Digital Rights
a) Sonderholm (2010) describes intellectual property rights as "a socio-economic tool that creates a temporary monopoly", specifically as a means to allow creators to earn profit, which in theory will incentivize more creation.
On the issue of digital rights management versus the public's right to fair use, there are several issues to unpack. First is that a person who creates intellectual property has no obligation to do anything with it. In fact, there are vast reservoirs of unpublished novels, unfilmed screenplays, photographs, drawings…a vast amount of the intellectual property that is created is never brought to the public at all, and still more would be if there were means to do so provided to the creator.
But should a creator decide to bring their work to the public sphere, they and only they should have the right to determine how that work is delivered to the public. It is unethical for…...
managers protect intellectual property rights in China using de facto strategies" by Keupp, Beckenbauer and Gassmann. It was published in R&D Management in 2009 and the full text is available online at http://www.alexandria.unisg.ch/EXPORT/DL/53574.pdf
The authors begin with the premise that intellectual property rights are not as well-protected in emerging markets as they are in estern countries. In China, the authors note, social norms give the country a view on intellectual property rights that is distinct from the estern view. As a result, firms face significant risk in doing business in China, because they expose their intellectual property to actors who do not have the same respect for IP rights. The Chinese legal system simply does not respect IP rights to the degree that most estern firms would prefer.
Thus, estern firms need to employ creative strategies in order to ensure that their rights are protected. The authors' use of the term…...
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Works Cited:
Keupp, M.; Beckenbauer, A. & Gassmann, O. (2009). How managers protect intellectual property rights in China using de facto strategies. R&D Management. Vol. 39 (2) 211-224.
China & IP
My research topic is intellectual property rights in China. My thesis is that China needs to strengthen its protection of intellectual property rights in order to improve its integration with the global economic system. I will argue this point on the basis that China's current level of intellectual property rights protection is inadequate.
I have chosen this topic because it a highly topical within the business world. China is one of the largest economies in the world, one of the world's most important manufacturing centers and one of the world's most important consumer markets. Yet to most observers, China lags in its protection of intellectual property rights. These rights are fundamental to the functioning of the modern economic system, where individuals and companies are compensated for their output. An analysis of Chinese intellectual property rights as they stand de jure and de facto, in light of its status within…...
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Works Cited:
Awokuse, T. & Yin, H. (2010). Intellectual property rights protection and the surge in FDI in China. Journal of Comparative Economics. Vol. 38 (2) 217-224.
Keupp, M.; Beckenbauer, A. & Gassmann, O. (2009). How managers protect intellectual property rights in China using de facto strategies. R&D Management. Vol. 39 (2) 211-224.
Maketing Stategy
The Samsung Appoach -- Band Identity / Awaeness / Recall -- Essentials of a consume band
These days, the Windows and Andoid opeating systems ae aguably the best of the pack with Andoid getting 80.7% custome use and the title of the best and most-used OS globally. Andoid OS, which can also be applied in the educational secto, is an open souce OS which gives its use the feedom to mount applications bought fom othe poduces as well as untusted developes (Divya & Kishnakuma, 2016). The band Samsung, enjoy elative custome appeciation in Ameica and it ended the yea 2009 leading the mobile makets. One of the foemost measuement indexes fo pefeed mobile bands, Band Keys Custome Loyalty Engagement Index, caies out suveys of phones based on custome appeciation of mobile pefomance and design. Fom thei smatphone and mobile suvey, the highest anked bands wee Apple, Samsung and Blackbey…...
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references Between Apple and Samsung Smartphone. Malardalen University Eskilstuna-Vasteras.
Divya, K., & Krishnakumar, V. (2016). Comparitive Analysis of Smartphone Operating Systems. International Journal of Scientific Engineering and Applied Science, 432 - 438.
Kanagal, N. (2015). Innovation and product innovation in marketing strategy. Journal of Management and Marketing Research.
Stiles, P., & Trevor, J. (2006). Best practice and key themes in global human resource management. Sanyo.
