Category: Intellectual Property

  • Intellectual Property Rules in Peer-to-Peer Networks

    Businesses protect their technology, innovations, and competitive advantages through intellectual property laws. These laws include trademarks, patents, trade secrets, copyrights, and trade know-how. A patent is a license that confers the legal right to exclude others from making, using, or selling the patented invention for a specified period. A trademark is a symbol legally registered…

  • Prevention of Intellectual Property Theft

    In today’s increasingly information-driven world, data can be a crucial commodity, more valuable than any physical asset. Thus, any organization must make the best possible efforts to protect its data from unauthorized access. Intellectual property (IP) is a category of data that includes innovations, methods, and trade secrets (UpCounsel, 2020). All of these types of…

  • Business Torts and Intellectual Property

    Table of Contents Case: Moran v. Sims Case: Audi AG v. D’Amato Questions and Answers Reference List A tort is a breach of duty owed to another person. The tort suits usually happen from instances of recklessness or bad behavior. The law of tort develops through decided cases that reflect social values, the standard of…

  • Piracy in the Audiovisual Industry

    The author is critical of the ongoing behaviour in Australia where young people are reluctant to acquire movies and films from licensed vendors preferring instead to obtain them cheaply from friends and relatives through copywriting. The writer blames digital revolution for the problems facing the film industry terming the new trend as theft. Unfortunately, the…

  • Claim Made by Ronald Plecia and Ken R. Baker for a Claimed Infringement of U.S. Design Patent

    This case is about a claim made by Ronald Plecia and Ken R. Baker for a claimed infringement of United Stated Design Patent 219, 118, issued for a period of fourteen years to the above mentioned on November 3, 1970. Baker and Placia put all their efforts into developing this boat design patent for their…

  • Intellectual Property Theft in the US

    Table of Contents Introduction Jurisdictional Issues Intellectual Property Theft and Law Enforcement The Appropriate Penalty Conclusion References Introduction Nowadays, technological advancements have created a situation where many valuable assets only exist in the form of information, and many physical ones can be replicated, given specific data. As such, the concept of intellectual property, which can…

  • IPR Violations in Software Development

    Reasons for IPR violations in software development Many people engage in Intellectual Property Regulation violations for different reasons. One main reason that standout is ignorance. Most organizations are unable to cope with the upward trend in technology and are lagging. However, they have to keep profitability and survival rates high. In the process of narrowing…

  • Michael A. Smyth v. The Pillsbury Company

    Michael Smyth (the plaintiff) and his colleague were using the corporate email in their purposes by sending various messages to each other regarding different events. Nonetheless, they used inappropriate language for their communication (Halbert & Ingulli, 2012). In this instance, the Pillsbury Company (the defendant) fired them for using inappropriate language in the corporate email.…

  • Streaming Media Technology and Copyright and Related Rights Law

    Introduction There have been heated debates on the issue of streaming technology considering some legal constraints such as copyright. The concern is that there are websites that are uploading copyrighted materials without their author’s approval. Copyrights laws are infringed when copyrighted materials are used without consultations with the copyright holders. This is an offense that…

  • Patent System in Sustaining R&D in the Private Sector

    Patents play a vital role in innovation and economic performance. Between 1992 and 2002, the average number of patent submissions filed in Europe, Japan, and the United States increased by close to 41% (Arora et al. 147). The escalating use of patents to protect inventions by private research organizations is closely linked to recent development…