| Papers [1-15] of 100 :: [Page 1 of 7] | | Go to page : 1 2 3 4 5 6 7 —> | Search results on "PATENTS TRADEMARKS": |
|
|
Patents and Trademarks, 2003.
Explores the similarities between two kinds of intellectual property.
1,165 words (approx. 4.7 pages), 3 sources, MLA, $ 40.95
»
Click here to show/hide summary
Abstract
Although both are pieces in the intellectual property puzzle, they are treated in dissimilar ways, which is why differences exist between the two properties. This paper looks at the relationship between a patent and intellectual property and how it is unique in the sense that it depends on how the patent is used. It discusses how some may think that a patent is the most useful tool in intellectual property, but trademarks are just as necessary. Along with keeping up appearances, trademarks also have a social side effect of improving the quality of language.
From the Paper
" ?Good trademarks do not wear out or expire. Well-chosen marks become more valuable as goodwill grows. Trademarks are often the most important assets of established businesses.? Patents and trademarks, though they are both major players in intellectual property, have some very distinct differences. Patent laws protect inventions and discoveries, whereas trademarks protect unique symbols or words that ?identify for consumers the goods and services manufactured or supplied by particular persons or firms? (Fisher 11/30/98). For example, a patent will protect the invention itself (a tire), and the trademark will protect the name of it (Firestone). Patents were created to increase and protect innovation. They allow the creator to have a temporary monopoly on selling the good so s/he may recoup the cost of invention. Trademarks, however, were fashioned to increase and protect good will for the firm. They move toward creating and then sustaining a customer base. Trademarks also have the side effects of improving the quality of language. Patents do not improve the quality of language, but do improve ?the quality of life? per se provided a patent persuades individuals to act in accordance with the good of society. Patents encourage individuals to invent, innovate, and create things that somehow are useful, efficient, and new to the world."
| |
|
Patents, 2005.
An overview of the patenting system, including how it works, current considerations, and issues.
2,936 words (approx. 11.7 pages), 8 sources, MLA, $ 86.95
»
Click here to show/hide summary
Abstract
This paper briefly talks about the origins of the U.S. patent system and then describes the underlying basis for patenting laws, explains how patents differ from copyrights and trademarks, looks at current considerations in patenting law, and describes some of the global issues regarding patents, as well as issues between the United States and Japan concerning patents.
Theoretical Basis for Patent and Copyright Grants
Differences between Patent and Copyright
Current Considerations
Total Patents Issued
Problems with Patents
Global Patent Environment
US-Japan Patent Issues
From the Paper
"The United States Patent system is almost as old as the nation: President George Washington signed the bill leading to its creation on April 10, 1790. It was the first time in history that the right of an inventor to profit from his 'intellectual property' had been recognized by law. Until that time, in Europe at least and in the colonies, inventors merely had privileges regarding their inventions, privileges that could be withdrawn at the monarch's whim. Occasionally, special acts of a legislature would grant some rights, also, but the process could hardly be called as system, and was capricious and applied unequally at best."
| |
|
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
»
Click here to show/hide summary
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."
| |
|
Trademarks and Domain Names Dispute, 2004.
Discusses how trademarks and domain names disputes are resolved, focusing on the cyberspace disputes.
3,736 words (approx. 14.9 pages), 10 sources, APA, $ 103.95
»
Click here to show/hide summary
Abstract
"Trademarks and domain names are a poor fit. One admits many users to a particular space, the other admits only one,? says Diane Cabell of the Berkman Center for Internet and Society at the Harvard Law School. The paper critically examines this statement, while explaining how trademark and domain names disputes are resolved currently. The current practices involving cyberspace disputes are analyzed in terms of fairness and allocation of Internet resources of businesses. The paper also examines whether trademark laws should be applicable for resolving trademark and domain name disputes in cyberspace. Related case studies are highlighted and discussed.