In conclusion, I believe that the anti-circumvention provision is important since it makes sense to prevent unauthorized uses of the intellectual works of the owner who have put so much time and efforts in producing the work.
If a person had a legitimate fair use reason for accessing a work, then nothing in the provision would prevent him or her from doing so.
This provision is also important since it offers the motion picture; music companies; film studios; and publishing industries
eferences
Berners-Lee, T. And Hendler, J. (2001). Publishing on the Semantic Web. Nature, 410(4): 1023-1024.
Litman, J. (2001). Digital Copyright. New York: Prometheus Books.
McKenna, B. (2002).Distribution Dollars Drive Ingenta's Growth. Information Today, 18(7):544-545.
Usher, N. (2001). Scientists Demand…...
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References
Berners-Lee, T. And Hendler, J. (2001). Publishing on the Semantic Web. Nature, 410(4): 1023-1024.
Litman, J. (2001). Digital Copyright. New York: Prometheus Books.
McKenna, B. (2002).Distribution Dollars Drive Ingenta's Growth. Information Today, 18(7):544-545.
Usher, N. (2001). Scientists Demand Free Journal Access.Harvard Crimson, April 23: 1-3.
Protection of Intellectual Property
Intellectual property is any form of an idea that originates from a person or company and used to create innovative products, or services. Theft of these ideas by foreign entities to produce similar knock off goods has had a negative effect to both the owners of the idea and economy as a whole.
The United States Department of Justice and the Federal Bureau of Investigations (FBI) have taken a number of steps to fight against intellectual property theft. According to their websites, they both run complex investigations on cases that arise from theft of intellectual property. Since intellectual property includes copyright, patents, proprietary products, trade secrets and internet protocols, the two offices have contingencies that are there to resolve unique legal and investigative issues being raised by telecommunication technology. They also, according to their websites have the mandate to pursue local and international cases that relate to theft…...
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References
Johnson, C and Walworth, D.J (March 2003). Protecting U.S. intellectual property rights and challenges to digital piracy. Office of industry working paper: U.S. international trade commission. Retrieved from http://www.usitc.gov/publications/332/working_papers/wp_id_05.pdf
Each institution must have an acceptable use policy for access to all systems including the Internet/World Wide Web. This policy must include provisions for:
protecting the confidentiality of students protecting intellectual property rights, licensing agreements and legal/ethical standards for sharing of resources with other educational entities upholding the integrity of systems, programs and information resources
The duties and responsibilities to carry out this policy are placed upon institutions, IT officials, and instructors (District Technology Plans: Essential Components and E-ate Plan Criteria, n.d.).
The Florida policies do a good job in making sure that each institution has a policy in regards to intellectual property. It deals with protecting the use rights of the systems that are being used in the course of distance learning along with student confidentiality. This is an advantage to both the institution and the individual student. What this policy does not address is how reasonable technological measures can be…...
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References
Bruwelheide, Janis H. (2010). TEACH Act Highlights and Resources. Retrieved January 26,
2010, from National Education Association Web site:
Threats to Ownership and Copyright of Intellectual Property
The intellectual property (IP) is defined as an original creative work, which may be tangible or intangible form legally protected by law. (aman, 2004). The intellectual properties include the rights to scientific, artistic and literary works. Moreover, IP covers the invention of human endeavor, scientific discoveries, and industrial design. A current revolution of information technology has made IPs the greatest assets of assets. In the last few decades, there has been a rapid growth of digital discoveries where the IPs of the digital products are in electronic format. However, hackers have taken the advantages of the digital form of IP products by invading and stealing their IP in order to produce the counterfeited products and later sell them online. (Zucker, & Nathan, 2014). IP theft refers to an infringement of patents and copyright through counterfeiting of digital theft. Counterfeiting is an imitation of…...
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Reference
Barker, D. M., (2005). Defining the Contours of the Digital Millennium Copyright Act: The Growing Body of Case Law Surrounding the DMCA, 20 Berkeley Tech. L.J. 47.
