Essays on Intellectual Property Law

Introduction

Objective of the Discussion One of the most renowned marketing gurus Phillip Kotler argues that innovation is the most critical aspect of a successful business nowadays (Burk & Lemley, 2009). Practically all known markets are oversaturated with offers, and the only way to succeed is by inventing new products and services or by changing the business and the marketing methods. Realizing that applying traditional cost-cutting methods of reducing overheads and attracting the new customers is no longer effective, the business community becomes focused on considering innovative approaches as the only effective method of keeping afloat and expanding the market shares ( ...

Part 1 Option 1: Video marketing campaign site (1250 word equivalent)

URL =

Video Script

Talking Head Hello, are you looking for latest games, HD videos, music, and memorabilia or caters? That is always a daunting task to do by yourself when we are here and ready to serve you. We are a U.K based company that specializes in selling video games, both latest and all-time favourites that will always leave you wanting for more. Also, we have been dealing with all range of videos and music genres and we guarantee you will not miss your portion too. Additionally, we have a range of memorabilia and caters that you can order anytime and ...

What is the case statement? What decisions does P & G need to make?

The Procter and Gamble Company has to revise its advert if it is to make a positive impact in the market. The proposed ‘Mumbles’ advert is comparative and implies negative notions on the use of Colgate and Palmolive’s ‘Simply White’ product. This form of advertising, is also involuntarily shifting the viewers’ attention to the rivalry between the two companies: when the objective, and this is an educative guess, is to show the brand’s prowess over the rival’s brand. P&G, therefore, needs to revise its advertisement approach towards a more positive and more product oriented approach. P&G ...

There are so many businesses emerging, with an aim of paving through the current markets in a better way than others. As businesses develop, competition becomes inescapable, with the newly established trying to emulate the already established businesses. New business may like to copy ideas from other companies, hence calling for the need for the intellectual property. Coca-Cola Company was invented in 1886, and has been producing world’s all-time number one soft drinks, but no one knows the formula they use to make their products. Their patent is well protected from outsiders who may want to emulate their ...

There are many ways in which business law and intellectual property rules are interconnected. Nearly every business in places like the United States rely on the business model that assumes that one business cannot steal ideas from another business and profit off of those ideas. Although the complexities of this realm of business law are many and the situations not cut and dry, the section of business law that deals with intellectual property focuses on determining whether a party is infringing on the creativity of another party.

Intellectual property law varies between different niches, of course—intellectual property law ...

Intellectual property is abbreviated as IP, is a legal terminology that denotes creation that has been conceived by mind. Examples of IP include literature, invention and innovation, music, designs, artistic work, words, symbols and phrases. In the intellectual property law, individuals who own intellectual right are allowed to have certain special rights. There are different forms of intellectual property rights also abbreviated as IPR. These rights include trademark, patent, copy rights, and industrial rights; trade dress, and in some countries or jurisdictions trade secrets are also recognised under IPR. Since the IP law cover a wider area of rights, this paper ...

The term intellectual property refers to creations of the human mind such as designs, inventions, and artistic works. Types of intellectual property include copyrights, trademarks, patents, geographical indications, and industrial designs. Copyrights define the rights that individuals have over their artistic and literary works. The works covered by copyrights include paintings, music, books, computer programs, advertisements, and technical drawings. Patents are exclusive rights granted to an individual for an invention. They give the creator the right to decide whether others can use their inventions. Trademarks, on the contrary, are mostly used in business entities, especially for helping the public ...

Dissertation Final Chapter: The Protection of Tattoos

There are a plethora of potential pitfalls associated with the legal protection of tattoos, although there have been cases around the world in which the issue of intellectual property (also referred to as IP henceforth) in which the owners and creators of certain tattoos have brought legal action as a result of the use or perceived misuse of the artwork (O’Connor, 2015). O’Connor points to a recent, famous instance in which Mike Tyson’s famous facial tattoo was used in the film The Hangover—the directors and producers of the film utilized the tattoo as a comedic tool, but the tattoo ...

