Intellectual Property and Corporate Espionage
Corporate espionage is an illegal activity though it is on rise in industrial settings. Organizations consider it as one of the techniques to increase their market share and beat the competitor. Various laws have been approved to combat these practices on domestic and international levels. Violation of these acts can result is heavy fines and suspension from business sector.
The advent of information technology has revolutionized the business practices. It has facilitated business operations to a great extent. In the modern 21st century, no organization can expect its existence without information technology. However, every man made system has flaws. Information technology has posed serious challenges for organization with reference to their competitive advantage in the market. As many organizations work on creative and novel solutions to attract the customers, the market value is possible as far as the offers are unique. As soon as other organizations copy…...
mlaReferences
American Society of International Law. (2013). Electronic Resource Guide. Retrieved from http://www.asil.org/erg/?page=iipl
BBC. (2005, May 31). Secret World of Industrial Espionage. Retrieved from http://news.bbc.co.uk/2/hi/business/4595745.stm
Business Pundit. (2011, April 25). 10 Most Notorious Acts of Corporate Espionage. Retrieved from http://www.businesspundit.com/10-most-notorious-acts-of-corporate-espionage/
CIPO. (2011). About Intellectual Property. Retrieved from http://www.cipo.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/h_wr00331.html
The WIPO Copyright Treaty significantly takes on some of the elements of the erne Convention.
For patens and other industrial property protection treaties, there are similar challenges in attempting to create a common denominator among the different national legislations. From this point-of-view, the Paris Convention takes over some of the roles fulfilled by some of the previously mentioned conventions. As a multilateral convention, it is important to create a minimum standard in terms of the protection of industrial property.
One of the most overarching agreements on intellectual property rights and their protection in an international framework is done within the World Trade Organization through TRIPS. TRIPS covers copyright and related rights, but also a wide array of other intellectual property, such as industrial designs and patents, trademarks and geographical indications
There are three main sections that form this multilateral agreement. The first deals with standards, in other words, with the common denominator…...
mlaBibliography
1. Lemley, Mark. Property Intellectual Property and Free Riding. Texas Law Review, Vol. 83, p. 1031, 2005
2. Larrick, Andrew. Resource Guide for Researching Intellectual Property Law in an International Context. June 2008. On the Internet at Last retrieved on May 7, 2010http://library.law.columbia.edu/guides/International_intellectual_property.
3. Overview -- TRIPS Agreement. On the Internet at Last retrieved on May 7, 2010http://www.wto.org/english/tratop_e/trips_e/intel2_e.htm .
Lemley, Mark. Property Intellectual Property and Free Riding. Texas Law Review, Vol. 83, p. 1031, 2005
The right to distribute is one thing, the right to the idea is another.
It is quite possible that the Internet itself has spawned this idea of intellectual property as separate from tangible property in a quite real way. By viewing the Internet itself as basically intangible, in essence you cannot see the Internet only the result that is given on the screen, certainly has something to do with starting one thinking about this concept. In another enigma, the Internet is often used to violate the Intellectual property of another.
The marked increase in intellectual property theft, combined with the lack of deterrence provided by civil remedies, has led the federal government and most states to enact criminal statutes to prevent the theft of intellectual property and protect owners' rights. The federal government has made trademark and copyright infringement a priority. (Newman, Cai & Heugstenberg, 2007, p. 694)
Until recently Intellectual Property…...
mlaReferences
May, C. (2007). The World Intellectual Property Organization and the Development Agenda. Global Governance, 13(2), 161-168
Newman, D., Cai, M., & Heugstenberg, R. (2007). Intellectual Property Crimes. American Criminal Law Review, 44(2), 693-696
Smith, H.E. (2007). Intellectual Property as Property: Delineating Entitlements in Information. Yale Law Journal, 116(8), 1742-1765
Vaidhyanathan, S. (2005, Spring). Celestial Jukebox: The Paradox of Intellectual Property. American Scholar, 74, 131-134
Intellectual Property for Pre-Owned Boat Sales
Boat World plans on selling pre-owned boats purchased in Florida to newly emerging yachting, jet-ski, and small boat enthusiasts in Saudi Arabia. Given the demand for cheaper alternatives to new jet skis, boats, and cruisers/yachts that exists in the country and the relative lack of any supplier or retailer meeting this demand, it is believed that such a business venture will be highly profitable. Unfortunately, it is of course impossible to claim any sort of exclusive right to this business plan; it is not unique enough in its design or any of its processes or products to warrant protection from national or international intellectual property laws. Once the business takes off, then, there are likely to be other competitors that spring up and follow suit, and so my company Boat World will need to find ways in which to differentiate itself to consumers, and to…...