Guess, R., Hadley, J., Lovaas, S., & Levine, D.E. (2014). Protecting digital rights: Technical approaches. In Bosworth, et al. (Eds.), Computer Security Handbook (6th ed., pp. 42.1-42.23). New York, NY: John Wiley & Sons.
IP Center (2011). Intellectual Property Rights Violations: A Report on Threats to United States Interests at Home and Abroad. National Intellectual Property Rights Coordination Center.
NIPRCC (2011). Intellectual Property Rights Violations: A Report on Threats to United States Interests at Home and Abroad .National Intellectual Property Rights Coordination Center.
intellectual rights and how they apply to all aspects of the business cycle.
Intellectual ights and the Business Cycle
Intellectual rights are something that almost every business today has to deal with in some form or other. While the concept is a relatively new one, it has, nonetheless, become a concept that no business today can afford to ignore. Intellectual rights can affect every part of the business cycle, and a company that ignores this issue does so at its own peril. Businesses can be forced out of business or find themselves in complicated legal trouble over intellectual rights if they abuse the intellectual rights of others. Businesses can also find themselves mired down in lengthy court battles and in financial peril if they ignore their own intellectual rights. This paper examines the issue of intellectual rights as they apply to all aspects of the business cycle.
Commission on Intellectual Property Rights." (n.d.). Commission on Intellectual Property Rights. Retrieved on October 25, 2003 at http://www.iprcommission.org/ .
There have been several arguments with reference to the social impact of the Intellectual Property, and it has been observed that the Intellectual property law has been responsible for the promotion of the competitive forces in such a manner that 'antitrust law does not address, and may do so based on evidence that would be insufficient in an antitrust context' (Brinson, 1994). It is indeed a difficult practice related to the 'forced sharing to attain optimal competition' (Brinson, 1994), and it appear to be unwarranted 'in most antitrust contexts, and it is clear indication of the absent clear proof of market harm' (Thomas, 2006), although it is expected to 'constitute improved and comprehensive Intellectual Property policy, even in the presence of ambiguous evidence' (Brinson, 1994). The anti-trust law and the intellectual property law is expected to minimize the cost of three different things, which include, false positives, as per…...
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References
Inigo Igartua Arregui. Refusals to Deal Involving Intellectual Property Rights. Law and Policy in International Business. Volume: 34. Issue: 4. 2003. Georgetown University Law Center.
J. Dianne Brinson, Mark F. Radcliffe. Intellectual Property Law Primer for Multimedia Developers. 1994. Law and Policy in International Business. Volume: 23.
Keith Eugene Maskus. Intellectual Property Rights in the Global Economy. Harvard University Press. 2003. pp. 176.
James B. Kobak. Intellectual Property Misuse: Licensing and Litigation. American Bar Association Publication. 2000. pp. 87.
Marketing
Product Safety, And Intellectual Property
Legal and Ethical Considerations in Marketing, Product Safety, and Intellectual
Ethics and legal issues refer to the morals and principles that govern the behavior and conduct of individuals or organizations. These legal principles and ethics serve to guide and offer directions on how to act or respond when faced with moral dilemmas. Marketing, advertising and product safety are areas of importance to everyone in the community. Production, distribution and use of products or services are areas guided by the laws of the land. The laws function to protect the community from exploitation or mishandling by the participants in the above sectors. In the marketing and advertising framework, the concept of ethics deals with personal moral principles and values. Under this framework, the society understands that laws are values and standards that are enforceable in the court. In the production of goods and services, the laws of…...
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References
Ventola, C.L. (2011). Direct-to-Consumer Pharmaceutical Advertising. Journal List, 36 (10), 669-674,681-684. www.ncbi.nlm.nih.gov > Journal List > PT > v. 36 (10); Oct 2011
New communication technologies require stricter scrutiny, as well. The threat of reprisal is the most effective measure against intellectual property right infringements, and for this reason one of the most essential actions that can be taken in this regard -- and frequently is -- is the filing of civil and criminal charges against companies that infringe upon these rights in an aggressive and uncompromising manner (Long 2000). This not only limits damages, but dissuades future infringement.
