...the basics of reputation management 5.13 11. Reputation management in a crisis 5.15 11-1 Example 5.1: The Brent Spar crisis – Underestimating shareholder expectations PART C: PROTECTING INTELLECTUAL PROPERTY OF ORGANISATION 12. Introduction 5.17 13. What is intellectual property? 5.18 14. Importance of intellectual property 5.18 14-1 Example 5.2: Brand value v. net tangible assets 14-2 Brand values compared to tangible assets 15. Intellectual property rights 5.19 15. Types of intellectual property 5.20 15-1 Trademark 15-2 Patent 15-3 Utility model 15-4 Industrial design 15-5 Geographical indications of source & appellations of origin 15-6 Undisclosed information and trade secrets 15-7 Copyright 15-8 Related rights 15-9 Other rights – Topographies and plant breeder rights 16. Balanced IP protection 5.24 16-1 Case study 5.1: Government support of research for the public good 17. Abuse of intellectual property 5.26 17-1 Example 5.6: Piracy in the music industry 17-2 New methods for protecting intellectual property 18. Enforcing...
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...Intellectual property rights provide the foundation for building and extending markets for new technology. Economists and policymakers are progressively realizing that to manage and encourage technological progress, there is a need of a framework of legal institutions that promotes its benefits but also limits its excess. The paramount difficulty of companies and individuals engaging in development of new technology of any kind is appropriating the fruits of their labor. In developed market economies, in spite of the presence of substantial intellectual property rights, the widespread imitation of intellectual property deems them imperfect and inadequate. Lax enforcement of domestic laws and regulations, and the absence of international treaties concerning the protection of international property rights further aggravate the problem. The framework and implementation of intellectual property rights shapes the success of major industries ranging from computer software, biotechnology to entertainment as it determines how they can market their products. Intellectual property is expensive to create but easy to reproduce. The fixed cost of producing intellectual property is high, but its marginal cost is low. For example, the research and development of a drug can cost billions of dollars, but its reproduction can easily be done at low costs. Lack of protection gives rise to free riding on the innovator’s production and kills the innovator’s incentive to produce more. Registering...
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...formulation (Fusch, p26) There are enormous changes in the global intellectual property regime that give the businesses a leeway to actively engage in international economics negotiations. The liberalization of knowledge through relaxed protection of the intellectual property works to the advantage of the businesses (Morin p3). The economic and political changes taking place around the world occasioned changes in the political roles. There is an evident decline in the roles of states in the international policing. The business enterprises are increasing taking over from governments in participating in the international economic policing (Fusch, p5). 2. A classic instance of collaboration among businesses was the formation of Basel II. Several bankers from different countries came together to influence the policies formulated around that time. The bankers came from the states that formed G10 at the time (Young, 2012, p665) The rise of academic communities successfully managed to advocate for the scrapping of the monopoly initially exhibited practitioners possessing the IP expertise. Through instilling scepticism relating to the economic implications among the students, they achieved the intended objective. It gave the business community the advantage of influencing the policies and actively engages in protected activities (Morin p22). Before TRIPS, business entities struggled due to restrictions on the use of IP. In 1986, many...
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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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...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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...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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...Part 1 – Fact Situation: Identification of Issues 1. a. Did QPI violate Section 10(b) of the Securities Exchange Act of 1934 by engaging in transactions with DOA to boost their financial reports? Was Nouv’s behavior unethical when he tried to bribe Betty into completing the draft and deal in a way that made the transactions look legitimate? b. Is the cooperation between QPI and DOA on pricing (price fixing) and segmenting product sales to customers (market division/Refusal to deal) a horizontal agreement in violation of Antitrust laws? If so, were their actions a per se violation of Section 1 of the Sherman Act? c. Did Nouv’s behavior lack integrity? If so, was his veiled threat and coercion of Betty to remain silent unethical? d. --- Individuals listed below: i. Would the firing of Billy Aged based on his age be disparate treatment and illegal discrimination in violation of the Age Discrimination in Employment Act of 1967? ii. Is firing Cindy Octane due to her future change in marital status be a disparate treatment violation of Title VII of the Civil Rights Act of 1964? iii. Is Tommy Grey 40 years of age or older, and if so, would his firing due to seniority be in violation of the Age Discrimination in Employment Act of 1967? iv. Would firing Belinda Black be an act of disparate treatment and discrimination based on her color in violation of Title VII of the Civil Rights Act of 1964? e. Was Nouv’s unwelcomed sexual advance, innuendo and quid pro quo offer...
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...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 incomplete...
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...Intellectual Property -Music and Art and Fair Use BUS311: Business Law I (BAI1414A) 4/20/2014 Philosophers have barely taken an interest in the ethics dealing with intellectual property, this despite societies continued debate over “fair use” of copyrighted materials. We justify copy and paste forgoing old set standards of how we give credit for intellectual achievement in lieu of convenience. One has to wonder as technology continues to advance and copyrighting laws become diluted that music and art available via the internet will be of any commercial value. Intellectual Property-Music and Art and Fair Use I. Intellectual Property a. What is IP? b. How has technology affected IP? c. What laws protect IP? II. Music & Art work a. How has broadband changed the music industry? b. How is it so easy to copy and paste someone else’s work? 1. Does citing a source give one the permission to use? 2. What laws govern copyright? III. Fair Use a. What is fair use? b. How does fair use fit with copyright law? c. How does the court know if a use is fair? . IV. Moving forward a. Advancing Technology vs. Copyright laws b. Artistry vs. Commercial reward What is Intellectual Property? Intellectual Property By definition intellectual property IP, is all products derived of human intellect that the law protects from unauthorized usage. Ownership creates a limited monopoly innately...