In the contemporary cyber environment, innovation does not enhance success. For example, most patents such as songs and books receive low rewards. The author suggests that there is a need to make rules to enhance the bargain of intellectual property owners.
Part 2
In the contemporary cyberspace and it world, the traditional copyright law has not been sufficient to protect intellectual property right in the face current development of computer and cyber technology. In the cyber world, the traditional copyright law is unable to protect the source code owners, which are the computer instructions written in human readable computer programming language. The importance of source code is that it assists computer to run several programs used for individual and business advantages. Despite the importance of source code, many penetrators have used different technological techniques to steal the source code of other people thereby infringing on the IP law.
Moreover, many legitimate websites…...
mlaReference
Bowie, N.E. (2005). Digital Rights and Wrongs: Intellectual Property in the Information Age. Business and Society Review: 110(1):77-96.
Chowbe, V.S. (2010). Intellectual Property and Its Protection in Cyberspace. The IUP Journal of Intellectual Property Rights. 9(12): 7-41.
Easterbrook, F.H. (2000). Cyberspace vs. Property Law? Texas Review of Law & Politics. Vol. 4.
Johnson reports that "in 1998, the Digital Millennium Copyright Act (DMCA)1 severely limited the use of copyrighted materials in distance learning. In 2002, the Technology, Education, and Copy- right Harmonization Act (TEACH Act) relaxed these restrictions under specific conditions. These two laws significantly changed the way educators could use copyrighted material in the digital class- room." (Johnson, p. 66)
In the section hereafter, the research considers the implications of this orientation for practicing universities.
e can see that in real and applicable cases, the statutes created by the SSHE and the TEACH Act have relevance to university proceedings on the subject. The University of Cincinnati, Ohio (2005) identifies this as a central concern in its official university Copyright Policy. This impacts the ownership status of materials created by university personnel but creates a far looser set of terms than that which is proposed by the SSHE above, seeming more to align…...
mlaWorks Cited:
Banas, E.J. & Emory, W.F. (1998). Frontiers of Empirical Research and Development. Public Administration Quarterly, 22(3).
Berson, M.J. (1996). Effectiveness of Computer Technology in the Social Studies: A Review of the Literature. Journal of Research on Computing in Education, 28(4), 486-499.
Brigham Young University. (2010). Brigham Young University Intellectual Property Policy. IPSINFO, Brigham Young University.
Bruwelheide, J.H. (1999). Intellectual Property and Copyright: Protecting Educational Interests and Managing Changing Environments. Montana State University-Bozeman.
Trademarks are one of the key areas of intellectual property that a firm will want to protect. A trademark is defined as a "word, phrase, symbol and/or design that identifies and distinguishes the source of the goods of one party from those of others" (USPTO, 2014). Thus, the trademark is often a company's brand or the symbol associated with the brand. For example, the company name Nike is a trademark and the swoosh symbol is also a trademark, as both specifically identify the Nike company brand.
Trademarks are protected on the basis of each individual country, and the protections afforded by each country can vary significantly. In many parts of the world, trademark protections are minimal. The result is that goods are routinely knocked off. The trademark being synonymous with the brand, inferior goods bearing your company's trademark will surely devalue the brand - the caveat being that the consumer almost…...
mlaReferences
USPTO. (2014). Trademark, patent or copyright? U.S. Patent and Trademark Office. Retrieved November 7, 2014 from http://www.uspto.gov/trademarks/basics/definitions.jsp
WIPO. (2014). What is a trade secret? World Intellectual Property Organization. Retrieved November 7, 2014 from
Intellectual property is defined as the unique intellectual output of a person or persons. Some examples of intellectual property are works of art, written or design works that are for commerce, patents, and copyrights. The World Intellectual Property Organization (2018) uses the terminology "creations of the mind". The legal definition for each of these things being intellectual property varies by type and by jurisdiction. For example, some IP is protected by copyright, some by patent, so there is a need to know what type of IP you are dealing with to ascertain the legal dimensions of it (Keener, Lock & Makaravage, n.d). But as a general principle if somebody adds unique value to a work, then that value-added work can be considered their intellectual property. If someone creates an entire work, then it is clearly their property, but the value added principle allows for people to build on things –…...