Introduction

Cultural heritage refers to the sites, tangible objects, knowledge, stories and other manifestations that are handed down from generation to generation and regarded as a constituent part of a particular group of people (UNESCO, 1972). In 1972, the World Heritage Convention was adopted by the United Nations Educational, Scientific and Cultural Organization (UNESCO) with the aim of facilitating cooperation between nations to protect heritage, wherever it exists in the world, that is of “such outstanding and universal value that its conservation is important for current and future generations” (UNESCO, 1972). Accordingly, signatory states are required to identify, protect and conserve World ...

Ethics Violations of PharmaCARE

When viewing the behavior of PharmaCARE in marketing and selling its drug AD23, there are a number of ethical issues that the company is brazenly violating. The first and most brazen violation of marketing ethics was creating a subsidiary (CompCARE) to do the marketing for AD23 in order to circumvent the regulation of the FDA. This is a clear violation of the ethical need to comply with government regulation, which businesses are expected to do. By creating CompCARE and shuffling off the product to them, creating a hasty renovation and shifting of resources, the goal was to prevent the FDA from being able ...

Intellectual property is employed in multiple areas to govern individual rights to and ownership of products and ideas of the mind. These laws play a big role in encouraging people to be more innovative and creative to come up with new ideas. Protection of these ideas is essential as one will be credited for their contribution to the innovation. In essence, intellectual property rights have a general benefit to the society. The originator of the idea or work/ creation is granted a bundle of rights to own and use the ideas or the intellectual creation as they may desire (Charnley, 2011). In ...

They did not pay proportionally to the purchase. However, it is irrelevant because the facts do not state otherwise. Normally when purchases are done un-proportionally, the parties involved will receive unequal returns on investment. In this case Harry, Ida, Julian, Katrin and Luca did not emphasize on this fact. A transfer usually holds contains a maximum of four trustees on the legal document1. Luca is not on the transfer but he is still a joint tenant. The transfer carries all the names but excludes Luca’s. As per the Law of Property Act 1925, the four trustees are joint tenants and ...

Introduction

The western civilization has been fueled by the technological inventions that have flooded commodities in the market since mid-18th century. The Technological vibrancy of the west has been influenced by laws that seek to protect the intellectual property rights of the inventors and scientists. The British Statute of Anne 1710 was the first recorded copyright law in the world; it gave exclusive ownership rights to printers of books. The law prohibited the copying of books by other printers. With the development of modern technology the scope has been extended to motion pictures, maps and sound recording. Copyright laws have ...

Globalization

Today, globalization has reached new levels of importance in the modern world. Not everyone agrees that globalization is necessarily a good thing for the modern world, but whether it is a good or a bad thing, it seems to be unavoidable. Globalization is often spoken about in broad terms, but what globalization truly is is the integration of different cultures and the intermeshing of different economies across geographic, cultural, or other traditional barriers to integration. The term is a relatively new one, used to describe the world in the closing years of the Cold War and the new, more openly-integrated world. Globalization ...

Introduction

It is becoming increasingly difficult to enforce any trade mark related law in this digital environment. This has remained to be one of the major demands of the Anti-Counterfeiting Trade Agreement (ACTA). This is the body presented with the mandate of enforcing the Intellectual Property Law (IPL). An Intellectual property law is that faction of law that controls the claim and utilisation of creative works. This includes protection of copyrights, industrial patterns, royalties, geographic indications, trademarks and patent law. All of them are interested in a variety of aspects. This paper will analyze the trade mark law.

History of the Intellectual Property Law

The necessity of ...

Introduction

Intellectual property law has been one of the driving factors of innovation in the nineteen century. Most notably, it is known for the straight stance it takes on the violators of other people’s intellectual works. Intellectual property can be defined as all works of art, notably brought to protection by the inventor for the purposes of ensuring no other person will benefit contrary to the initial mission of the invention (Bentley, 2008).

The legal case in the submission

Howard, being an avid lover of sea and its showings has been maintaining a collection of sea items that has been of great interest to him. This ...

Apple Inc. v. Samsung Electronics Co. Samsung and Apple have engaged each other in multiple of suits in various countries in the world including the United States. The two are the leading companies worldwide with regard to the sales of smartphones and tablets. Despite this success they have been engaged in countless suits in more than 11 countries. In Apple’s case against Samsung in the United States, Apple was suing Samsung for alleged patent infringement violations in a number of their electronic products. Apple also sought redress amounting to billions of dollars as damages if the court found ...