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...Intellectual Property Stephanie Brandon MGT320 The Legal and Ethical Environment of Business Dr. Rogers November 10, 2013 Abstract This will be a short essay describing intellectual property (IP). The writer will explain the need for protection and ethical issue that may arise when IP is involved. Intellectual Property A thought or an image made into a creation others to use is a fitting description for intellectual property (IP). Just as any other property, IP needs protection from the evil of the world. Unfortunately, there is always someone waiting to profit from another person’s hard work and dedication. In order to protect IP the law provides patents, copyrights, trademarks, as well as trade secrets. Some people believe that providing protect creates a monopoly and want to shorten the term, in which a product is protective. The law benefits the creator and the consumer; it does create a monopoly but only for a short time in order for the creator to profit. Once the term of protection expires the consumer can then take the product and make improvements and even buy it cheaper. Without protection people would choose not to share their creation or invention, which would cause poor economy growth. Due to the laws of protection for IP, many lawsuits are filed each day. These types of lawsuits could last for years. A lawsuit that has lasted for a few years is Apple Inc. vs. Samsung; the lawsuit between the two electronic companies began in April 2011. Apple...
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...management strategy and implementing industry best practices. My understandings of the issues are documented below. Please be prepared to clarify any misunderstandings I may have during our meeting next week. Issue 1. Types of intellectual property applicable to e-business Wikipedia (2006) describes intellectual property as ¡§a legal entitlement, which sometimes attaches to the expressed form of an idea, or to some other intangible subject matter. This legal entitlement generally enables its holder to exercise exclusive rights of use in relation to the subject matter of the intellectual property. The term intellectual property reflects the idea that this subject matter is the product of the mind or the intellect, and that intellectual property rights may be protected at law in the same way as any other form of property.¡¨ The main types of intellectual property are trademarks, patents and copyrights. Trademarks will protect our company brand, patents will protect the inventions and copyrights will protect computer software literary work etc. In addition, trademark law will protect business information of a confidential nature. As long as the company company continues to use the trademark, the rights will never expire unlike other intellectual property rights. According to Rudnick (2004), ¡§the most misunderstood...
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... TO: FROM: RE: Why does e-business need IP? Frammer,Colletti, Leib, . (n.d.). Why does ebusiness need IP?. Retrieved from http://www.buildingipvalue.com/n_us/132_136.htm ARTICLE SYNOPSIS In recent years, advancements in technology have changed not only how business is conducted, but also how we communicate as a whole. This is most evident by the explosion of business transactions flowing through the Internet, changing both business and the method by which business communicate with their consumers. In response, the law is evolving to keep pace with the new avenues of communication, transferring information, and ultimately the new ways of doing business. Staying relevant in today’s every growing e-business environment, requires generating new technology faster to market then competitors who are taking advantage of the same technology. Protection of intellectual property is essential to effectively compete in almost every marketplace. The companies that protect their intellectual property have an edge on the competition. This article focuses on how patents and trademarks protect e-businesses from competition and provides recommendations for how to avoid violating the intellectual property of others. ISSUE Intellectual property is a collective term that embraces trademarks, trade names, domain names, copyrights and patents The laws that define and protect intellectual property span across three broad and distinctly different areas: patent, trademark...
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...Intellectual Property Protection is a very important because it protects innovation. Without the protection of ideas, people and business would not enjoy the full benefits of their creations. Intellectually property piracy is threat to all businesses, not just the ones located in the United States. Institutions like the World Trade Organization (WTO) and World Intellectual Property Organization (WIPO) advocate for better protection of intellectual property. These organizations help companies’ combat intellectual piracy. The main vehicle is intellectual property rights (IPR). Basically it gives registered owners of inventions, literary works, artistic works, symbols, names, designs and images, the right to say how their property is used. IPR’s are limited because not every company accepts the various agreements that protect IPR’s. Besides working with the WTO and WIPO companies should proactively work toward countering violations of their intellectual property. If it is cost effective, acquiring legal counsel that specializes in Intellectual Property Law should be considered. With or without legal counsel, the following are some of the courses of action that businesses and managers can take to help protect their intellectual property. Register - Companies and individuals should register their Intellectual Property (IP) with the United States government and the governments abroad that the company or individual wishes to do business. In addition, countries should register...
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...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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...Copyright, Intellectual Property, and Innovation Computer Literacy Instructor DATE In today's society, how does copyright, intellectual property, and innovation play a key role in our everyday lives? With today's technological advancements, there are many laws, rules, and regulations that can apply to everyday life. If we are not careful with online behavior, it's possible that we could be breaking several of these laws. The intent of this research paper is to inform the reader of these laws, how to abide by them, and the repercussions if any are violated. Copyright is defined as the exclusive right to make copies, license, and otherwise exploit a literary, musical, or artistic work, whether printed, audio, video, etc.: works granted such right by law on or after January 1, 1978, are protected for the lifetime of the author or creator and for a period of 50 years after his or her death (dictionary.com). On October 28, 1998, so around twenty years later, the Digital Millenium Copyright Act or DMCA was signed into law by President Clinton. This law implemented two World Intellectual Property Organization treaties, but we will discuss that later. The DCMA also addressed several significant copyright related issues. Today, a majority of issues deal with the DCMA as we live in a advanced technical and social web based world. Because of the massive amount of digital media that is available to us, it is important to understand the laws and implications of those laws...
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