Preview

Bugusa, Inc.

Good Essays
Open Document
Open Document
754 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Bugusa, Inc.
BUGusa, Inc.

**This is just the legal protections for intellectual property portion***

Intellectual Property Protection

The US has laws that can help BUGusa protect its intellectual property rights. Intellectual property is an intangible asset including processes unique to a business, designs, original creations, and products. The laws to protect these assets are patents, copyrights, trademarks, and trade secrets. Different types of intellectual property are protected in different ways, but all four types of laws can protect one product or service at the same time. For example, “a car is probably protected by patent, copyright and trademark laws: The logo of the car may be copyrighted, but its engine, transmission, brake system and electrical system probably are protected by several patents. Meanwhile, the name of the model and manufacturer are trademarks.” (Retsky, 1999)
Copyright laws give certain rights to creators of original works of authorship. It prevents others from using their work and gives them an incentive to innovate. “Copyright protection does not extend to ideas, facts, procedures, processes, systems, methods of operation, concepts, principles, or discoveries. Instead, it protects the ways in which they are expressed. The story line of a play, for instance, is protected, but the ideas, themes, or messages underlying it are not.” (Mallor, 2007) The U.S. Constitution’s Copyright Clause (Article I, section 8) empowers Congress to promote the progress of Science and useful arts by enacting copyright and patent laws.
A patent can be viewed as an agreement between an inventor and the US government. The government grants the inventor a temporary monopoly, exclusive rights to make, use, and sell the invention, in exchange for making the invention public. Patents protect functional features, such as a special kind of disposal used in Kenmore dish washers. The patent law provides that the patentee’s exclusive rights exist until the expiration of



References: Mallor, Barnes, Bowers, Langvardt (2007). Intellectual Property and Unfair Competition, Business Law: The Ethical, Global, and E−Commerce Environment, (13th Edition). The McGraw-Hill Companies. Retsky, M. L. (1999). Protect your property intellectually. Marketing News, 33(13), 10.

You May Also Find These Documents Helpful

  • Powerful Essays

    References: allor, J. P., Barnes, A.J., Bowers, T., & Langvardt, A. W. (2004). Business law: The ethical, global, and e-commerce environment. (13th edition). The McGraw Hill Companies.…

    • 2109 Words
    • 6 Pages
    Powerful Essays
  • Satisfactory Essays

    One alternative to patenting a product is trade secrets. A trade secret is any business information which provided an enterprise a competitive edge. The unauthorized use said information by persons or an entity other than the holder is regarded as an unfair practice and a violation of the trade secret (World Intellectual Property Organization, 2015). Dissimilar to patents, state law administers the protection of trade secrets. Mostly all states has embraced a deviation of the…

    • 381 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    law 421 week 3 solo

    • 695 Words
    • 3 Pages

    The article details the growing world of businesses and the law’s need to keep up to regulate new developments. A lot of companies now offer services or products online in some capacity, making them an E-Business. Some companies operate almost entirely online, such as Amazon. Other companies that operate mostly offline, such as Coca Cola, still maintain some sense of presence online. As businesses grow in these capacities, they must protect their intellectual property. Intellectual property is the creative product of a business, often one that generates revenue. Patents, trademarks, and copyrights protect you from other businesses using your products without authorization, as well as protect you from using products that you may not be authorized to use. Though there are some precautions put in place already, such as trademarks, patents, and copyrights, Legislation is constantly working to make sure all parties are protected as the world of E-business evolves.…

    • 695 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Law 531

    • 421 Words
    • 2 Pages

    References: Cheeseman, H. R. (2010). Business law: Legal environment, online commerce, business ethics, and international issues (7th ed.). Upper Saddle River, NJ: Prentice Hall.…

    • 421 Words
    • 2 Pages
    Good Essays
  • Better Essays

    Litigation Law 531

    • 814 Words
    • 4 Pages

    References: Cheeseman, H.R. (2010). Business law: Legal environment, online commerce, business ethics, and international issues (7th ed.). Upper Saddle River, NJ: Pearson Prentice Hall.…

