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E-Commerce and Intellectual Property Law, 2008.
A review of the importance of patents, copyrights and trademarks as they relate to intellectual property law and e-commerce.
707 words (approx. 2.8 pages), 2 sources, APA, $ 25.95
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Abstract
This paper discusses intellectual property law as it relates to e-commerce and business on the Internet. It lists and describes the several types of trademark infringement that can occur in the realm of e-commerce. The paper specifically focuses on the importance of patents, copyrights and trademarks as they relate to intellectual property law.
Table of Contents:
Introduction
Knowledge is Key
Legal Protections
Summary
Conclusions
Recommendations
From the Paper
"Patents have become a popular method of protecting products sold over the Internet. If one company fails to obtain a patent for a product, another company is destined to do so. Although patents offer protection, they can also link several companies together in a web of "cross-licensing agreements". This is actually beneficial, as patent infringement can then be avoided, and at the same time, each company in the web earns a royalty (citing Anonymous, 1996; Mykytyn & Mykytyn, 2005, p. 51). Copyrights are also great protection for those companies using e-commerce to sell their goods. User interfaces and graphical displays are protected by copyrights, as they are considered output created by a program (citing Nimmer, 1997; p. 52). Additionally, E-commerce sites that link to one another without authorization are not only unethical, but are also a copyright infringement. Trademarks are also effective and can be "any word, phrase, slogan, graphic image, musical phrase, distinctive sound, or other symbol used in the offer and sale of goods" (p. 52). This is to protect the public from confusing or misidentifying two products that may be very similar."
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Contemporary Intellectual Property Law, 2005.
Examines dilemmas of intellectual property law in the 21st century.
900 words (approx. 3.6 pages), 3 sources, $ 35.95
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Abstract
This paper discusses the challenge brought to our understanding of intellectual property law and copyright by way of MP3 file technology, the Internet, and general changes in the environment of law that once protected the monopoly of the music recording industry, as the prime example. The paper stresses how technology forever will alter protective law as part of law's reliance on a particular environment.
From the Paper
"The advent of cyber-technology and the overall revolution in communications has produced much debate on how to maintain our previous ideas of intellectual property. An important fundamental idea is that of how we assume that laws protecting property have always been in place, forgetting that they are relatively new, and that law of the kind very much depends on our ability to enforce the law. McCourt & Burkart explained the challenge to existing intellectual property law that was raised by on-line music distribution, Napster or other MP3 technology, and the response of the United States recording industry."
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Intellectual Property Law, 2004.
This paper discusses the problems with intellectual property law in the music and Internet industries in the European Union.
3,520 words (approx. 14.1 pages), 4 sources, MLA, $ 98.95
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Abstract
This paper explains that the European Union copyright directive, especially as this relates to the music industry, is an attempt at adjustments in intellectual property law; however, it falls short of the all-encompassing clarity required in specific situations, such as certain cases within the music industry, new technological developments, and the Internet. The author points out that the three issues that impact the music industry when mergers between large companies are considered, in terms of competition law, are the gatekeeper, the source, and the path issues. The paper relates that warnings to the effect that piracy protection devices could lead to damaged equipment should be issued not only as a deterrent, but also as a courtesy and acknowledgement of the rights of the public; the industry should acknowledge that users more often than not make copies of discs for their own personal use, not for the purpose of profit.
Table of Contents
Introduction
The Changing Music Industry and EU Competition Law
The Gatekeeper Issue
The Source Issue
The Path Issue
Problems Associated with the EU Copyright Directive
Copyright Laws and the Digital Age
The Repercussions of the Copyright Directive
Technological Advance and Legislation
Conclusion
From the Paper
"Although the purpose of the Directive is repeatedly stated as increasing legal certainty, the opposite is actually the case. Although this article is meant to reconcile rights owners and their interest with the interest of users, the vagueness of the article does not appear to ensure the rights of anybody. Indeed, there appears to be an increased amount of uncertainty as opposed to the idealized certainty in the initial goal. Indeed, the legislation and its exceptions appear to create a singular amount of opportunities for abuse and misinterpretation. Furthermore there is a list of no less than 20 exceptions to the copyright law. Adding to the confusion, these exceptions are furthermore optional rather than mandatory, allowing Member States to pick and choose which to implement and which to discard."
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Real and Intellectual Property Law Briefs, 2006.
A case study reviewing a real property case and an intellectual property case.
1,350 words (approx. 5.4 pages), 3 sources, $ 53.95
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Abstract
This essay contains two case briefs, one for a real property case and one for an intellectual property case. Furthermore it answers six questions which the customer wanted included. The questions deal with real and intellectual property law.