From the Paper
"When an individual applies for a trademark, the trademarks are subjected to restrictions before they can be registered. Domain names on the other hand are on a first-come first serve basis. There is no legislation over what can be registered. Domain name applicants don?t need to show that they are the rightful owners and that means anyone can register any available domain name. It is much like the Wild West where the fastest and strongest will be able to register that particular domain name. Given such anarchy in cyberspace, it shows the inherent difficulty in governance."
| |
|
An Argument on Cloning and Patents, 2002.
Addresses the question whether the patent for the cloning process, currently awaiting approval in the U.S. patent office, covers human cloning in its definition.
1,200 words (approx. 4.8 pages), 3 sources, MLA, $ 41.95
»
Click here to show/hide summary
Abstract
This paper discusses whether the cloning procedure can be patented. The arguments of those who claim that current patent law may include humans, and those opposing this claim, are presented. The legal issues facing the U.S. Patent and Trade Office are outlined.
From the Paper
"An article published in the New York Times, on May 17, 2002, entitled ?Debate on Human Cloning Turns to Patents? presents both sides of an issue raised over whether a patent request, currently in the US patent office, covers human cloning in its definition. The article presents both sides of the issue. The author himself takes no position, but only presents the arguments presented on both sides of the issue. Neither side presents a clear, well supported, independent argument or dependent argument. They both rely on pseudoarguments to make their appeals.
The two opposing positions can be summarized as follows. The pro-cloning patent side, who coincidentally are the inventors of the procedure in question, argue that they wish to hold the patent so that no one actually uses it for humans. Currently the procedure is only being used for pigs (Pollack, 2002). . They argue the fine points of the language, in that it covers all ?mammals? and humans are mammals. Their logic is that if the patent covers mammals, and humans are mammals, then the patent covers humans. This is a dependent argument, but is not clearly supported. Previous patents on cloning specifically excluded cloning humans, this one did not. It specifically mentions the use of human eggs."
| |
|
Patents, 2002.
A brief examination of patents.
1,150 words (approx. 4.6 pages), 6 sources, $ 44.95
»
Click here to show/hide summary
Abstract
This paper examines patents. It considers their purpose and their influence on manufacturing. It also examines their future and the information industry.
| |
|
Patents and Originality, 2002.
Shows how patent law promotes ingenuity.
2,150 words (approx. 8.6 pages), 7 sources, $ 80.95
»
Click here to show/hide summary
Abstract
This paper explores the history of federal patent law from the position that the patent office has helped to encourage ingenuity as much as it has helped to protect the rights and the property of the inventor. Through addressing the history of the patent office, it is shown that the very act of patenting has helped in promoting new concepts and the creation and execution of new products.
| |
|
An Elephant In The Room Of Trademark Law, 2006.
An exploration of the theory of trademark dilution, focusing primarily on the impact it has had on plain vanilla trademark law, as well as on potential dilutors.
5,250 words (approx. 21.0 pages), 12 sources, APA, $ 130.95
»
Click here to show/hide summary
Abstract
This paper reviews trademark law in general, the development of trademark dilution and its codification within the US Federal code via the FTDA. The focus of this paper lies on the ramifications of the FTDA on trademark law itself, as well as on the economic ramifications such protection may have on potential dilutors in the future.
Contents:
The Situation
Trademarks: A Brief Explanation
Trademark Dilution: A Theory, Potentially Wrongfully, Codified in State and Federal Statute
The FTDA: Application Leads to Trouble Waters
Victoria's Secret offers Little Resolution
The Aftermath of the Federal Trademark Dilution Act and Victoria's Secret
Conclusion
From the Paper
"Developed in the 1920's by Frank I. Schechter, the theory of trademark dilution posits that certain trademarks have such a high value that their use in areas of commerce unrelated to those in which the protected mark is currently being used or might reasonably be used in the future, could serve to "blur" or "tarnish" the identifying capability of the protected mark. Dilution Laws, in turn, first began to appear in various states shortly after Schechter's theory was published.
Yet, the codification of trademark dilution, as specified by Schechter, into statute form may well be the foundation for the deluge of inconsistencies which have come to be associated with the doctrine, and, more specifically, the Federal Trademark Dilution Act."
| |
|
Patent Law & Genetic Medicine, 2006.
A discussion on how legal issues in patent law shape ethical decisions in human stem cell research.