    • 814 Words
    • 4 Pages
    Better Essays
  • Satisfactory Essays

    The company Ahed started RoboticFX created a robot that operated in the same market as iRobot’s robot but by all accounts was constructed differently. The invention and confidentiality agreement created by iRobot did not include a timeframe and therefore goes for perpetuity. As such, the clause prevented Ahed from using information even after it became public and no longer fit within the original umbrella of the agreement. RoboticFX contends that the disclosure of iRobot’s proprietary information through competition, tradeshows, field work, and patents made the majority of the invention no longer subject to trade secret laws. Under the common law the accuser (iRobot) must prove theft of a trade secret and the accuser must surpass a high threshold to prove an idea is a trade secret. Disclosure of that information in the public domain abolishes the secret. Merely requiring Ahed to repeatedly sign the confidentiality agreement repeatedly does not meet the high burden of proof. As a consequence, Ahed was unfairly punished for previous work at iRobot while others could access the information in public domain and not be subject to the same rules. iRobot’s assertion that RoboticFX could not use information put an unjust and undue economic pressure on RoboticFX’s ability to sell robots.…

    • 649 Words
    • 3 Pages
    Satisfactory Essays
  • Better Essays

    Grocery. inc.

    • 3006 Words
    • 9 Pages

    Mallor, J.P., Barnes, A.J., Bowers, T., & Langvardt, A.W. (2007). Business law: The ethical, global and e-commerce environment, 13e. The McGraw-Hill CompaniesUniversity of Phoenix. (Ed) (2005). Business Law [University of Phoenix Custom]…

    • 3006 Words
    • 9 Pages
    Better Essays
  • Good Essays

    The U.S. Patent and Trademark Office is under great financial distress and must be aided in order to provide a first line of defense in the war against patent trolls. Through the U.S. Patent and Trademark Office too many patents are being granted that are extremely broad in scope or that can be explained as a common sense idea (Luman). The issue with a broadly drafted patent is that Patent Trolls can use a broad patent to apply it to many different inventions, therefore increasing the range of infringement cases.…

    • 568 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    Patent is the right to use, sell, or market an invention for a specified period. Government is the source of barriers to entry that created by patents and copyrights (AmosWeb.com, 2010). The government is the entity that establishes all laws on how things work within the market. Entering the market can be very costly.…

    • 686 Words
    • 3 Pages
    Satisfactory Essays
  • Good Essays

    The U.S. system of patents and trademark licensing is highly developed and many licensing arrangements are possible between U.S. and foreign companies. Companies themselves may use licensing to tap into the domestic market expertise of U.S. companies but the disadvantage would be that companies may find the patent application and defence process to be expensive and time consuming and that licenses are subject to U.S. antitrust laws, such as the World Trade Organizations Trade Related aspects of Intellectual Property (TRIPS) framework.…

    • 757 Words
    • 4 Pages
    Good Essays
  • Powerful Essays

    Under the US Constitution Article 1, Section 8, Clause 8 “Congress shall have the Power… to Promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.” Since its enactment in 1790, there has been a longstanding debate over what works are protectable, how long the protection lasts, and what is considered an infringement. While the…

    • 3584 Words
    • 15 Pages
    Powerful Essays
  • Good Essays

    Cheeseman, H. R. (2010). Business Law: Legal Environment, Online Commerce, Business Ethics, and International Issues (7th ed.). Upper Saddle River, NJ: Prentice Hall.…

    • 771 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Summarizing

    • 1798 Words
    • 8 Pages

    A patent is an exclusive right to use an invention for a certain period of time, which is given to an inventor as compensation for disclosure of an invention. Although it would be beneficial for the world economy to have uniform patent laws, each country has its own laws designed to protect domestic inventions and safeguard technology. Despite widespread variation, patent laws generally fall under one of two principles: the first-to-file and first-to-invent. The first-to-file principle awards a patent to the person or institution that applies for a patent first, while the first-to-invent principle grants the patent to the person or institution that was first to invent – and can prove it. Most countries have adopted the first-to-file system. However, the United States maintains a first-to-invent system, despite obvious shortcomings. A result of countries employing different patent law principles is inconsistency of patent ownership.…

    • 1798 Words
    • 8 Pages
    Good Essays
  • Powerful Essays

    Now a days protection of Intellectual Property Rights has become a very essential aspect for every country because so many Intellectual Properties are of national interest. Copyright, patents, trademarks, designs and even natural resources contains national importance. TRIPS enforces a powerful mechanism for protection of Intellectual Property Rights. This paper seeks to provide an introduction to the role played by WTO to protect intellectual property, the basic provisions of the TRIPS Agreement, and recent TRIPS developments.…

    • 3280 Words
    • 14 Pages
    Powerful Essays
  • Good Essays

    Ethics In Technology 3

    • 604 Words
    • 2 Pages

    A patent is defined as a means in which the United States Government grants an…

    • 604 Words
    • 2 Pages
    Good Essays