From the Paper
"Facts: The city of New London, Connecticut was in need of economic revitalization so when the Pfizer corporation began to construct a new facility on the outskirts of a residential neighborhood, the city reactivated "the New London Development Corporation, a private entity under the control of the city government, to consider plans to redevelop the Fort Trumbull neighborhood and encourage new economic activities that might be brought by the Pfizer plant" (Kelo, 2006, p. 3). The corporation came up with a development plan which the city approved. The corporation offered to purchase the lots of Fort Trumbull which it would need, however some owners of the properties did not wish to sell."
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Domain Names and Intellectual Property Law, 2002.
Explains how the law functions with regard to domain names and intellectual property.
650 words (approx. 2.6 pages), 3 sources, $ 26.95
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Abstract
This paper briefly examines the positive and the negative status of the law in respect to domain names. The status of intellectual property rights within technology is complex, but legislation is working to smooth out any inapplicable or ill-intentioned problems.
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Intellectual Property Law - 'Passing Off', 2006.
A discussion on how the law of 'passing off' protects the descriptive and the functional.
1,894 words (approx. 7.6 pages), 3 sources, MLA, $ 60.95
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Abstract
This paper examines the intellectual property law of 'passing off'. The paper explains that the law of 'passing off' is a common law right of action in the law of tort and is based on the premise that 'nobody has any right to represent his goods as the goods of somebody else'. The paper looks at how the action is effectively one of unfair competition, and applies generally to situations where there is no registered trademark or any other intellectual property right. The paper then points out that a typical scenario would be when a defendant uses an unregistered trademark normally used by a claimant, and in so doing, represents the goods or services in such a way that the public is deceived into thinking that they are being offered by the claimant. The paper also explores how protection under the law of passing off is very much dependent on how much importance consumers place on the part when purchasing the product in question. In conclusion, the paper shows that the courts generally adopt a restrictive approach towards protecting the descriptive and the functional because granting such protection will have a negative effect on the market, and ultimately this is a question of fact, and the courts will look at all the circumstances of each case before making a decision.
From the Paper
"So long as these criteria are fulfilled, the claimant would have successfully established 'goodwill' for his goods or services, but a descriptive mark runs the greatest risk of becoming too distinctive over time that it is deemed generic. By losing its ability to indicate source, the claimant can no longer rely on the law of passing off to protect the mark. This danger has been highlighted by the case of Linoleum Manufacturing v Nairn [1878], where the public began using the term 'Linoleum' to refer to the product generally, without connoting the source of manufacture. As such, the courts will be reluctant to allow monopoly over such terms so as to promote healthy competition in the marketplace."
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Intellectual Property, 2002.
A review of intellectual property laws and the impact on the economy.
900 words (approx. 3.6 pages), 6 sources, $ 35.95
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Abstract
This paper covers the role of software piracy as an infringement of rights on the intellectual property and underlines the economics and laws involved.
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Intellectual Property.
This paper discusses intellectual property and its protection.
3,465 words (approx. 13.9 pages), 25 sources, MLA, $ 97.95
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Abstract
This paper explains that, based on the U.S. Constitution, intellectual property law protects under six categories, including 1) copyright, 2) patent, 3) trademark, 4) trade secret, 5) misappropriation of information at state levels, and 6) semiconductor chip protection at the federal level. The author points out that the concept of intellectual property originated in Venice, where the government granted some form of exclusive rights to the respective inventors in the 15th century. Copyright laws have existed in the United States since the late 18th century, but it was only in the beginning of the 20th century that Congress realized the importance of revising the laws. The paper relates that an effective knowledge management system allows a business to effortlessly keep track of innovation in its earliest research and development stage, allowing the company's upper hierarchy to identify innovation and maintain its confidentiality.
Table of Contents
Intellectual Property
Intellectual Property Violations
Protection of Intellectual Property
Knowledge Management System
Patent
Trademark
Trade Secrets
Copyrights
Conclusion
From the Paper
"Intellectual property is an important asset for a company. According to Su (2000) "Intellectual property rights are defined as governmental protection of private innovations and creativity." Every company has to fight to retain and protect its intellectual property. Intellectual Property is hypothetically a reference to the creation of the mind. It is an intangible piece of property that solely belongs to the company that developed it. They have the legal right to own it as a lot of time and resources have been spent developing it. Intellectual property can be anything like copyrighted work, patented invention or a trademark."
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Intellectual Property Rights, 2006.
An overview of intellectual property rights and how they affect businesses.