Introduction

Chick-fil-A, Inc. was an organization that was organized in the early 1960s and is considered to be the second biggest fast food chicken eatery in the entire United States. Chick-fil-A stores are positioned in 39 states and that includes the District of Columbia. Research shows that the sales for 2011 had actually gone way past the $4.1 billion mark. Research also displays that Chick-fil-A maintains a crowd of trademarks, as well as trademarks for “Chick-fil-A” and not to mention for the motto “Eat more chicken” nevertheless, Chick-fil-A has some disputes over the years such as the case of Robert Muller-Moore ...

Trademarks are some of the many intellectual property rights that are protected under the UK property rights law. Specifically, trademarks are governed under the Trademarks directive. In the case at hand, L’Oreal v Bellure, who is the defendant produced fragrances that were similar in smell to those of the plaintiff Chic SARL who made expensive fragrances for the high-end markets. Loreals fragrances were however marketed in the low end markets and cut chemists so as to appeal to the low income earners. The intention of loreal was to ensure that her products appeared like expensive brands so as ...

Introduction

Intellectual Property Rights were negotiated and successfully approved in 1986 at the Uruguay Round under the able and comprehensive leadership of the general agreement on Tariffs and Trade. This body of law had and has had profound effects and repercussions in the overall implementation and consequential results in the entire world. In accordance with the 1986 agreements, it was granted that intellectual property rights shall be respected and observed by all member states. In addition, the developing countries were granted a reprieve through an extension to commence respecting the stringent intellectual property rights no later than 2005. In the same ...

PART A

The works in question Scenting Ltd sells perfumes and toiletries for both men and women which smell like other expensive brands. The company’s products bear writing on them indicating that they “smell like” an expensive brand. For example one of their products, “Dawn” smells like “Naissance” which is produced by a French company called Chic SARL. “Dawn’s” packaging has words indicating that the company’s testers differentiate between “Dawn” and “Naissance”. When the Chic SARL Company moves to court on copyright infringement grounds, Scenting Ltd maintains that there is no copyright infringement. This is a summary of the ...

Apple Inc. v. Samsung Electronics Co. Samsung and Apple have engaged each other in multiple of suits in various countries in the world including the United States. The two are the leading companies worldwide with regard to the sales of smartphones and tablets. Despite this success they have been engaged in countless suits in more than 11 countries. In Apple’s case against Samsung in the United States, Apple was suing Samsung for alleged patent infringement violations in a number of their electronic products. Apple also sought redress amounting to billions of dollars as damages if the court found ...

L’Oreal v Bellure (2010) was decided by the European Court of justice. This decision of the court was to the effect that taking advantage of the reputation enjoyed by an earlier trade mark constituted an actionable offence. The decision of the court makes an offer for the increased protection of trademarks of well established market brands. The rationale issued by the court for the decision is on the premise that use of reputations of trademarks is essentially giving an unfair advantage since it is similar to gains principal in restitution law. In the case of L’Oreal ...

The pursuit of justice, particularly in relation to Intellectual Property Law, made me choose to apply for the law program after school. I was determined this was going to be my area of specialisation. I am particularly interested in copyright and patents, as studying Intellectual Property Law during my Bachelors degree in Russia made me appreciate the issues surrounding copyright and the need for copyright and made me want to study how copyright can be protected. I have research experience in this area, as the theme of my Diploma was about ways to protect authors’ rights, and my final ...

Introduction

The issues that surround the protection of intellectual property continue to prevail as the intangible nature of intellectual property makes the limitations of its proper use hard to identify and delineate. Especially in this age when technology enables intellectual property to be created in so many digital formats, such properties can be even harder to safeguard. Although laws are created to define and limit the correct and proper use of intellectual property, these laws are not always enough. To strike a balance, the proper use of intellectual property can be ensured through compliance to these laws combined with a person’s ...

The term ‘Intellectual Property’ or IP has gained tremendous importance in modern times. Judiciary systems are becoming increasingly concerned about criminal as well as civil laws pertaining to intellectual property. The scope of such laws would extend to a wide spectrum and could have a deep impact on economies and individual industries. One such industry to be impacted is the gaming industry, particularly video games and virtual worlds. The gaming industry has witnessed fast paced evolution in the past two decades. Video games today are played through gaming consoles as well as on PCs and mobile handheld devices including cell ...