mlaReferences
Keener, M., Lock, M. & Makaravage, E. (no date). Ethical uses of intellectual property: The good, the bad and the confusing. Research Like a Librarian. Retrieved January 14, 2018 from Marshall, J. & Siciliano, N. (no date). The satire/parody distinction in copyright and trademark law: Can satire ever be a fair use? American Bar Association. Retrieved January 14, 2018 from https://apps.americanbar.org/litigation/committees/intellectual/roundtables/0506_outline.pdfMasnick, M. (2010). Is intellectual property itself unethical? TechDirt. Retrieved January 14, 2018 from https://www.techdirt.com/articles/20100519/0404029486.shtmlPlagiarism.org (2017). What is plagiarism? Plagairism.org. Retrieved January 14, 2018 from http://www.plagiarism.org/article/what-is-plagiarismWIPO (2018) What is Intellectual Property? World Intellectual Property Organization. Retrieved January 14, 2018 from http://www.wipo.int/edocs/pubdocs/en/intproperty/450/wipo_pub_450.pdfhttps://cloud.lib.wfu.edu/blog/research-like-a-librarian/ethical-uses-of-information-the-good-the-bad-the-confusing/
Intellectual property can be described as any exceptional product of human intellect or the mind. Some common examples of intellectual properties include software, music, symbols, movies, designs, symbols, words and phrases. Similar to other properties, intellectual property is safeguarded by relevant laws that seek to protect the interests of creators. These laws seek to achieve this by giving the creators rights over their respective creations. However, the protection of intellectual property is associated with some ethical issues and concerns. This paper discusses intellectual property ethics in relation to intellectual property rights and intellectual property theft. The discussion includes an overview of laws relating to safeguarding intellectual property rights and a brief analysis of the Robin Thicke/Blurred Lines lawsuit.
Intellectual Property Rights and Intellectual Property Theft
Intellectual property rights can be simply defined as the privileges that content creators own over their creations (Burris, n.d.). These rights or privileges are safeguarded using various…...
Image Copyright
Intellectual property laws are the subject of much debate. Indeed, some people feel as if the ability to use another person's photo or likeness without payment or other remuneration should be allowed and free while the law itself basically bans such a practice unless such uninhibited usage is granted in advance. As with most things, there is a middle ground between the two that could and should be sought but the middle ground is going to favor the intellectually property proponents much more than the opponents. While the intellectual property people have valid gripes to some degree, there is a need for intellectual property law and the author of this report will offer specific examples of why this needs to be the case.
Analysis
A major linchpin of the argument for the free and unblocked use of photos by people other than those that are authorized or that took the picture…...
mlaReferences
Getty. (2015). Stock Photography, Royalty-Free Photos, Video Footage & Music -- Getty Images. Gettyimages.com. Retrieved 8 September 2015, from http://www.gettyimages.com/
Huffington Post. (2012). When Paparazzi Go Too Far .... The Huffington Post. Retrieved 8 September 2015, from http://www.huffingtonpost.com/2012/09/28/kate-middleton-nude-scandal-paparazzi-history_n_1904042.html
Kenneally, T. (2015). Taylor Swift Changes Controversial Concert Photography Policy. TheWrap. Retrieved 8 September 2015, from http://www.thewrap.com/taylor-swift-changes-controversial-concert-photography-policy/
People. (2015). PEOPLE.com. PEOPLE.com. Retrieved 8 September 2015, from http://www.people.com/people/
Intellectual Property Law
There has been much controversy surrounding the European Union copyright directive, especially as this relates to the music industry. There have been several arguments that these laws are inadequate when taking into account new technological developments, especially with regard to the Internet. Indeed, when the media industry in general is taken into account, the rapid developments require adjustments in legislation. While the copyright directive is an attempt at such adjustments, it however falls short of the all-encompassing clarity required in specific situations, such as certain cases within the music industry.