4,186 words (approx. 16.7 pages), 20 sources, MLA, $ 111.95
»
Click here to show/hide summary
Abstract
This work examines the issue of human stem cell research from the view of the medical profession with an eye on funding, the public perspective and legislation affecting research of the human genome. Specifically this work explores the patenting process, whether patenting the human genome is plausible, and what consequences might exist in these patents. The paper notes the veritable quietness of the legal community at large in relation to this medical research issue.
Outline:
Abstract
Objective
Terms & Definitions of Study
Introduction
I. Implications of Diamond v. Chakrabarty (1980)
II. Implications of Later Cases
III. Free Market System Impacts
IV. What Ways Do Patents Objectify Human Dignity?
V. Is there a 'just' way of thinking about intellectual property law?
VI. Rights - Technological
VII. Ethics of Patenting the Technique for Human Stem Cell Lines
Summary & Conclusion
Bibliography
From the Paper
"In review of the patent laws in the United States, the U.S. Patent laws provides that the patent begin on the date that the patent is issued and ends 20 years later on the same date however, in special circumstances that date might be different and patents are considered for extensions as well. In order for issuance of a patent the invention must be a process that is both 'new' and 'useful' and must be a 'process, machine, manufacture or composition of matter' furthermore the invention must bee the standards of 'utility, novelty and non-obviousness' and must be something that is not in use publicly, not in written form or known to others in the same field of study."
| |
|
A Patented Erection, 2002.
Examines how the producers of "Viagra" are attempting to protect their patent on the drug.
1,800 words (approx. 7.2 pages), 4 sources, MLA, $ 57.95
»
Click here to show/hide summary
Abstract
The U.S. Patent Office has recently granted at a patent to the company Pfizer for its miracle drug "Viagra", but the United Kingdom and the rest of Europe have thrown out Pfizer's patent application after examination. The paper examines the way Pfizer patented the way "Viagra" blocks a certain enzyme in the body as well as the composition of the drug, but as two different patents. It explores the difficulty in patenting drugs due to the complex language surrounding patent law. The paper examines several examples of infringement of this law with regard to "Viagra", as well as the difference in patent applications in Germany, Britain and the United States.
From the Paper
"Idea theft is an interesting concept because it is an intangible good, whereas chemical composition is a tangible good, but the research that went into creating the compound needs to be rewarded and did begin with a great idea. Inventors have the incentive to invent by being first to market, to achieve the intangible, all powerful, good will of the consumer. Idea theft can cover the elements within the pill, Viagra, but not to the way it is necessarily used by the body. For example, one cannot patent pill swallowing, but the U.S. Patent Office will stretch to patent the way a pill awakens a man?s ?willie?. Lessig pointed out a very profound question about intellectual property rights to the Internet world, but new technology does not exist solely within the computer sector. When our society undergoes a transition to a new technology (i.e., the Internet, business process patents, drug-use patents), we need to revise the length at which monopoly power is extended and ask ourselves ?whether that power makes sense. Is it necessary? Is there reason to believe it will do some good?? (216). In this case, the patent does nothing but hinder invention and impede scientific innovation. Monopolistic power does not make sense outside the boundaries of business, which the Viagra patent clearly is."
| |
|
China's Patent Law, 2001.
Focus on international policy; Qualcom's CDMA patents, impact of 1992 revisions to law, intellectual property rights.
2,250 words (approx. 9.0 pages), 12 sources, $ 79.95
»
Click here to show/hide summary
From the Paper
"Until 1984, when the first Patent Law of the People?s Republic of China was passed, the government of China afforded no patent protection to foreigners (Moser and Ho 453). Along with legislation involving trademark, copyright, and intellectual property rights, China?s patent laws have signaled the Republic?s desire to open its doors to new technology transfer (Shan 1). Though, in its original form, China?s Patent Law fell short of international standards, amendments passed in 1992 have brought the law in line with the international community (Global Sources).
Cultural hurdles faced by the government in enforcing the patent protection it affords have been aggressively pursued. The characteristically Chinese concept of technology as a ..."
| |
|
U.S. Patent Holders in Japan, 1991.