Protecting Other Firms
efraining from infringing on another company's tangible and intellectual property rights might be seem to be a simple task, but it does require that certain actions are taken by pharmaceutical company managers. First and foremost, knowledge of the property right laws in effect must be obtained and thoroughly understood in order to refrain from infringing upon them. With this knowledge in place, managers can ensure that any similarities that develop between their…...
Search Engines and Online Libraries
Content Creators
There are several people who might fall into the class of people who create intellectual property. First, there are creatives, for example writers, visual artists, or even project managers such as directors or the team who write code for software. All of these are actively involved in the creative process. When they are doing as employees or contractors of a company, then typically the rights flow to the company, as the financier of the project. But someone creating on their own should have full right to distribute as they please, whether or not this involves active digital rights management. There are examples of star acts that have sought to exert greater control over their work, using digital distribution models to bypass record companies. This is an example of a content creator exerting their natural control over how they distribute and control their work (Clemons, Gu,…...
person steals the property or possession of another, the action is considered both a criminal and moral offense that if caught, the corresponding penalties are meted out. The matter is easily provable because what was taken is a tangible entity that provides solid proof of the usurpation. The issue becomes contentious when what has been stolen is intangible especially if these are original ideas, thoughts, designs and concepts. This then comes under the purview of plagiarism, a well-known offense not only in the academic circles but in the milieus dealing with intellectual property rights and copyright. Plagiarism should be differentiated from copyright though wherein "copyright is an area of civil and criminal law that prevents a series of uses of a qualifying creative work [while] plagiarism is a primarily ethical issue that centers around the dishonesty of claiming another's work as your own (ailey, 2011)." Nonetheless, plagiarism at its…...
Anthropology
Andean Indigenous Interest and Rights regarding the Politics of the Amazon
In today's society, there is a tremendous need for global initiatives to support biodiversity, conservation and the protection of nature, as well as the culture of local inhabitants, especially those living in the Amazon. In recent years, many governments and coalitions have partnered with communities and native leaders to protect biodiversity and culture.
Grass-roots organizations and scientific discoveries have increased awareness about these issues, which include democratic participation by indigenous people, intellectual property rights, and cultural and ethnic identity. Within the context of globalization, the world is shrinking, and the dominant cultures, those of Europe and the United States, are penetrating the local world, including the indigenous groups in the Amazon basin. This paper will discuss the Andean indigenous interest and rights regarding the politics of the Amazon.
Introduction
Global interest in ecological issues began in the mid-1980's. The World Commission on Environment…...
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Bibliography
Davis, S. (1993). Indigenous Views of Land and the Environment. World Bank Discussion Paper No. 188.
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,....
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....
This topic explores the transformative effect of social media on consumer decision-making. Analyze how platforms like Facebook, Instagram, and TikTok shape consumer preferences, influence brand loyalty, and drive purchasing patterns. Examine the role of influencers, algorithms, and target marketing in shaping consumer behavior and discuss the implications for businesses and marketers.
Behavioral Economics in Healthcare:
Behavioral economics integrates psychological principles into economic analysis. In healthcare, this approach can provide valuable insights into patient decision-making, adherence to treatment, and demand for healthcare services. Discuss how behavioral economics can be applied to improve healthcare outcomes, design effective....
Yes, "substantially similar" is a common qualifier used in legal language to describe something that closely resembles another element or pattern. Therefore, the terms "pattern" and "substantially similar" can intersect in the context of determining infringement or similarity in intellectual property law.
In intellectual property law, courts often consider whether a pattern or design of a product is "substantially similar" to another in order to determine if there has been infringement. This analysis typically involves looking at the overall impression created by the two patterns and assessing whether they share enough similarities to constitute infringement. Factors such as the level of....
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