In week 10 of spring semester we discussed chapter 11’s Intellectual Property Law. “Property establishes a relationship of legal exclusion between an owner and other people regarding limited resources.” In this chapter, we learn that the Constitution allows Congress “to promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors to the exclusive Right to their respective writings and discoveries.”
In layman’s terms, this means Congress allows you to have ideas and creations while also safeguarding your idea from others who want to use it. While the Constitution does give Congress the ability to protect your ideas you do have to follow certain steps in order to “protect the time, effort, and money spent in developing knowledge in order to transform it into valuable intangible assets.” If these steps needed are not taken, your information may be “captured” by others who want to use the idea. Another piece of information discussed in the chapter is infringement, which is taking or using any form of intellectual property. Essentially, infringement is stealing property from another person or party. This leads into trade secrets. A trade secret is having knowledge or information of one’s ideas that could have “economic value from not being generally known or has been the subject of reasonable efforts by the owner to maintain secrecy.” If it becomes known that someone knows a trade secret then a judge can issue what is called an injunction, which is an “order to do something or to refrain from doing something.” This injunction keeps those who have infringed a trade secret to cease from telling the secret or putting it to use.
The next thing discussed in the chapter is the pat...
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...pple Inc. While this amount awarded to Apple Inc. was much less than they were going for it was also significantly lower than what Judge Koh vacated after the previous trial; that number being 400 million. This case was a very large win for Apple Inc. and their power in the electronics industry. This ruling was also a huge statement made in terms of patent infringement. As Colleen Allen said in an interview, “If we didn't award Apple much, we're saying it's OK to infringe patents”
To conclude, Apple Inc. and Samsung Electronics went to U.S. District Court due to Apple Inc.’s claim that Samsung Electronics had infringed on some of their technology patents used in the iPhone and iPad. Apple Inc.’s zoom patent was then invalidated by the USPTO. Judge Koh then ruled in favor of Apple Inc. and ordered Samsung Electronics to pay 290 million dollars to Apple Inc.
2. Scientists deserve recognition, and therefore should be allowed to sell his or her creation or own the rights to it for a number of years in order for their hard work to be seen and pay
Patterson, L.& Joyce, C. (2003). Copyright in 1791: An Essay Concerning the Founers' View of the Copyright Power Granted to Congress in Article I, Section 8, Clause 8 of the US Constitution. Emory LJ, 52, 909.
...ow OEMs to alter Windows in significant ways and for customers to choose a browser. The case helped competition as well as consumers. The Department of Justice ten years after the case said that nearly every desktop middleware market, from web browsers to instant messaging to media players’ software is more competitive today than when the final judgement was decided.
Intellectual property is an incredibly complicated facet of the law. In the United States, we have many laws in place to control and limit profiting from others intellectual property. The issue is not only profiting from others intellectual property, but not purchasing the property from the originator as well. We will discuss why it is important to protect this property as well as why it is tremendously difficult to regulate all these safe guards. “Intellectual Property has the shelf life of a banana.” Bill Gates
The defendant is an Airlines Company that had 900 employees. The economic crisis followed with monetary crisis gave bad effects to the defendant. They should decrease the number of their airplanes form 9 to 2 airplanes. They also had to do the efficiency on their employees to 700. On the efficiency process, there was an agreement between the defendant and employees representation on October 30 1998. The agreement stated that they would bring Independent Public Accountant to analyze company financial condition. During the process, all side should work on their duty. The Defendant should pay employees’ wage. The agreement was not guarantee that didn’t mean the dispute process was over, but the negotiation still moved on. During the process, there was another agreement between the defendant and several employees. They agreed the finish the disputed process and the employees would get separation pay. Meanwhile, other employees, who were 153 people didn’t agree with that agreement. Because they didn’t agree each other, so the employees gave the case to the “Panitia Penyelesaian Perselisihan Perburuhan Pusat (P4P)”.
The following is a case investigation of lawsuits between Apple Inc. and Samsung Electronics regarding the design of smartphones and tablet computers between them according to German courts. In July 2011, Apple sued Samsung for patent infringement, namely through items including the Samsung Galaxy Tab 10.1. Apple claims that Samsung infringed its patents in the Galaxy line of smartphones and tablets, arguing that Samsung copied the design and esthetics of Apple's ios range of devices.
firms to replicate or imitate the products as well as processes of the Apple Company.
Cisco's suit, filed in the United States District Court for the Eastern District of Texas, alleges that Huawei unlawfully copied and misappropriated Cisco's IOS. software, including source code, copied Cisco documentation and other copyrighted materials, and infringed numerous Cisco patents. Cisco seeks remedies to prohibit the continued misappropriation of its intellectual property by Huawei and recover damages resulting from Huawei's illegal actions.1
Author is indicating that the role of copyright in creation, production and dissemination of knowledge is the starting point. Even though the supreme court might have tackled in the recent trilogy of cases, at what point can the optimal level of creation, dissemination reach and if one protects copyright beyond the optimal level what would the risks be? Hence, to achieve the optimal protection level, the supreme court should consider the growing volume of research done by economists along with recent developments in the
Compared to patents, where the protection by patent laws differs much from trade secret laws, without trade secret laws, there would be a gap in protecting ideas and information, which in any case should be protected at least in some way. Optimal trade secret laws increases the expected cost of stealing to the unlawful acquiring and this conclusively reduces the private investments in security measures. If the enforcement costs are high, the beneficial effects of trade secret laws, such as reducing investments in precaution and litigation needs to be low, in order for trade secret laws to improve social
Because of its intangible nature, and particularly the increase of the digital domain and the internet as a whole, computers and cyber piracy make it easier for people to steal many forms of intellectual property. Due to this major threat, intellectual property rights owners’ should take every single measure to protect their rights. Unless these rights are either sold, exchanged, transferred, or appropriately licensed for use in exchange for a monetary fee, they should be protected at all cost. In order to protect these rights, the federal and states governments have passed numerous laws and statutes to protect intellectual property from misappropriation and infringement. “The source of federal copyright and patent law originates with the Copyright and Patent ...
Back in 1998, the United States had taken Bill Gates and the Microsoft Corporation for a trial. The reason being is because Microsoft had been accused of becoming a monopoly
The World Intellectual Property Organization, Intellectual property is the ‘products of the mind: inventions, literary and artistic works, any symbols, names, images, and designs used in commerce’. Intellectual Properties such as Patents, designs, trademarks and copyrights are protected by laws .The US government offers different types of protection for these properties. The Lanham Act (15 U.S.C.A. section 1051 et seq) also known as the trademark act of 1946 provides protection for trademarks. A trademark is defined as a name, a word, a symbol, or device or any combination thereof, adopted and used by a manufacturer or merchant to identify his goods and distinguish them from those manufactured and sold by others. (Miaoulis 1978)
Intellectual property is information, original ideas and expressions of the persons mind that have profitable value and are protected under copyright, patent, service mark, trademark/trade secret regulation from replication, violation, and dilution. Intellectual property includes brand items, formulas, inventions, data, designs and the work of artists. It is one of the most tradable properties in the technology market.