Intellectual Property Law

Intellectual Property Law The right to ownership has tremendously grown in various categories. One of the groundbreaking classifications of ownership is the intellectual property. The intellectual property law has shifted attention from the common protection of physical objects such as land to intangible assets like designs, inventions and artistic works. The idea is to secure and enforce legal protection of the intellectual potential, especially in this era where violation of intellectual property is extremely tempting given the technological advancement. This paper explores the concept of intellectual property law in depth and breadth. A Brief History of Intellectual Property Law Intellectual property law is not a new jargon. It dates back to the medieval tenure where the government allowed artistic associations to regulate and control their respective industries (Murray, Laura, Kirsty and Tina 10). The associations were referred to as guilds. The guild maintained integrity in the production, marketing and importing of ideas. They dictated what inventions could be introduced to the commerce and using what procedures. However, the challenge was that the guilds focused so much on exercising control that they were even suppressing creativity and innovation. Power was projected towards a selected few in an industry. The fact is that intellectual property law was then driven by political and religious pressures rather than creativity and innovation interests. For example, in 1555, the government of England established the Stationary Company which was mandated to control the print industry. The main intention to develop this monopolistic firm was to hamper the powe r of Protestant Reformation (Murray, Laura, Kirsty and Tina 22). Over 80 years later, the guilds were broken to give room for Statute of Monopolies, a British law. The law disbanded the guilds and emphasized on strengthening the rights in line with the creators as opposed to selective industries (Merges 7). Upon the realization of independence, particularly by the US, countries began to develop their own copyright law. More so, courts, specifically the Federal court, played a pivotal role in revolutionizing this law. Following a series of cases related to intellectual property law, the Court modified the law necessarily. That is why the law is characterized by imperative terms such as contract law, mutual assent, considerations, and misappropriation. Contract law enforces promises and agreement between/among people. Once they accept the contract, this qualifies as a mutual assent. Consideration is when each person agrees to relinquish something in order to realize a resolve a conflict. Lastly, misappropriation is the wrongful application of someon e else’s work for commercialization. The Significant Shift of Intellectual Property Law Today, this law is linked to almost all facets of like ranging from politics, business to science. It reflects a shift to an information economy. Importantly, the law has been shaped to not only protect creators but also serve as an incentive. The aim is to ensure their creators profit from their work by sidelining misappropriation from the very beginning. This will motivate the creators to willingly and potentially apply their intellectual, which in turn benefit the society. Hence, by safeguarding the commercialization of creators, the society also benefit in the long run. To enable the efficiency and effectiveness of this law, there are agencies granted the power regulate this area. The agencies are usually related to trademark, copyright and patent. Trademarks are essential in the protection of names, symbols and slogans ideal for goods and services identification. That way, it is easier for customers to distinguish various brands from one another thus preventing confusing or misleading advertisements. It explains why general logos, pictures or words may not be accepted. The purpose for trademarks being to distinguish brands, it is paramount to have distinct features. Trademarks have impressively prevented the exploitation of customer’s goodwill by trading under the name of a particular logo, picture or the combination of both. It is worth noting that trademarks may not completely protect an individual in cases of related names, symbols or slogans. Infringement based on relatedness varies in degrees that are dictated in a civil action (Colston and Jonathan 15). The Internet domain is easily facilitating such cases. Copyrights deal with intangible assets such as motion pictures, writings, music, architecture among other artistic expressions. The production of copyright is a factor of the creation act, which can be published or unpublished. Most often, it is punctuated with symbol and date of copyright, and the protection serves for many years – usually over 70 years or even a lifetime (Johnson 6). The protection does not involve intellectual expressions like ideas and theories. It mostly handles matters that are captured in a fixed medium. In other words, copyright protects how an idea is expressed, and not the idea itself. Additionally, unlike trademarks, copyright does not require registration. It immediately comes to play. In the case of patents, inventors enjoy the right to explore the marketplace with their products. The law also allows them to profit by transferring their rights to someone else. The elements under patents include improvements of technology, new machines, manufactured goods among others. The government grants the patents thus barring others from using an individual’s invention. Given the stiff