The Changing Music Industry and EU Competition Law
Current digital technological advances have significantly changed the music industry in conjunction with other media. Digital technology has made possible the sale of music, on occasion combined with other creative media such as film and text, in a variety of different forms. Previously music was for sale exclusively in the physical form…...
mlaSources
Hugenholtz, Bernt. "Why the Copyright Directive is Unimportant, and Possibly Invalid." EIPR 11, p. 501-502, 11.10.2000. http://www.ivir.nl/publications/hugenholtz/opinion-EIPR.html
Midgley, Julian T.J. "Critique of the Proposed UK Implementation of the EU Copyright Directive." 8.21.2002. http://ukcdr.org/issues/eucd/ukimpl/critique_uk_impl.html
Pareira, Miguel Mendes. "EU competition law, convergence, and the media industry." Law Society of England and WalesLondon, 23 April 2002. http://europa.eu.int/comm/competition/speeches/text/sp2002_016_en.pdf
Smih, Tony. "UK campaigners call for anti 'anti-rip' CD day of action." The Register, 10.04.2001. http://www.theregister.co.uk/2001/10/04/uk_campaigners_call_for_anti/
Ethics Issues on Intellectual Property in E-usiness
This paper briefly outlines the basics of intellectual property. It also describes the importance of intellectual property in business and then provides a detailed discussion on e-business and intellectual property. The paper will deal with a few cases of infringement to illustrate how intellectual property is important in e-business.
Intellectual property is very important to any business. Intellectual property rights including patents and copyrights have been a key factor for the success of many companies. It provides them with an opportunity to protect their ideas and concepts, preventing others from copying them. With the boom in e-business, there have been many cases of infringement and this has become quite frequent because of the relative ease in sharing information over the Internet. Protection of intellectual property in the Internet is difficult. There are many debates existing over the type of violations that can be termed as…...
mlaBibliography
Jim, S.C Tan Tee. (2001) "E-Business Intellectual Property Rights" Allen & Gledhill Singapore articles available at htpp:/ / www.gledhill.com.sg/pdf/articles/Ipart2.pdf
Blodgett, Mindy. (April 15, 2000) E-Business and Privacy for All? CIO Magazine available at http://www.cio.com/archive/041500/forall.html
Oppedahl and Larson LLP. (1993) "General information about copyrights" available at http://www.patents.com/
Intellectual Property in UK at http://www.intellectual-property.gov.uk/std/faq/question4.htm
E-Business Intellectual Property
Mykytyn, P.P., Mykytyn, K., & Harrison, D.A. (2005). Integrating Intellectual Property
Concepts into MIS Education: An Empirical Assessment. Decision Sciences Journal
Of Innovative Education, 3(1), 1-27. doi:10.1111/j.1540-4609.2005.00050.x
Intellectual property
The article integrating intellectual property concepts in MIS education, describes intellectual property as rights that belong to people who own works that are as a result of their mind. Intellectual property regards to products of the human mind that have commercial value need recognition and protection (Mykytyn & Harrison, 2005). It is for this reason that the owners of such works need intellectual property right. The article explores four main categories of intellectual rights. These include copyrights, trademarks, patents and trade secrets. This intellectual property rights get transferred through giving, selling or renting.
The intellectual property rights get a treatment that is similar to tangible property. The owners of these properties have a monopoly over their use for a limited period. The intellectual property…...
mlaReferences
Lambert, J. (2009).Enforcing intellectual property rights: A concise guide for businesses, innovative and creative individuals Farnham: Gower.
Mykytyn, P.P., Mykytyn, K., & Harrison, D.A. (2005). Integrating Intellectual Property
Concepts into MIS Education: An Empirical Assessment. Decision Sciences Journal
Of Innovative Education, 3(1), 1-27. doi:10.1111/j.1540-4609.2005.00050.x
Intellectual Property Rights: Article SummaryThe article details the various forms of intellectual property protection, the disadvantages of intellectual property protections, and why it is still beneficial to have such protections as a means to guard the ownership and use of other peoples inventions. The main forms of intellectual property protection are trade secrets, copyrights, trademarks, patents, and knowhow agreements. Different forms of intellectual property protection work in different ways. For instance, trade secrets involve withholding information from the public with the aim of gaining a technical edge over the competition. On the other hand, patents grant monopoly rights to an inventor by preventing others from selling, using, or making a technology for a specified time period.Critics of intellectual property protection hold that such protections slow down the use or advancement of technologies as developers have to obtain legal permission to use or adapt protected technologies. However, intellectual property protections have…...
mlaReferences
McChesney, A., & Lieberman, H. (2022). Iodine and iodine deficiency: A comprehensive review of a re-emerging issue. Nutrients, 14(7), 3474.
