMPETITION LAW INTERFACE_____2 §2 TYPES OF RESTRAINTS_____3 §3 COMPETITION LAW REGULATION OF IPRs ACROSS JURSIDICTIONS_____4 §3.1 Europe_____4 §3.2 US_____4 §3.3 Other Jurisdictions_____5 §4 THE TRIPS AGREEMENT_____5 §4.1 Article 7_____6 §4.2 Article 8.2 _____7 §4.3 Article 40_____7 §4.4 Article 6_____10 §4.5 Article 31_____11 §5 WHAT STANCE SHOULD DEVELOPING COUNTRIES TAKE?_____12 §6 ADDRESSING THE IPR AND COMPETITION LAW INTERFACE IN INDIA_____14 §6.1 Through Domestic Legislation_____14 §6.2 At International Fora_____15 §7 ENDNOTES_____17 BIBLIOGRAPHY_____29 Primary Sources_____29 Secondary Sources_____32 1 §1 THE IPR AND COMPETITION LAW INTERFACE The simple hallmark of competition law is the protection of those principles and practices which enable the efficient functioning of markets.1 A natural concomitant to this objective is making certain that incumbent enterprises do not engage in anticompetitive practices to the detriment of the market.2 However, the application of competition law standards—in terms of practices that should be banned outright, viewed as potentially anticompetitive or should be investigated further—varies widely across jurisdictions.3 The interaction...
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...and ovarian cancer. Patents for these genes are held by Myriad Genetics, an American company, which has granted Genetic Technologies exclusive rights to BRCA1 and BRCA2 testing in Australia. In 2002-3, and again in 2008, Genetic Technologies sought to enforce its rights in relation to the BRCA genes in Australia, including through demands that public hospitals and other laboratories cease to offer the tests. Genetic Technologies later withdrew these demands. However, the episode prompted the establishment of a Senate Community Affairs Inquiry into Gene Patents in 2008 (following an earlier report from the Australian Law Reform Commission in 2004), as well as legal action initiated by Cancer Voices Australia and Yvonne D’Arcy. In 2010, a private member’s bill was introduced into the Senate (the Patent Amendment (Human Genes and Biological Materials) Bill 2010) to prevent the patenting of human genes and biological materials existing in nature. A Senate Inquiry was also established to consider this bill. The Senate Inquiry into Gene Patenting reported in 2010 and made 16 recommendations, none of which specifically aimed to ban gene patenting. In 2011, the Inquiry into the Patent Amendment Bill recommended that the bill should not be passed, noting that some of the issues raised in the Inquiry would be addressed by the Intellectual Property Laws Amendment (Raising the Bar) Act 2012, which was passed in March 2012. It made amendments that aimed to, among other things, raise patent...
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...Intellectual Property Issues and E-Business Sample Test Questions for Final Exam Multiple Choice or True-False Listed below are several questions that are representative of the type of questions on the final exam. Please note that you must make only one selection for each question; further, there is just one answer for each question. 1. One-click mechanisms and shipment tracking are associated with which phase of the Customer Service Life Cycle? a. b. c. d. e. Retirement Acquisition Ownership Requirements Management b ANSWER: 2. Business methods are associated best with which form of intellectual property? a. Copyright b. Trademark c. Trade Secret d. Patent ANSWER: d 3. E-business today does not present any unusual problems associated with jurisdiction. a. ANSWER: True b b. False 4. Which statement below is correct? a. b. c. d. The EU encourages business method patents The US discourages business method patents Business method patents are not found in the US today Business method patents are found in the EU today d ANSWER: Fill In The Blank Each statement has a blank space associated with the question. You are to select the correct response from the list of responses provided to answer each statement. Write the number associated with your response in the space next to the statement. Please note that there are more responses in the list than there are statements. Thus, not every response will be used, and no response is used more than one time. List of Possible...
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...patents and copyrights have on our society today. Mcleod uses numerous examples and anecdotes to emphasize his main point that patents and copyrights are getting out of hand and restricting our freedom of expression. Mcleod presents a very convincing argument in this article and does a great job explaining how trademark holders are going to the extreme to protect their property. Mcleod believes that our freedom of expression is being eroded because of the expansion of the patent law in the last quarter of the century. As a result, many things are becoming privatized. In the article, Mcleod discusses an incident regarding a man named Moore, who had his spleen removed to treat his leukemia. The doctor that did the procedure patented a cell line taken from his organ without Moore’s consent. The doctor went on to develop a drug from the patent and Moore did not reap any of the benefits of the success of the drug because of the doctor’s patent. This example proves that what some people are patenting these days is getting out of hand. In the article, Mcleod also argues that there is a fine line between intellectual property and freedom of expression. The purpose of copyright laws is to motivate inventors and thinkers to come up with innovative products and ideas. Their reward is that they have ownership of the idea for a period of time and then the public should be able use it after their period of control has expired. Therefore the law did not...