1,270 words (approx. 5.1 pages), 6 sources, MLA, $ 43.95
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Abstract
Several countries, while ratifying the agreement with regard to establishment of the World Trade Organization, also ratified the inherent Agreement on Trade Related Aspects of Intellectual Property Rights. The paper shows that intellectual property rights can conveniently be divided into two main fields - copyrights (or rights related to copyright) and industrial policy. The paper explains that the safeguard of intellectual property is considered as a crucial factor for economic growth and advancement in the high technology sector; they are beneficial to business and assist the public as a whole. The paper shows, however, that several problems arise from the enforcement of intellectual property rights particularly with regards to ownership of information. These include copyrights, patents, trademarks, trade secrets, design rights and plant breeders' rights for which an alternative has to be found.
Paper Outline:
Abstract
Intellectual Property Rights
What are Intellectual Property Rights?
What National and Global Directives Govern their Enforcement?
What are the Implications for Business?
What Can/Should be Done?
References
From the Paper
"The intellectual property rights have been guaranteed by law and can conveniently be transferred, sold, authorized for rent and in some nations even mortgaged, in much the same way as physical property particularly real property. However, the rights have some confinements incorporating the limitations and other considerations of issues like their contradiction with the fundamental rights and the codified provisions in force. The legal issues involving intellectual property rights have two dimensions."
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Intellectual Property, 2002.
Examines how intellectual property can be protected from being exploited over the internet.
1,020 words (approx. 4.1 pages), 3 sources, MLA, $ 36.95
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Abstract
The advent of the Internet and the information explosion has drastically altered our lives, with e-commerce becoming an important aspect of any business venture. However, all the comforts and the advantages that e-commerce offers are not without some inherent problems. The paper shows that while the global reach-out that that the internet promises makes it highly appealing, the unanimous nature and open network of the web makes it all the more difficult to control the possible exploitation and infringement of intellectual property. The paper discusses these ethical and legal issues and how they affect business conducted on the Internet.
Paper Outline:
Need for Protecting Intellectual Property
The Laws Governing Intellectual Property
Copyright Laws
Trademarks
Patenting
The Regulatory Medium
Evolving Global Regulatory Environment
Conclusion
From the Paper
"The World intellectual property organization located in Geneva is striving to create a common regulatory mechanism worldwide to govern ecommerce and the issues pertaining to the protection of intellectual property. The organization has evolved guidelines concerning intellectual property in context of the different legislations in the different member countries in the world. As such, it is fairly obvious that the intricacies and complex legalities involved in establishing a global Internet enterprise has proved to be a barrier for firms to go all out in to establishing their ecommerce venture. It is pretty clear that the immense potential of ecommerce rests on the possibility of a creating and adhering to a global regulatory environment. This is only possible if the governments from the different countries agree to design and stick to a single regulatory framework, as a guideline for legal action. [WIPO]"
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Intellectual Property in Oral and Literate Cultures, 2001.
Why intellectual property rights exist in literate cultures and do not exist in oral culture.
2,500 words (approx. 10.0 pages), 11 sources, MLA, $ 75.95
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Abstract
This essay is an in-depth analysis of intellectual property law in an historical context. The specific history can be divided into two periods of cultural development, orality and literacy. The concept of intellectual property (individual ownership of creative work) was not present in oral cultures, but it is enshrined in law in literate cultures. This essay draws on the works of communications scholars like Walter Ong and Dan Lacy in order to establish these facts, and then proceeds to analyze them using one of Marshall McCluhan?s most famous insights, that ?the medium is the message.? What this essay shows is that the medium of information preservation in oral cultures is fundamentally different than that of literate cultures. One medium supports the concept of intellectual property, and one does not. In other words, the medium determines the morals of the time. What is considered theft in literate culture is just sharing in oral culture. This examination of intellectual property in historical context is especially relevant today, with the current legal disputes over intellectual property in the music industry.
From the Paper
"At this moment in 2001, intellectual property is a hot topic. The right to own an idea is being debated in fields as disparate as medicine and the music industry. In historical context, however, intellectual property is a relatively new concept. The first modern copyright law only emerged in 1710 and the People?s Republic of China did not have a copyright system until 1991. In contrast, the first known cave painting dates to 31,000 BC. Humans have been creating for thousands of years, but those expressions were only defined as personal property quite recently. The exact moment of this definition is still debated by experts: some say it came with the first copyright law, some say it began with the printing press in 1436, and others say that it emerged with ?the artist with a markedly individual personality? in 6th century BC Greece (Ploman and Hamilton 5). Regardless of the specific point of division, copyright as we know it today was not present in ancient oral cultures (Bettig 11) and is not present in modern oral cultures like that of the Balinese (Ploman and Hamilton 4). Why the concept of intellectual property is evident in highly literate cultures and not in oral cultures can perhaps be best understood in terms of the social and political context of their respective historical periods. One explanation that emerges is that the chosen mediums of oral and literate cultures are qualitatively different and that each engenders a different set of social norms to guide intellectual production. What this paper seeks to do is to pursue this line of questioning by discerning what the medium was for each culture, analyzing the nature of each medium, and, finally, explaining how the medium determined whether or not the concept of intellectual property emerged."