competition that dominates today’s market, patents can put one at the edge of the competition, especially since it can last up to 20 years. However, certain conditions can disqualify an invention. To that end, the invention should not be obvious or morally offensive. It should also prove to be useful. Although this may appear as an easy task, it is a daunting process. It consumes time and money because it commands research to ensure that no other patents of similar nature exist. Even worse, the invention can be challenged legally without refunds (Colston and Jonathan 13). Hence, i t can be a high-risk undertaking. There is no guarantee for merit or commercial value. Expounding on Infringement Infringement is simply the violation of intellectual property law. As a bold step to protect one’s work against infringement, the owner should put the world on notice about their rights. This is to primarily caution those who may violate the law unintentionally and take legal action against those who chooses to ignore. The most common way of ensuring visibility and creating notice is by putting marks of trademarks and patents on their products. The marks can also be accompanied by the date on which the protection was assigned. Since patents can consume time, certain measures are put in place to deter others from copying the work. Commonly, the invention is marked with â€Å"patent pending† in such cases (Merges 18). As stated earlier, an event of infringement may necessitate the need for suing the offender. However, it is important to consult an attorney before taking a legal action to assert that the litigation correlate with their best interests. The fact is that the prosecution of infringement cases is very expensive. Therefore, upon probing, the court may deem the case non-extensive and invalid (Merges 19). This may come to the surprise of the owner who could have strongly believed in the validity of his/her rights. On the bright side, if the litigation is successful, various resolutions can be reached. An injunction stopping the infringer from carrying on what is then considered as a breach can be ordered. This may be supplemented with payments to the owner to cater for the damages incurred. Alternatively, the owner and infringer can come to a consensus. The agreement usually allows the infringer to continue using the intellectual property for a fee, which is paid to the owner. It can include the acknowledgment of the owner’s work. Therefore, the intellectual property law has proven to be effective and lucrative. Many individuals and companies have made chunks of money following successful lawsuits. On the other end, the law has also seen profitable firms and rich individuals become bankrupt. It explains why the world is experiencing a surge in companies specializing in intellectual property law. Nevertheless, the need for an attorney in this process cannot be over-emphasized. Lawyers pl ay a crucial role in preserving integrity within the bounds of intellectual property law. Computer Ethics Loads of research works have endeared to examine the ethical issues surrounding this area. The issues are closely related to the Internet. While the society is concretely benefiting from the digital evolution, technology is also putting ethical issues in jeopardy. The presence of Internet is increasing difficulties in the protection of intellectual property (Andorno, Nils and Christian 34). The hard truth is that today people deliberately breach the law for personal interests, particularly financial gains. The Internet offers a wide array of information which is accessed with ease. Hence, people can copy, manipulate and distribute other people works. The case is especially so given the various tools that can facilitate manipulation. Unfortunately, technological advancement is stimulating a culture in which reality acquires different interpretations. While other see an opportunity to foster societal growth and development, some leverage these avenues and undertake immoral acts. Some theorists argue that the existence of intellectual property law is evidence that certain persons are expected to violate the rights of others (Andorno, Nils and Christian 28). Hence, the intellectual property law is influencing ethics in relation to the social, global, political and economic aspects. The mass production and consumption of information is at the center of the ethical matters. The world has shifted from the traditional technology intellectual property which was confined to media such as T.V and published books (Andorno, Nils and Christian 30). Today, information structure, computer networks, and World Wide Web have changed the conceptualization of media. Clearly, the future of computer ethics requires heightened measures in safeguarding creativity and innovation. The freedom of information should be followed with greater transparency revolving around intellectual property law. With the increasingly technological growth, there will be the need to modify the rules an d regulations around intellectual property in order to accommodate the revolution. Apparently, the protection of intellectual property promotes innovation. Without the laws, the intellectual assets of individuals and business will be compromised thus derailing the full benefits of creativity and innovation. There will be little/no incentives for people to concentrate on research and development. Therefore, it is pertinent for artists and inventors to be adequately compensated because their growth positively impacts the entire society.

Emotion in Emily Dickinsons “My Life had stood †a Loaded...