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...Pharmaceutical pricing The new drugs war Patents on drugs are in the interests of the sick as well as the industry. Protection should not be weakened Jan 4th 2014 | OF ALL the goods and services traded in the market economy, pharmaceuticals are perhaps the most contentious. Though produced by private companies, they constitute a public good, both because they can prevent epidemics and because healthy people function better as members of society than sick ones do. They carry a moral weight that most privately traded goods do not, for there is a widespread belief that people have a right to health care that they do not have to smartphones or trainers. Innovation accounts for most of the cost of production, so the price of drugs is much higher than their cost of manufacture, making them unaffordable to many poor people. Firms protect the intellectual property (IP) that drugs represent and sue those who try to manufacture and sell patented drugs cheaply. For all these reasons, pharmaceutical companies are widely regarded as vampires who exploit the sick and ignore the sufferings of the poor. These criticisms reached a crescendo more than a decade ago at the peak of the HIV plague. When South Africa’s government sought to legalise the import of cheap generic copies of patented AIDS drugs, pharmaceutical companies took it to court. The case earned the nickname “Big Pharma v Nelson Mandela”. It was a low point for the industry, which wisely backed down. Now arguments over drugs...
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...Trade Related Aspects of Intellectual Property Rights (TRIPS) The Agreement on TRIPS is an international agreement administered by the WTO that sets down minimum standards for many forms of intellectual property (IP) regulation as applied to nationals of WTO Members. It was negotiated at the end of the Uruguay Round of the General Agreement on Tariffs and Trade (GATT) in 1994. The TRIPS agreement introduced intellectual property law into the international trading system for the first time and remains the most comprehensive international agreement on intellectual property to date. In 2001, developing countries, concerned that developed countries were insisting on an overly narrow reading of TRIPS, initiated a round of talks that resulted in the Doha Declaration. Specifically, TRIPS contains requirements that nations' laws must meet for copyright rights, geographical indications, industrial designs; patents; trademarks. TRIPS also specifies enforcement procedures, remedies, and dispute resolution procedures. Ratification of TRIPS is a compulsory requirement of World Trade Organization membership. TRIPS requires member states to provide strong protection for intellectual property rights. For example, under TRIPS: Copyright - Copyright terms must extend to 50 years after the death of the author. Computer programs must be regarded as "literary works" under copyright law and receive the same terms of protection. Patents - The agreement says patent protection must be...
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...provides probably the best protection for the source code of a computer program. It simply requires that you take reasonable efforts to kept the source code secret, such as having agreements to keep it secret from everybody who has access to the source code. There are no formalities, such as filing with a government agency which is required. 1. Patents A patent is a government-awarded license that grants the inventor of a product or process exclusive rights to its manufacture, use or sale for a specified time period. As a condition of the patent, the inventor agrees to disclosure. However, although it is possible for others to examine the details of the patent, it is illegal to copy the product or process. 2. The five principle rights for the owner of a copyright are: 1. The right to reproduce the copyrighted work. 2. The right to distribute copies of the work to the public. 3. The right to display copies of the work in public. 4. The right to perform the work in public. 5. The rights to produce new works derived from the copyrighted work. Copyright Violations of a copyright laws is copying a program onto a CD to sell to someone else, preloading a program onto the hard disk of a computer being sold, distributing a program over the internet, and when a company attempts to create software that competes with an existing product. Franklin Computer Corporation manufactured the Franklin ACE to compete with Apple 11. The Franklin...
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...MIP Course. Week 2. LEGAL PRINCIPLES OF IP LAW Written Law To be a law, it has to be written. Presumption of innocence (not like in US) Case Law Case that happened before, and to which we are referring. It is a reported decisions. Jurisprudence. Every product has some patent, copyright or trade mark or IP protection. Even a vacuum. Patent (=brevet) It protect the concept of the construction of the article. Has to have: novelty, industrial steps, and has to have a commercial aim. Duration: 20 years. You have to reapply for it, or invent a new thing. It is a short-term monopoly. It is a negative right: to prevent other people to use it. Trade marks (=marques) Mickey Mouse was allowed an extension of its copyright by lobbying the US. So the firm was really powerful. * What is a trade mark? Symbol that can be a design, logo, words, colour, smell, sound. It is the mark of the maker. Trade mark is about goodwill towards the customer, to help them recognise the product they want. We cannot call something Champagne when it does not come from this region in France. * When did it appear? 1986: first registry trade mark. It is an old protection. * How can you protect your trade mark? You can register it at the IP Office. But if it becomes a work in the common usage, you cannot protect it anymore (Hoover, Kleenex, Aspirin). Sometimes, you find 2 same trademarks. But it is okay because they are in two different classes (two different sectors in the industry)...
