The different types of “infringement” are:
(1). Patent Infringement.
Patent infringement is caused by using or selling a patented invention without permission from the patent holder;
(2). Copyright Infringement.
Copyright infringement is reproducing, distributing, displaying or performing a work, or to make derivative works, without permission from the copyright holder, which is typically a publisher or other business representing or assigned by the work’s creator. It is often called “piracy.” There are limitations and exceptions to copyright, allowing limited use of copyrighted works, which does not constitute infringement. An example of such doctrines are “The Fair Use and Fair Dealing
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Trade Secret Misappropriation.
Trade secret misappropriation is different from violations of other intellectual property laws (IPL), since by definition trade secrets are “secret,” while patents and registered copyrights and trademarks are publicly available. In the United States, trade secrets are protected under state law, and states have nearly universally adopted the Uniform Trade Secrets Act. In Commonwealth Common Law jurisdictions, confidentiality and trade secrets are regarded as an equitable right rather than a property right but penalties for theft are roughly the same as the United States.
Corruption plays a major negative factor facing the “emerging market” in respect to intellectual property (IP). Corruption is “the abuse of entrusted power for private gain.” There are two (2) types of corruption:
(1). Grand Corruption.
Grand corruption consists of acts committed at a high level of government that distort policies or the central functioning of the state, enabling leaders to benefit at the expense of the public good;
(2). Petty
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The cost of corruption can be divided into four (4) main categories:
(1). Political.
Corruption is a major obstacle to democracy and the rule of law. It is extremely challenging to develop accountable political leadership in a corrupt climate;
(2). Economic.
Corruption depletes national wealth. Corrupt politicians invest scarce public resources in projects that will line their pockets rather than benefit communities, and prioritize high-profile projects such as dams, power plants, pipelines and refineries over less spectacular but more urgent infrastructure project, such as schools, hospitals and roads;
(3). Social.
Corruption undermines people’s trust in the political system, in its institutions and its leadership. A distrustful or apathetic public can then become yet another hurdle to challenging corruption; and
(4). Environmental.
Another form of corruption is th lack of, or non-enforcement of environmental regulation and legislation means that precious natural resources are carelessly exploited and entire ecological systems are ravaged. From mining, logging, carbon offsets,
companies across the globe continue to pay bribes in return for unrestricted
The uniform Trade Secrets Act ( UTSA): New Hampshire adopted the uniform Trade Secrets Act that refers to the theft of trade secrets as misappropriation. Misappropriation refers acquisition of a trade secret and disclosing information regarding trade secret without consent. (Stim, R.
Thus, many types of power are corruptible, the power of the people does not abstain from such corruption. However, it
The definition of Corruption (in the context of politics) according to the Merriam-Webster Dictionary is “dishonest or illegal behavior, especially by powerful people”. In order to rise into power in the United States, one is elected into power by the people of the
Copyrighted is a form that gives the author certain rights only for a limited amount of time. The copyright owner has distribution right, reproduction rights, and the right to create derivative works. Fair use considers use of copyrighted work only if it falls under these four regulations, news reporting, satire or parody, comment or criticism, and education. If the copyrighted work does not fall under these regulations, then your work is not fair use. The fair(y) use tale takes small portions of disney 's created work to use as an educational purpose.
According to Lethem, artists should not demand any compensation for when others use their work as inspiration, but they should encourage others so that the world can become a more cultured and larger place. Moreover, Lethem presents the hypocrisy in huge corporations, such as the Walt Disney Company, that once used previous works of art as inspiration, but would now sue anyone who tries to make any images that are like those of Disney’s. In Disney’s case, it is important that they know that “to live outside the law, you must be honest” (Lethem, 220). Today, Disney is prepared to sue anyone that tries to use Disney’s plagiarized work as inspiration. However, when Disney was first created, they would have most likely defended themselves by saying they simply used other works, such as Shakespeare, for inspiration, but this is simply not fair.
Each of these areas of law plays a crucial role in shaping how businesses operate, compete, and innovate, as well as in protecting consumers, employees, and the overall market (Lau & Johnson, 2011). Nevertheless, striking a balance between regulation and freedom for businesses is essential to promote economic growth and ensure that businesses can adapt to evolving environments (Teacher, 2013). Antitrust laws protect consumers and ensure fair competition, while employment laws regulate employer-employee relationships and protect workers' rights (Chen, 2022; Fishman, 2019). Intellectual property rights promote innovation and protect inventors, but they must be carefully balanced to encourage follow-on innovation and avoid hindering competition (Wiens & Jackson, 2015). Consequently, the continuous improvement and adaptation of laws in response to changing business environments are
One specified exemptions from copyright liability is called “fair use”. Another exemption is "compulsory license" under which certain limited uses of copyrighted works are permitted upon payment of specified royalties and compliance with statutory conditions. (Source
Well not really because fair use says taking small clips from movies, podcasts, or book as long as
For example, the corrupted people can enjoy a better life but other is still get trouble on how to live a good life. The most dangerous effect of corruption is when judiciary is corrupted. Development, justice and civil society are based on law and justice, but in developing countries corrupted people uses law to justify their illegal behaviors. Otherwise, there are many cases that government officials cooperate with mafia in other developing countries.
Corruption occurs in a government when politicians are bought out by private companies. These companies would pay the politicians large sums of money and in return, the politicians would do political favors for the companies. According
Copyright is an intellectual property right which is legally enforceable. According to the concept in the Copyright Act, a copyrighted work prevents stealing and infringing of a person’s original creations. These are the following works that can be copyrighted under the Copyright Act; - Dramatic works (scripts,
Pirating is the use of another person’s work without asking permission. There are many consequences to this. The fair use act describes the things that you can or cannot use. You can copy another person’s work for educational purposes, but you have to make sure to cite where the information was found. Also, the work an author makes can be a public domain after 70 years after the author’s death.
GLOBALIZATION, TECHNOLOGY AND LAW Globalization and Technology Globalization has completely transformed the way in which the world and its people interact. Earlier there were several roadblocks in the ability to communicate and interact with the people worldwide. But now, the world is becoming more and more globalized in all spheres: Business, financial, social, economical, etc. Over the years, a lot of technological advancements have come into picture including the changes in the field of Information Technology, having a significant impact on the global landscape.
Consequently, the owner has limited legal powers towards the third party. Only in a situation where the third party knew or should have known that the contract in question is violated, the inventor may have remedies towards the third person, but this is merely an exception than a general rule. Efficient trade secret laws could actually lead to greater knowledge diffusion. The optimal law protecting trade secrets, should result in the allocation of the information to more people, which could lead to more innovation and an increase in human capital, by minimizing the risk of distribution to competitors.
Every day we copy something or at least see things that have been copied. For example you will probably have an experience of copying your classmates’ homework and you might also have seen similar products being sold by different companies. Do you remember the honey butter chip boom? As 해태 made big profits through honey butter chip companies started to use copycat marketing strategy and made products that were similar to it. In the process some companies that followed the honey butter chip made big profits while others had economic deficit.