This poem was written by American poet, Emily Dickinson, who was born in the 1800. This was the period where art was based on emotion; the â€Å"Romantic Period†. She was also born in the Victorian Era, where women had to be shackled to their pedestals and most had to be married by age eighteen. They were not allowed to vote, or earn money. This information should help the reader better understand the poem. When writing the poem â€Å"My Life had stood—a Loaded Gun† Dickinson thought of what format to use to express her emotions; Quatrain (four verses). This format is used to express deep emotions at any time. She uses lines in her poem that seem the same but not quite; they are â€Å"slant rhymes†. Dickinson grew up in a time where abolition rose up†¦show more content†¦The poem is a metaphor, which on the symbolic level, the â€Å"Gun† represents the poet and the â€Å"Master† represents the individual or soul mate that was meant t o be the â€Å"poet†. When the poet starts the poem with â€Å"My life had stood,† (1) Dickinson clearly transgresses confines no female might lightly afford to break. Than â€Å"a Loaded Gun† (1) which is a metaphor for authority; since â€Å"guns† represent being in control, in charge, and masculinity. â€Å"In Corners--† (2) is the impression that the poet felt useless until his/her soul mate came for her â€Å"carried Me away--† (4) The poet embarks on what she fancies as characteristically masculine adventures, â€Å"And now We roam in Sovreign Woods--/ And now We hung the Doe,† (5-6) to end in innocence. From lines 7-8 she speaks for him â€Å"God/Sex† and the mountains shut her up quickly. She speaks as though she remembers a sexual encounter, â€Å"And do I smile, such a cordial light / Upon the Valley glow--† (9-10). From line 11-12 she is referring to a sarcastic face that quickly softens yet her pleasure has s hown through not a false smile but genuine pleasure. From the fourth stanza again protective of her â€Å"Master’s† head and finds more comfort there with a deep downy feather pillow. From the fifth stanza again protective, seemingly jealous, she states that she will fight anyone who tries to confront her â€Å"Master†, â€Å"Yellow† eye means jealously or â€Å"evil eye† and emphatic Thumb is a gesture that she was unworthy at thatShow MoreRelatedMy Life Had Stood a Loaded Gun by Emily Dickinson Essay804 Words   |  4 PagesMy Life Had Stood a Loaded Gun by Emily Dickinson Today, few would deny that Emily Dickinson is an important figure in American literature. The numerous ways to interpret her poetry draws more and more readers into her publications. Its as if everyone could interpret Dickinsons poems into his or her personal life; seeing the poems the way they want to see it. This is the effect flexible poems have on people. In Dickinsons My Life Had Stood#8212;A Loaded Gun, I interpreted theRead MoreEmily Dickinsons Capitalization and Punctuation1251 Words   |  6 PagesThe poetry of Emily Dickinson is one of the most recognizable of the 19th century. Dickinson’s poetry stands out because of its unconventional use of capitalization and punctuation. Her poems contain capitalized words which are not normally capitalized. Her poems are noted for the frequent use of the dash. Literary scholars have attempted to interpret Dickinson’s unconventional capitalization and punctuation. Some believe that it was merely part of Dickinson’s penmanship (Weisbuch 73). They thereforeRead MoreFight For Agency By Emily Dickinson985 Words   |  4 PagesFight for Agency Emily Dickinson’s poems predominantly portray the confinements placed on married women and illustrate the doubts that come along their role as a â€Å"wife†. 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With these key elements inRead MoreAnalysis Of Emily Dickinson s Poem My Life Had Stood- A Loaded Gun 993 Words   |  4 PagesEmily Dickinson is a very famous and accomplished poet with over 1700 published poems. Several of her poems are similar in theme, and also similar in bringing out human emotions that we humans usually try to avoid. The common theme in most of Dickinson s poems is the wonders of nature, and the identity of self, as well as death and life. The five poems with the common theme of death are: â€Å"My Life had Stood- A Loaded Gun†, â€Å"I Heard A Fly Buzz- When I Died†, â€Å"Behind Me Dips- Eternity†, â€Å"Because IRead More The Life Of Emily Dickinson Essay799 Words   |  4 Pages The Life of Emily Dickinson nbsp;nbsp;nbsp;nbsp;nbsp;Although she lived a seemingly secluded life, Emily Dickinsons many encounters with death influenced many of her poems and letters. 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Dickinsons sister, Lavinia, is the one who published Dickinsons work, on her first attempt the editor that was resp onsible was taking her sweet time. This editor had Dickinsons work for two years so Lavinia decidedRead MoreEssay about Loaded Gun Symbolism Depicted in Emily Dickinsons Poem, 7541993 Words   |  8 Pagesbeginning of Emily Dickinson’s poem â€Å"754,† the narrator immediately compares her life to a weapon, â€Å"My Life had stood -- a Loaded Gun --† (754). Usually, when one thinks of a gun, he or she might think of death instead of love. In most cases, when a person owns or has a possession of a gun, that person might use the gun for protection. A gun is an inanimate object that has the potential or power to take the life of a human. From analyzing the poem â€Å"754,† the narrator symbolizes a loaded gun, full of

Health Promotion For Age Related Type 2 Diabetes Mellitus...