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...SUMMARY The purpose of this report 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...
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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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...under no obligation to extend protection to a particular geographical indication unless that geographical indication is protected in the country of its origin. Prior to 2003, India did not protect geographical indications of Indian origin. In order to comply with India's obligations in the TRIPS Agreement, it enacted the Geographical Indications of Goods (Registration & Protection) Act, 1999, which came into force with effect from 15th September 2003. The present geographical indications regime in India is governed by the Geographical Indications of Goods (Registration & Protection) Act, 1999 and the Geographical Indication of Goods (Regulation and Protection) Rules, 2002. By registering a geographical indication in India, the rights holder can prevent unauthorized use of the registered geographical indication by others and promote economic prosperity of producers of goods produced in a particular region. Registration of the geographical indication in...
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...Connecticut. This article received the Holmes-Cardozo Award for Outstanding Submitted Conference Paper as well as the Ralph J. Bunche Best Paper Award at the Academy of Legal Studies in Business Annual Meeting, Indianapolis, IN, August 2007. Our thanks for comments and support go to Jayashree Watal, Peter Yu, Douglas Lippoldt, and the other participants at the University of Connecticut’s Center for International Business Education and Research Conference, ‘‘The Impact of Intellectual Property Rights on Innovation, Knowledge Diffusion, and Foreign Direct Investment in the Global Economy,’’ Storrs, CT, May 2007. Additional thanks to Anthony Kwasnica and Larry Cata-Backer for helpful comments. nn Associate Professor of Business Law, Smeal College of Business, The Pennsylvania State University. My research was supported by funding from the 2007 Smeal Competitive Research Grants Program. 1 The term ‘‘compulsory license’’ can refer to any compelled relaxation of an intellectual property owner’s right to exclude in exchange for a licensee’s...
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...Trips Industrial designs geographical indications INTEGRATED circuits Undisclosed information ADV.MANISHA PANDYA ROLL NO.17 * BUSINESS LAW GROUP* LLM SEM II SUBMITTED TO PROF.TIWARI CONTENTS Chapter I * INTRODUCTION * GATT*WTO* TRIPS* * ------------------------------------------------- Implementation in developing countries Chapter II * What are intellectual property rights? * Geographical indication * Early agreements –History * Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) * ------------------------------------------------- Marketing * International trade * SECTION 3: GEOGRAPHICAL INDICATIONS Art. 22, 23, 24 Protection of Geographical Indications * Industrial design right * SECTION 4: INDUSTRIAL DESIGNS Article 25 * SEC 7: PROTECTION OF UNDISCLOSED INFORMATION Article 3 Chapter III * CONCULSION BILOGRAPHY & WEBOLOGY Chapter I GATT * WTO * TRIPS* The General Agreement on Tariffs and Trade (GATT) was a multilateral agreement regulating international trade. According to its preamble, its purpose was the "substantial reduction of tariffs and other trade barriers and the elimination of preferences, on a reciprocal and mutually advantageous basis." It was negotiated during the United Nations Conference on Trade and Employment and was the outcome of the failure of negotiating governments to create the International Trade Organization (ITO). GATT was signed...
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...especially in business means success. Of course nothing comes easy and there are not only many changes that are implemented but legal issues that must be sorted out. E - Business deals with much more than just selling, there are contracts, negotiations, etc. Many people feel that E - Business not only has a major impact on the way we do business but will dramatically change the way we do business. There are many different problems and laws pertaining to E-business that cause problems. It seems as if more and more there tend to be problems surrounding copyrights, trademarks, patent, and domain names. Litigation is one of the tools used to value the intellectual property of the client. To be able to work effectively at understanding the law one has to understand the grounds surrounding the right to property. E-business laws include; Trademark and patent laws; Consumer protection laws (if you plan to sell online goods/services); Licensing laws and taxation laws. When dealing with an E-business a good move would be to appoint a team of qualified people to do...
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