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Intellectual Property, 2002.
Discusses ethical issues on intellectual property in e-business.
2,033 words (approx. 8.1 pages), 4 sources, APA, $ 64.95
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Abstract
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. The paper shows that with the boom in e-business, there have been many cases of infringement because of the relative ease in sharing information over the Internet. This paper briefly outlines the basics of intellectual property before providing a detailed discussion on e-business and intellectual property. The paper shows several cases of infringement to illustrate how intellectual property is important in e-business.
From the Paper
"Since the Internet is a huge interconnection of computers, information can be shared very easily. It is this very advantage that leads to many problems in protection of intellectual property. For example; pictures, music and literary works can be copied, modified and even distributed easily through the Internet. Such activities affect and violate copyright protection. There are several dangers in electronic business and organizations have to be very cautious and watchful. Copyright does not protect ideas but protects the forms in which they are expressed. Thus documents and material available on the Internet can be protected by copyright. According to the Copyright Act, even storing of material in a computer corresponds to reproduction of material. This implies that viewing a page on the Internet leads to infringement because the web browser would make a copy of the page in the computer."
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Intellectual Property Rights in Pakistan, 2003.
An examination of the situation of intellectual property rights in Pakistan.
3,300 words (approx. 13.2 pages), 17 sources, MLA, $ 94.95
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Abstract
This paper discusses the intellectual property rights in developing countries. It first briefly discusses the intellectual property and related issues, followed by the discussion of the state of intellectual property rights in Pakistan, an exemplary developing country.
From the Paper
"As technology improves, the current laws about intellectual property and copyright are being challenged. Copying of nearly everything, from sound, to text, to video is made simple with computers, the Internet, scanners, CD burners and other technology. It is worth mentioning that after Defense products, the second largest net export of the United States is entertainment programming (Anonymous, 1989). The U.S. Department of Commerce estimated the worldwide value of pirated music in the 1980s to be $1.2 billion annually (Griffiths, 1999). The International Intellectual Property Alliance estimated Unites States? losses in the recorded music industry due to piracy at $600 million per year in the 1980s and the numbers are certainly higher now (Griffiths, 1999). There is obviously a lot at stake for those who are involved with the music industry as well as all the other industries affected by piracy."
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Intellectual Property and the World Trade Organisation, 2002.
Considers intellectual property rights and how they are handled by the World Trade Organization.
2,150 words (approx. 8.6 pages), 6 sources, $ 80.95
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Abstract
This paper looks at the problems of intellectual property rights and how they have been tackled by the World Trade organisation in the TRIP's agreement. Examples of some types of intellectual property rights are used to illustrate the wide range and complexity of the issues.
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Intellectual Property, 2003.
A review of the pros and cons of intellectual property.
1,470 words (approx. 5.9 pages), 4 sources, MLA, $ 48.95
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Abstract
Intellectual property has been credited with the stimulation of original work, and that intellectual property laws are necessary to create incentives to facilitate the production of original work. This paper argues that without such protection the quality of works created would be substandard and that the best creators may not work without those rights. It explains that to take these rights away would deny creators their rights to profit from their work by selling the ideas to interested parties. This paper also examines the other side of this issue to provide the reader a more balanced perspective on this matter.
From the Paper
"Intellectual Property could be defined as an original thought process, which led to a creation of an idea, discovery, design, written work, or an invention. It becomes a product because somebody who may or may not be the creator owns it. The profitability of Intellectual Property depends on the marketability of the products based on it. Once Intellectual Property is created, there are ways for the creators to add value to their assets. One method is through licensing, and users pay set fees and royalties for the rights to use these properties. Another method is for the creators to sell them outright, thereby transferring ownership to the buyer. Yet the third method is to start a company or business around the idea. Through this method, additional value is added to this asset before future licensing or sale. If this strategy proves successful, the owners may eventually go public with an IPO or allow the company to be acquired by other parties. According to another definition, Intellectual Property the ?Content of the human intellect deemed to be unique and original and to have marketplace value?and thus to warrant protection under the law. Intellectual property includes but is not limited to ideas; inventions; literary works; chemical, business, or computer processes; and company or product names and logos. Intellectual property protections fall into four categories: copyright (for literary works, art, and music), trademarks (for company and product names and logos), patents (for inventions and processes), and trade secrets (for recipes, code, and processes)? . Concern over defining and protecting intellectual property in cyberspace has brought this area of the law under intense scrutiny."
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