Health Promotion for Age-Related Type 2 Diabetes Mellitus Type 2 Diabetes Mellitus is one of the most common health challenges world-wide, especially in older adults. In this paper, I am going to delve into how health promotion can be a significant factor in reducing the risks of Type 2 Diabetes Mellitus in the aforementioned demographic. Through academic research and resources, in my first paragraph I will be providing the definition of Health Promotion and its importance for patients with Type 2 Diabetes Mellitus. My second paragraph will be discussing the pathophysiology to aid in the comprehension of how this health challenge is present in the body, along with patient responses and complications. Lastly, I will be touching on health promotion interventions, which will also be incorporated with specific ideas and information to aid individuals in promoting health and preventing development and/or advancement of Type 2 Diabetes Mellitus. Health Promotion To start off, I am going to explain the definition of health promotion. Health is one’s ability to cope well physically, mentally, and socially in order to function within the environment in which they are living (World Health Organization, 2016). Encouraging one’s control over their own health in relation to social and environmental interventions defines health promotion, which leads to the optimization of health (World Health Organization, 2016). It is essential for older adults to partake in changing their lifestyle inShow MoreRelatedHealth Promoting Behavior Is Positively Associated With Diabetic Control Among Type 2 Diabetes Essay1414 Words   |  6 PagesC. (2013). Health-promoting behavior is positively associated with diabetic control among type 2 diabetes patients. Open Journal of Nursing, 3(2), 274-280. doi.org/10.4236/ojn.2013.32037 1. Purpose of the article. What is the overall purpose of the article? Try to state this in one sentence. 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Case study. ïÆ' ¼ Demographic data. ïÆ' ¼ Past history of: ï‚ § Patient ï‚ § Family ïÆ' ¼ Lab investigations. ïÆ' ¼ Drugs. ïÆ' ¼ Nursing care plan. ïÆ' ¼ Health teaching 9. Conclusion. Introduction:- There are many ways to categorize illnessRead MoreHispanics And Latinos And Hispanics1560 Words   |  7 Pages There is a significant difference between Latinos and Hispanics, but they are also exceedingly closely related. It is important to remember that these terms refer to ethnicity, not race. Latinos and Hispanics are two different words that may or may not mean the same thing. Some people say Hispanics are those descending from Spain and speak Spanish. Others say it is not the same because Latinos include people from Latin American countries. Since this would include non-Spanish speaking countries it

Potentiality of the Tourist Group Operators-Samples for Students

Question: Discuss about the Potentiality of the Tourist Group Operators in Providing the effective services to the Tourist. Answer: Introduction In the present business scenario, tourism industry is one of the most promising and potential industry (Chon, 2013). In Australia, the potentiality of the tourism industry is more due to the fact that Australia is having tourist destinations ranging from hills to seas to scenic country yards. According to the report, in the last financial year, tourism industry in Australia contributed more than 3 percent in the total GDP. In addition, the rapid development in domestic infrastructure is also contributing in enhancing the potentiality of the tourism industry in Australia. More and more international tourists are coming in the country and it is showing positive trend in the recent years. This report will analyze the potentiality of the tourist group operators in providing the effective service to the tourist. In addition, this report will also determine the viability of these businesses along with their future potential. Business portfolio Tourist group operator is one of the key stakeholders in the tourism business. The main responsibility of tourist group operator is to initiate tourism plan according to the need and requirement of the tourists and covering all the responsibilities of providing the effective tourism experience to them (Erskine Meyer, 2012). There is a huge potential in this business due to the reason that tourist specially coming from the foreign countries always looks for a holistic tourism experience. They are in need of planning management which will provide them the holistic tourism experience. Moreover, due to the fact that, they do not have the idea about the tourism destinations in Australia, thus, they require a reliable partner which will guide them in covering the tourisms destinations. This gap can be fulfilled by initiating tourist group operators. The type of business will be the front office. This is due to the reason that in the tourism industry, the most effective way to deal with the customers is to dealing face to face. Physical dealing with the customers helps to understand the requirement of the customers more effectively. Their expectation from the particular package of tourism can also be effectively determined. Thus, accordingly the service can be offered. In addition, another advantage of having the front office business is to enhancing the trustworthiness of the organization among the tourist. This due to the fact that international tourist will search for reliable sources with whom they can travel. Market scenario According to the data available, total of 7.4 million tourists came to Australia in the financial year 2015. It is also been shown that majority of the people aged 15-29 have been travelled to Australia for tourism. Thus, there is a huge potentiality in catering to the domestic as well as the international tourist. It is also been seen that the positive trend of tourism industry in Australia is rapidly growing. Initiation of the easy process of getting visas is one of the determining factors for enhancing the positive trend of tourism market. It is been estimated that by 2020, the overnight expenditure in Australian