A look at the problems and suggested solutions for Americans with patents doing business with Japan.
1,575 words (approx. 6.3 pages), 10 sources, $ 55.95
»
Click here to show/hide summary
From the Paper
"Problems Faced in Japan by American Patent Holders
Fusion Systems (United States) charges Mitsubishi (Japan) with patent infringement.. Motorola (United States) sued by Hitachi (Japan) for patent infringement.. These two cases, in which both an American and a Japanese firm sue a Japanese and an American firm for patent infringement illustrate the complicated character of the patent protection issue involving the United States and Japan. At the heart of the matter are significantly different approaches to the conduct of industrial business in the two countries, which, in turn, has resulted in patent laws in the two countries which are not compatible in most instances.. Thus, an American patent holder anticipating American-style intellectual property protection in Japan is usually in for a disillusioning surprise, while Japanese firms become..."
| |
|
U.S. Patent Law, 1994.
This paper examines the contemporary controversies related to the United States patent system: Impact of technological innovations, economics, competition, public goods, intellectual property, cost and legal barriers and compared to Japanese patent law.
3,375 words (approx. 13.5 pages), 13 sources, $ 119.95
»
Click here to show/hide summary
From the Paper
"This research examines the contemporary controversies related to the United States patent system. The most significant of these controversies are those related to restrictions that patent holders are allowed to placed on the use of legally protected intellectual property, the economic harm suffered by patent holders as a result of infringements on patents, and the legal life of patents.
... contends that emerging technological innovation (in fields such as biotechnology and information systems) is being hampered by requirements of the existing American patent system. This problem ... "
| |
|
International Patent Law, 2007.
An examination and comparison of articles relating to international patent law.
8,276 words (approx. 33.1 pages), 8 sources, APA, $ 176.95
»
Click here to show/hide summary
Abstract
This paper illustrates, analyzes and compares articles regarding the existing obligations or provisions regarding international patent law. It examines those provisions that fall under the Paris Convention, the Patent Cooperation Treaty, the Berne Convention and the Rome Convention. It also looks at the Treaty on Intellectual Property in Respect of Integrated Circuits and the European patent Convention, the Treaty on Intellectual Property in Respect of Integrated Circuits and the European patent Convention.
Table of Contents:
Introduction
Implementation Of The Trips Agreement
National And Most-Favored-Nation Treatment
Patent Right Exhaustion: Doha Declaration (Analysis Of Article 6)
TRIPS And Article 7 (Technological Promotion And Public Protection) Health Analysis
General Enforcement Obligations: Analysis Of Article 41
Fair And Equitable Procedures Article 42
Evidence (Article 43)
Article 45: Damages - Comparison and Analysis Related to IP Where Applicable
From the Paper
"The guides existing to allow action that is effective in prevention of infringement state the "the requirement procedures permit 'effective action' speaks to all possible remedies, including civil, administrative and criminal procedures, as well as border measures, customs, tax and communication procedures." Copyright law in countries of optical media product export has proved ineffective in terms of media licensing and "countries have adopted optical media licensing regimes." TRIPS has as an obligation the provision of "effective actions" of infringement upon rights under this Article. It is held that Article 41 when combined with 61 (assumed to be understood as subsumed within the requirements of Article 41" make it a further requirement o countries to make the provision of any remedies "available" and not limited to those that are only within the law. Article 61 obliges countries to make the provision of criminal procedures and penalties "at least in cases of willful trademark counterfeiting or copyright privacy.""
| |
|
Patenting Life, 2002.
An argument against the corporate patenting of life forms.
2,150 words (approx. 8.6 pages), 17 sources, $ 80.95
»
Click here to show/hide summary
Abstract
This paper explains that the corporate patenting of life forms is not only unethical, but that is not very practical, in legal or other business-oriented terms. In fact, a most interesting aspect of preparing this paper has been finding strong opposition to the patenting of life-forms that is expressed by widely different sources of opinion. This development is opposed on different grounds that range from the practical and the profit-minded, to the ethical and religious.
|
|
|
