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... ... middle of paper ... ...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.
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pple Inc. has earned a reputation like no other company in the entire world of business. With continuous spectacle debuts of innovative and user friendly products, Apple sets the model for how other organization need to follow in order to chase down profits and stay in the race.
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
A trade secret can be continued to be use exclusively by a company for an indeterminate length of time if it is not discovered. It consists of information that is patentable. If a trade secret is discovered, its intellectual property rights are lost. Under the law, trade secret is protected from everyone except certain key individuals within the business or company. If someone reveals this secret information to others, legal action can be taken against him.
...ften times Apple will simply take the fine because it can afford to, and would rather pay the money then fairly open their trade secrets up to the world. This loophole in the law, if you will, is allowing for Apple to pay its way through anti-monopoly laws and regulations.
This case study will examine the moral issues of intellectual property rights and the effects they have on society. There are many varying stances on the subject of intellectual property, with people opposing either or both of intellectual property ownership and creative commons for various reasons. Mandatory copyrighting and patenting of inventions and published works has the potential to majorly restrict advancements in science and culture.
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)
...and didn’t credit those deserving of it. “We have always been shameless about stealing great ideas” remarked Steve Jobs. Apple always came off as the dominator of the technology world, but in the recent years they are falling down. In order to get back on top, Apple needs to create a product so revolutionary that even their competitors would be stunned. Apple seemed to be an “undisputed king” but after the death of Steve Jobs, Apple seemed to come in second after their competitors. Another problem Apple has to pay closer attention to the treatment to their employees in their factories all over the world because these laws are not only in violation of local laws, but national laws as well and could cause a lot of problems for the company As Apple gets bigger they experience problems with employee treatment, keeping up with expectations and their success over seas.
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
April 15, 2011 marks the date that kick-started the most high-profile US design patent cases of all time; a lawsuit that could possibly change the face of technology as we know it. Apple Inc. sued Samsung Electronics Co. on the grounds that Samsung’s smartphones as well as tablets infringed upon Apple’s technology and design patents (Apple Inc. v. Samsung Electronics Co., 2013). Deemed by the United States Court of Appeals for the Federal Circuit to be “The Patent Trial of the Century”, the case drew an extraordinary amount of worldwide attention, grabbing the headlines and taking center stage. The jury found that Samsung had infringed Apple’s design patents on the home button, and rounded corners of the phone, as well as their utility patents covering the “bounce back effect,” and “tap to zoom” functions (L., 2013). Samsung was asked to pay Apple $1.05 billion in damages (Stern, 2012). The case is likely to be re-examined, however, as appeals have already been filed. Impacting the product design of new technologies for years to come, this lawsuit has provided an opportunity for experts to further understand the scope of design rights and determine how close is too close in regards to design patent infringement (Carani, 2012). Patent laws are impeding to the point of prohibiting new products created by emerging or existing companies from entering the market; furthermore, patent laws have made it possible for current technology-producing companies to seemingly create a monopoly on technology design.
...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 protection has become increasingly popular in the last century. Many factors have probed interest in this area of the law. A few of those factors include musicians seeking protection of their musical talents through use of copyrights, companies seek to protect inventions of advanced production capabilities, companies create trademarks that differentiate their unique goods from competitors, and companies like Coca-Cola protect their undisclosed ingredients for their products through use of trade secrets. These examples are to gain an understanding of how and why intellectual property rights help companies seek advantages in the marketplace. Furthermore, as the world shrinks because of advancements in transportation and computer technology, intellectual property rights become a large part of entrepreneurship and product development. This paper will discuss the interesting and challenging topic of intellectual property protection. The four basic types of intellectual property include copyrights, patents, trademarks and trade secrets; we will discuss the intellectual properties in the order in which they are listed.
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 ...