In anticipation of our meeting next week to go over the launch of my e-commerce business, I would like to discuss the issues outlined in this document. It is my understanding that the laws that apply to traditional businesses also apply to e-business. My concern is the company will have greater legal exposure because of the ability of consumer access worldwide and twenty-four hours a day. Any controls that could be implemented prior to the launch would be ideal. My goal is to avoid future e-commerce legal problems by planning a legal risk management strategy and implementing industry best practices. My understandings of the issues are documented below. Please be prepared to clarify any misunderstandings I may have during our meeting next week. Issue 1. Types of intellectual property applicable to e-business Wikipedia (2006) describes intellectual property as ¡§a legal entitlement, which sometimes attaches to the expressed form of an idea, or to some other intangible subject matter. This legal entitlement generally enables its holder to exercise exclusive rights of use in relation to the subject matter of the intellectual property. The term intellectual property reflects the idea that this subject matter is the product of the mind or the intellect, and that intellectual property rights may be protected at law in the same way as any other form of property.¡¨ The main types of intellectual property are trademarks, patents and copyrights.
Intellectual Property - Intellectual property reflects on the ideas and things we can imagine and produce with our minds. Intellectual property includes anything that may be patented, owned, or protected by a trademark. There are four types of intellectual property, such as trademark, copyrights, patents, and trade secrets. Based on this week’s scenario, Sam had signed a non-disclosure agreement as a condition of his employment with ABC but unfortunately, has violated the conditions by downloading a list of customers for the company. This implies that the subject of intellectual property
According to our textbook, “Real property constitutes land and all things permanently attached to it (i.e. a house, a tree or coal below land). Intellectual property such as copyrights, patents and trademarks is personally owned but generally treated as a separate form of property by the law. Personal property is characterized by its portable nature; it can be carried from place to place (i.e. tangible personal property or intangible personal property)” (Roger, 2012).
When Tim Berners-Lee created the Internet as a non-proprietor, not-for-profit information conduit, he could not have predicted how controversial digitized intellectual property would become. Prior to the Internet, intellectual property was a fairly straightforward issue. It was protected with copyright, trademark, and patent legislations, which granted exclusive rights to owners. Violations were not as abundant because distribution was constrained by time and space. Moreover, violators were identifiable because anonymity was difficult to achieve. In today's "global village" however, digital information such as books, music, software and art can be instantly shared between two anonymous users, without any fee to the creator. Legislation is much more difficult to enforce.
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 the product of creative thought. Intellectual property law establishes rules for the registration, administration, sale, licensing, and dispute resolution of intellectual property (Stim, 2017). By taking the necessary steps to claim
Intellectual property consists of the fruit of one’s mind and not one’s hands. The laws of intellectual property protect property that is primarily the result of mental creativity rather than physical effort. When we are thinking about rights of any kind, it is important to remember that society, through laws, decides what rights individuals and communities have with regard to property.
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.
Miller, Roger LeRoy., and Gaylord A. Jentz. "Chapter 2." Business Law Today: The Essentials : Text & Summarized Cases : E-commerce, Legal, Ethical, and International Environment. 9th ed. Mason, OH: South-Western Cengage Learning, 2011. 43-55. Print.
Intellectual property is property resulting from intellectual, creative processes. A product that was created because of someone’s individual thought process. Examples includes books, designs, music, art work, and computer files. (Miller R. J., 2011, p. 114) In the music industry a copyright is an important tool for artist to use to protect themselves from infringers. A copyright is the exclusive right of an author or originator of a literary or artistic production to publish, print, or sell that production for a statutory period of time. A copyright has the same monopolistic nature as a patent or trademark, but it differs in that it applies exclusively to works of art, literature, and other works of authorship (including computer programs). (Miller R. J., 2011, p. 125)
Intellectual property (IP) is defined as property that is developed through an intellectual and creative processes. Intellectual property falls under the category of property known as intangible rights, which includes patents (inventions of processes, machines, manufactures, and compositions of matter), copyrights (original artistic and literary works of), trademarks (commercial symbols), and trade secrets ((product formulas, patterns, designs). Intellectual property rights has a significant value to both individuals and businesses, providing in the case of large companies, over one half of their value on return. Since intellectual property rights are so important to the U.S. economy and its citizens, federal and state law provides protection, for example, civil damages and criminal penalties to be assessed against infringers. Due to the importance of intellectual property to a business, I don’t think that its protection and enforcement is going to be a thing of the past.
There are many reason that why is it important to protect one’s intellectual property. Some of the reason are Creator being accused as a theft, Loss of Reputation, Loss of income, Loss of Asset and Loss of Authority Rights.
The basis of e-business is intellectual property, which holds trademarks, domains, copyrights, patents etc. This article helps understand how trademarks, domains, copyrights, patents, etc. relate to one another and their use in the virtual world including protecting them against issues in cyberspace.
Intellectual property is the ownership of ideas as well as the control over the tangible or virtual representation of those ideas. Software is intellectual property, as are books, movies, and music.Like music performers and authors, software developers use copyright laws to protect their work and their investment in the field. The theft of intellectual property thus eliminates the resources used to develop newer and better products.
With the emergence and growth of the internet, intellectual property laws are much harder to enforce and many people are saying that they are outdated and obsolete. Intellectual property allows you to own your ideas, thoughts, and creativity as you would own a piece of tangible property. The human mind is a creative tool that comes up with ideas, designs, schemes, and inspirations of all kinds. Intellectual property views these ideas as being property. The ideas must also have commercial value and be a tradable commodity otherwise there would be no point to protect it. Intellectual property is basically the ownership of ideas. If one were to write a novel, for which the idea was conceived in there mind, they could copyright that novel so that no other person could steal that idea and write another novel on it. Copyright is a type of intellectual property. The main types of intellectual property are patents, trademarks, trade secrets, and copyrights. There are many issues arising about copyright and intellectual property due to the technological advances in the past ten years or so.
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.