Patino, R. (2009). Intellectual property rights and research disclosure in the university environment: Preserving the commercialization option and optimizing market interest. Journal of the American Association for Laboratory Animal Science, 48(2), 138-143.
1
People should be interested in Intellectual Property (IP) because IP is an intangible business asset, and if IP is not protected then others can basically steal the asset and use it to further their own interests. Protecting IP is what helps to further innovation and ensure that resources are devoted to research and design. It is also about protecting one’s position in the marketplace. As Bican, Guderian and Ringbeck (2017) point out, businesses have to manage their knowledge to maintain a competitive advantage. If that knowledge is only loosely protected, others could take advantage of it as though it were a resource out in the wild waiting to be snatched up by anyone willing to take it.
2
Intellectual Property is best defined as a design, product or creation results from one’s own work and to which one has the rights for reproduction or distribution. IP is typically protected by copyright, patent…...
mlaReferences
Bican, P. M., Guderian, C. C., & Ringbeck, A. (2017). Managing knowledge in open innovation processes: an intellectual property perspective. Journal of Knowledge Management, 21(6), 1384-1405.Mansfield, E. (2019). Intellectual property, technology and economic growth. In Intellectual Property Rights in Science, Technology, and Economic Performance (pp. 17-30). Routledge.Wexler, R. (2018). Life, liberty, and trade secrets: Intellectual property in the criminal justice system. Stan. L. Rev., 70, 1343.Yu, P. K. (2017). The RCEP and trans-pacific intellectual property norms. Vand. J. Transnat\\'l L., 50, 673.Zhang, J., Gu, Z., Jang, J., Wu, H., Stoecklin, M. P., Huang, H., & Molloy, I. (2018, May). Protecting intellectual property of deep neural networks with watermarking. In Proceedings of the 2018 on Asia Conference on Computer and Communications Security (pp. 159-172).
Due diligence refers to the process of doing a proper investigation into something before taking an action. Due diligence can have applications in a number of different contexts, but is most often discussed in the context of some type of business deal, when a person or organization has to make a decision about whether or not to enter into some type of business relationship (usually an investment relationship) with another type of person or organization. Due diligence can be as simple as studying publicly available information to determine whether or not to purchase a stock....
Paraphrasing: Enhancing Understanding and Avoiding Plagiarism
Paraphrasing, the skillful restatement of someone else's ideas using different words while preserving the original meaning, plays a crucial role in academic writing. It helps students avoid plagiarism, deepens their comprehension of the source material, and fosters critical thinking. Here are some essay topics that explore the significance and challenges of paraphrasing:
1. The Importance of Paraphrasing: Avoiding Plagiarism and Cultivating Originality
In this essay, students can discuss the ethical and academic implications of plagiarism and how paraphrasing safeguards intellectual property. They can explore the legal consequences of plagiarism, the damage it can cause to one's reputation,....
## Understanding the Structure and Benefits of Outline
An outline is a hierarchical and structured plan that serves as a roadmap for written or spoken communication. It organizes ideas, arguments, and evidence into a logical and cohesive framework, making it an indispensable tool for effective writing and communication.
### Benefits of Using an Outline
Clarity and Organization: Outlines provide a clear structure that helps writers organize their thoughts and present them logically.
Efficient Research: By breaking down topics into smaller subtopics, outlines facilitate efficient research and ensure thorough exploration of all relevant aspects.
Increased Focus: Outlines help writers focus on specific points....
Principles of Business Essay Topics
Ethics and Social Responsibility
The Importance of Ethical Decision-Making in Business
Sustainability and Corporate Social Responsibility: Balancing Profits and Planetary Health
The Role of Business in Addressing Social Issues
Whistleblower Protection and the Ethical Obligations of Employees
Innovation and Entrepreneurship
The Role of Innovation in Driving Business Growth
The Entrepreneurial Mindset: Characteristics and Erfolgsfaktoren
Creating an Innovative Work Environment
The Impact of Technology on Business Innovation
Leadership and Management
Effective Leadership Styles: Authoritarian, Democratic, and Laissez-faire
Motivating Employees: Theories and Best Practices
The Importance of Diversity and Inclusion in Management
Managing Organizational Change: Challenges and....
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