tourism industry will be more than $115 billion. Thus, the market potential is huge for the tourism industry. Market targeting strategies This organization will initiate various strategies to target the probable customers. The tourist group operator will promote various promotional activities to reach out to the customers. The customers will be offered customization options through which the customers will be able to design their own travel plan (Fogliatto, Da Silveira Borenstein, 2012). It will attract more tourists. Due to the fact that the tourism industry is growing, enough tourists will be interested to avail these facilities. There are two probable reasons for them to avail these facilities. One of the reasons is the requirement of the tourists of having a reliable support system which will be provided by this organization. On the other hand, another reason is the personalization option. Thus, the customers will have the full freedom in determining their own travel plan. The promotional activities will be initiated in such way that it will reach out to the target segments (Riefler, Diamantopoulos Siguaw, 2012). The target segment will be the customers having the purchasing power to spend in expensive travel plan. Thus, the marketing media will be the travel channels in the television and various travel magazines (Berthon et al., 2012). The first or initial process of filtering will be done at this stage. It is being expected that the customers having the purchasing power will only be interested in availing the services. The last criterion will be the providing effective customer services to the target segments (Hakanen Jaakkola, 2012). The age demographics of the target segments are the young couples, baby boomers and college students. Thus, the customer segments are quite diversified. Service will also be provided accordingly. The preferences for the baby boomers and the young couple will not be same. Thus, leisure will be the main criterion of providing the service to the baby boomers. On the other hand, adventure will be main concern of providing the service to the college students. Initiation of romantic holidays will be the main concern of providing the service to the young couples. It will help to effectively cater to the diversified segments of customers. Market action plan The primary market area for operating will be the New South Wales. This is due to the reason that according to the figure 2, New South Wales is the largest contributor in the tourism GDP compared to other Australian states. Thus, it can be assumed that the potentiality in the market of New South Wales is more than compared to other states. This is the key reason of choosing the New South Wales as the primary market. If the organization gets success in the initial stage, then the market area for operation will be expanded. This strategy will help to reduce the business risk being involved for the organization (Sadgrove, 2016). Marketing channels will be selected keeping in mind the taste and preference pattern of the customers. Various television channels such as travel channels and travel magazines will be used for the promotional activities. It will help to reach out to the target customers more effectively. Advertisement will be designed in accordance to the preference pattern of the higher end customers who will be able to pay the money for the tourism service. In addition, the promotional activities will be carried out in extensive manner to reach out to the global customers. Social media marketing will also be initiated to engage with the potential customers along with determining the customer feedback effectively (Kim Ko, 2012). Conclusion Having analyzed the potential market for the tourist group operator, it can be concluded that this organization is having huge opportunities in the Australian market due to the fact that the tourism market is booming rapidly. It is been identified that the New South Wales will be the most potential market for the organization to start their business. The market segments are also being determined in order to effectively identify the marketing activities. The strategies for providing customer service are also being discussed here in this report. It is being expected that effective implementation of the strategies being discussed here will help to cater to the customers more effectively and it will further help to enhance the market share. References Australia's Tourism Industry | Bulletin December Quarter 2011 | RBA. (2017).Reserve Bank of Australia. Retrieved 30 August 2017, from https://www.rba.gov.au/publications/bulletin/2011/dec/3.html Berthon, P. R., Pitt, L. F., Plangger, K., Shapiro, D. (2012). Marketing meets Web 2.0, social media, and creative consumers: Implications for international marketing strategy.Business horizons,55(3), 261-271. Chon, K. S. (2013).Tourism in Southeast Asia: A new direction. Routledge. Erskine, L. M., Meyer, D. (2012). Influenced and influential: the role of tour operators and development organisations in tourism and poverty reduction in Ecuador.Journal of Sustainable Tourism,20(3), 339-357. Fogliatto, F. S., Da Silveira, G. J., Borenstein, D. (2012). The mass customization decade: An updated review of the literature.International Journal of Production Economics,138(1), 14-25. Hakanen, T., Jaakkola, E. (2012). Co-creating customer-focused solutions within business networks: a service perspective.Journal of Service Management,23(4), 593-611. Kim, A. J., Ko, E. (2012). Do social media marketing activities enhance customer equity? An empirical study of luxury fashion brand.Journal of Business Research,65(10), 1480-1486. Riefler, P., Diamantopoulos, A., Siguaw, J. A. (2012). Cosmopolitan consumers as a target group for segmentation.Journal of International Business Studies,43(3), 285-305. Sadgrove, K. (2016).The complete guide to business risk management. Routledge. Tours and Activities Need to Tap Into The Youth Travel Market. (2017).Rezdy. Retrieved 30 August 2017, from https://www.rezdy.com/blog/tours-and-activities-need-to-tap-into-the-youth-travel-market