Question

Weight: 5%

Marks:  30   

SUBJECT: BUSINESS LAW

Discussion #3: Basic Concepts of Intellectual Property

Instructions

Think of two potential intellectual property situations that you may come across in your work and/or daily life. For each example, identify the kind of intellectual property that is in question and explain the implications.

If you cannot think of examples, you can use some of the following ideas (filling in the details as needed):

1. You think your secret recipe is the reason for the wild success of your restaurant.

2. You have written a popular series of books under a pseudonym.

3. You work as an inventor for a company, but after hours you have created a widget that you think might change the world.

4. You try to trademark the name of your small restaurant chain. It is called "Marvel's".

I AM PLANNING TO DO 1 AND 2. PLEASE HELP ME

You must use a different resolution mechanism for each example, and you must back up your analysis with reference to your materials.  

Properly referencing your sources is required for all submissions. Refer to the Getting Started > Academic Honesty and Citing Sources page in your D2L course for more information.

Answer 1

Intellectual property rights are mainly constituted to protect the intellectual property or the piece of innovative thinking and creativity. The different types of intellectual property rights are copyright, trade secrets, trademarks, patents.

1. You think your secret recipe is the reason for the wild success of your restaurant.

The above example mainly deals with the trade secrets. A trade secret can be seen as any practice or activities that are performed by the company that is not available in the public domain. This information facilitates the company or the business units a competitive edge over the rivals and it is commonly resulted from the internal research and development.

Trade secret law is used to protect the intellectual property related to the trade practices of the company and its proprietary information from any type of unauthorized commercial application by other elements. the Uniform Trade Secrets Act (UTSA) and the Economic Espionage Act of 1996 Protect this type of misuse of trade secrets.

2. You have written a popular series of books under a pseudonym

This is an example of copyright material. Copyright can be seen as the protection provided to the original written and other pieces of creativity from any sort of illegal or unauthorized use by the other parties. Copyright is a type of protection that is provided in the U.S. constitution and it is supported and granted by the law of the country for the authentic workpiece of authorship. This includes both the published and unpublished material

References=

Tracy P. Jong. Copyright of Engineering Drawings,

Bryan M. Carson. Basic Copyright Exceptions for Educators. Bowling Green, Kentucky: