Intellectual Property, Ethical Dilemmas, and Alternative Dispute Resolution - Free Essay Example

Sample details Pages: 7 Words: 2070 Downloads: 3 Date added: 2019/02/20 Category Law Essay Level High school Tags: Intellectual Property Essay Did you like this example? Intellectual property issues, alternative dispute resolution, and ethical dilemmas often affect corporations in how the corporation conducts business. Such is the case of Acme, Inc., a pharmaceutical company that received a patent for an immortality drug but had no plans to market the drug per the company’s president and Beta, Inc. another drug company that copied the immortality drug with plans to market to the public at cost. Don’t waste time! Our writers will create an original "Intellectual Property, Ethical Dilemmas, and Alternative Dispute Resolution" essay for you Create order The issues in this case involved intellectual property, specifically patent law, ethical decisions on the part of both companies, and alternative dispute resolution as to how both companies can resolve the problem. In the case of Acme, Inc. and Beta, Inc. the main issue at hand is intellectual property rights and patent laws. Intellectual property gives companies rights to protect certain types of intangible personal property, such as a patent (Mayer, Warner, Siedel, Lieberman, and Martina, n.d., p. 1142). Acme was granted a patent from the United States Patent Office giving the company exclusive rights to make, use, and sell the immortality drug for a period of twenty years from the date of application (United States Patent and Trademark Office, 2015, para. 4). The type of patent issued to a company is vital in determining the legality of the intellectual property rights. Regarding Acme, the type of patent issued can be considered a utility patent which is granted to anyone who invents or discovers any composition of matter, such as the immortality drug (United States Patent and Trademark Office, 2015, para. 6). However, the patentee is solely responsible for enforcing the patent and in the case of Acme, the president chose not to pursue the patent (United States Patent and Trademark Office, 2015, para.5). In doing so, that decision opened the door for Beta, Inc. to take advantage of the law regarding intellectual property. Due to the fact Acme sat on the patent for the immorality drug and did not market it to the public, Beta was able to copy the drug and release it on the market. In this case, Beta did not apply for a patent. However, under the aspect of intellectual property, Beta could trademark the drug. Although Beta did not obtain a patent, a trademark would give the company a way to distinguish their drug from the drugs of other pharmaceutical company’s (United States Patent and Trademark Office, 2015, para.7). However, Beta could find itself in the same position as Acme as a trademark does not prevent other companies from making or selling the same drugs under a clearly, different mark (United States Patent and Trademark Office, 2015, para.8). In determining the legal aspects surrounding intellectual property rights such as patents or trademarks with the competition between Acme and Beta, caselaw plays a vital role. Acme applied for a patent for a specific drug but did not market the drug to the public. The question becomes in the case of Acme, what legal rights does Acme has regarding intellectual property and patent law? The same holds true of Beta. The company copied Acme’s drug, decided to market it to the public, but only for cost not profit. The question in the case of Beta, can Beta trademark the immortality drug under intellectual property and does patent law apply to Beta? The first aspect of caselaw both Acme and Beta must take into consideration regarding the patent or trademark of the immortality drug is the Leahy-Smith America Invents Act of 2011. Language in the Leahy-Smith America Invents Act of 2011 is very specific and can be applied to both Acme and Beta regarding patent law. The Leahy-Smith America Invents Act of 2011 blocks a patent if an invention is in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention (Bloomberg, 2018, para. 9). Acme had the patent, but did not pursue the market or sell of the invention, so does this make the patent null and void? Under Section ‘ § 291. Derived Patents of the Leahy-Smith America Invents Act of 2011, â€Å"The owner of a patent may have relief by civil action against the owner of another patent that claims the same invention and has an earlier effective filing date, if the invention claimed in such other patent was derived from the inventor of the invention claimed in the patent owned by the person seeking relief under this section (pp. 6-7). In other words, Acme could have legal remedy against Beta for copying its patented immorality drug. Another issue of intellectual property caselaw affecting Acme and Beta is trademark law. Although Beta can potentially trademark the immortality drug even with Acme having a patent, this could create legal issues. Under Title 1  § 13 (15 U.S.C.  § 1063) section a of the U S Trademark Law, â€Å"Any person who believes that he would be damaged by the registration of a mark upon the principal register, including the registration of any mark which would be likely to cause dilution by blurring or dilution by tarnishment under section 1125(c) of this title, may, upon payment of the prescribed fee, file an opposition in the Patent and Trademark Office, stating the grounds therefor, within thirty days after the publication under subsection (a) of section 1062 of this title of the mark sought to be registered† (p. 16). This section of trademark law can create a major issue for Beta in that if Beta decides to trademark the immorality drug which Acme has patent right to, Acme could file a claim with the Patent Office against Beta. In addition to legal ramifications of both companies, Acme and Beta both face ethical dilemmas. In the case of Acme, the ethical dilemma facing the business regarding the patent of the immortality drug and the president’s decision not to market the drug to the public is by keeping the drug from the public, is Acme in depriving an anti-aging cure that would benefit millions of people from dying practicing good social responsibility? The answer is no. When the president made the decision to withhold a drug that would keep millions of people from suffering from death, Acme lack of social responsibility became an ethical issue. Although the public in unaware of the immortality drug, Acme has a social responsibility to market the drug to help people. Acme needs to look at the ethical ramifications of not producing, marketing, and selling the drug. Where is its duty to its stakeholders? Acme must decide where its duty lies and by utilizing an ethical framework of utilitarianism. The utilitarianism framework is based on results. When practicing this ethical framework, Acme doe s what is right for the greater good of society (Mayer, et.al, n.d., p.). Instead of sitting on the patent, Acme must move forward with the manufacturing of the immorality drug to provide society with the ability to sustain infinite life. In the case of Beta, the ethical dilemma facing the company regarding the copying of Acme’s immortality drug and deciding to sell at cost to the public, is Beta creating an issue of supply and demand when it markets a drug that will provide society with immortality and only charge at cost? The answer is yes. When Beta basically stole Acme’s idea of the immortality drug, decided to have people pay only costs, the company not only took away profits from shareholders, but started a domino effect of supply and demand. When people learn about the new drug on the market to give them longer life, the demand for the drug will increase and supply will dwindle. In order to keep up with the supply and demand chain, Beta will have to increase the cost of manufacturing, which in turn will increase the price of the drug to the public. Beta must consider the ethical issues it will create by selling the immorality drug at cost. By utilizing the ethical framework of deontology, Beta can produce an ethical solution. Deontology is an ethical framework that helps businesses put duty first, act rationally, and give moral weight to the equality to all people (Mayer, et al, n.d., p. 43). In other words, Beta should reconsider its decision to sale the drug at cost. It has a duty to act rationally by providing equality to all people. If Beta sells the drug at cost, over time as supply diminishes, demand increases. To avoid a supply and demand crisis, Beta must choose to make a profit and at the same time keep the drug affordable. Although both Acme and Beta are facing ethical dilemmas, both companies are also facing legal issues with each other. One method Acme and Beta can solve the issue surrounding the immorality drug manufacturing by Beta and the patent Acme holds is through alternative dispute resolution. Alternative dispute resolution offers parties alternative means to litigation which can be costly and take several years to settle in court. For parties that have a dispute there are three types of ADR that can help resolve issues. ADR offers parties negotiation, arbitration, or mediation. Each form of ADR can produce positive results. However, each is different. Negotiation is usually the first step in the dispute process. This process is informal and is usually handled directly by the parties without intervention (Mayer, et al, n.d., p. 108). In the case of Acme and Beta, the possibility of negotiation working is improbable due to the severity of the issue. The next steps in the ADR process are arbi tration and mediation. Parties can choose between arbitration and mediation to get the desired outcome to resolve the issue. Alternative dispute resolution offers parties a private decision maker where the decision is quick and binding by law and holds up in court (Mayer, et al, n.d., p.109). Unlike arbitration, mediation offers no binding decision where the parties can accept the mediators recommendations or not (Mayer, et al, n.d., p.109). It would be in the best interest of Acme and Beta to choose arbitration as any decision would be binding. For example, Acme could argue that because if the patent, it has sole rights to the immorality drug, while Beta could argue that Acme chose not to use the patent and therefore it has trademark right to the drug. In this situation, arbitration is the best option. Under the Federal Arbitration Act parties in arbitration are protected with certain rights. In the case of Acme v. Beta, this act gives both parties solutions. For example, if Acme proved Beta committed fraud, an appeal may be filed if Beta was the party that was granted an award. In conclusion, Acme invented an immorality drug to which the company was granted a patent. However, the president of Acme chose not to market the drug to the public. This caused Beta, a competitor to copy the drug and market it to the public at cost. Both issues created ethical dilemmas for Acme and Beta. Acme was faced with an ethical dilemma of withholding a life-saving rug from the public and Beta was faced with creating a supply and demand scenario. However, ethical dilemmas were not the only issues facing both companies. Acme and Beta are also facing legal issues in that Acme was granted a patent and Beta copied the drug and marketed the drug because Acme failed to do so. The solution to both ethical and legal issues for Acme is to go forward with the patent, manufacture the drug, and market to the public. Regarding legality Acme’s only solution to go to arbitration with Beta. Regarding Beta, the ethical decision will be based on the outcome of arbitration. If Beta is the victor of arbitration, ethically the company must rethink selling the immorality drug at cost. References Bloomberg Law. (2018, December 3). Drug-makers head to high court for clarity on patent-Sale timing. Retrieved from https://news.bloomberglaw.com/ip-law/drugmakers-head-to-high-court-for-clarity-on-patent-sale-timing Mayer, D., Warner, D., Siedel, G. Lieberman, J., Martina, A. (n.d.) Business Law and the Legal Environment. Washington, D. C.: Saylor Foundation. Retrieved from: https://www.saylor.org/site/textbooks/BusinessLawandLegalEnvironment.pdf The Federal Arbitration Act (USA). (n.d.). Retrieved from https://sccinstitute.com/media/37104/the-federal-arbitration-act-usa.pdf U S Trademark Law-Federal Statues. (2013, November 25). Retrieved from https://www.uspto.gov/sites/default/files/trademarks/law/Trademark_Statutes.pdf United States Patent and Trademark Office. (2015, October). General information concerning patents. Retrieved from https://www.uspto.gov/patents-getting-started/general-information-concerning-patents#heading-12 USPTO. (2011, September 16). LEAHY–SMITH AMERICA INVENTS ACT. Retrieved from https://www.uspto.gov/sites/default/files/aia_implementation/20110916-pub-l112-29.pdf

A Case Against Evolution Of Public Schools - 1082 Words

A Case Against Evolution in Public Schools Evolution is the most popular theory currently taught in public high schools, and is widely accepted as a sound scientific concept to teach. However, it is equally true that many disagree with evolution and many of its concepts as an explanation of the origin of life on our planet, and it is thus my opinion that evolution should not even be taught in public science classes, as it is not scientifically sound, nor should be a part of a wide variety of concepts taught to students that that should also include intelligent design, creationism, or any other number of theories that have just as much of validity as evolution. Here, we will discuss why evolution as a scientific theory is flawed, and that†¦show more content†¦New standards pointed out about that discrepancies in a molecular evidence has challenged the evolutionary theory of common ancestry of all living things and that whether microevolution can be extrapolated to explain macro evolutionary changes is controversial.(LeBeau, 2007) In the 1900s, once disappointed by the courts, anti-evolutionists moved onto intelligent design .Basically, this concept considers the existence of what is termed irreducible complexity in nature, which can only be attributed to an intelligent designer. (Clemmitt, 2005) Intelligent design promotes idea that life is so complex could have only been created by an intelligent being (Clemmitt, 2005) Intelligent design supporters have believed that a low-key approach is in order to be more successful ,rather than simply asking educational institutions to require that intelligent design be taught. Instead, they ask only that schools teach the controversy surrounding evolution, arguing that broadening the discussion will foster critical thought. (Clemmitt, 2005) Intelligent-Design advocates claim that their ideas constitute a true scientific originality. It seems that one thing preventing Intelligent Design from qualifying as science is that it potentially explains too much .Supporters of Intelligent Design completely disagree that theology should be rethought to accommodate science. (Clemmitt, 2005) The current intelligentShow MoreRelatedThe Theory Of Evolution Or Intelligent Design1677 Words   |  7 Pagesseem to be shrouded in mystery, but in modern America two main theories have come to dominate as the explanation; either the theory of evolution or Intelligent Design. The theory of evolution was first published by Charles Darwin, a famous figure who is just as controversial in modern society as he was in his own time. 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Prevention and Management of Workplace Bullying †Free Samples

Question: Discuss about the Prevention and Management of Workplace Bullying. Answer: Bullying is the occupational health and safety hazard that nurses and midwives across the globe face while working in a clinical setting. bulying is marked by inappropriate behaviour that leads to major physical and emotional impacts. There is an urgent need of coming up with practical method for redressing such issues of bullying to cease them across workplace (Rodwell Demir, 2012). Speak out Midwives are to communicate with the manger or supervisor if nay challenge is faced. Reporting any issue that is related to patient safety as well as that of the midwives is crucial since they can be subjected to bullying. As per the Code of Ethics for midwives in Australia are to report any undesirable incidence in the workplace that might cause harm to the patients and self, including bullying (Code of ethics for midwives in Australia, 2012). I know my rights Midwives can take action on bullying in the workplace at the Fair Work Commission for stopping further bullying. The Commision is responsible for taking strict actions against those who engage in bullying. If there is an order from the Commission to stop bullying and there has been no change regarding this, one can contact the Fair Work Ombudsman by calling or sending an online enquiry. The two authorities to be contacted are the Australian Human Rights Commission and the state health and safety authority. The authorities can come forward to communicate with the midwives and impart education on the need of preventing bullying (fairwork.gov.au, 2017). Resilience McGowan and Karen Murray (2016) had highlighted that resilience is a process of personal development and nurses and midwives are to assist each other in this development of practical skills and knowledge so that they can better deal with the challenging work environment. Midwives are to learn from everything in their surrounding integrate the positive learning into their practice. They need to undertake a critical analysis before taking a decision. Learning from mistakes is a key aspect of professional development. Resilience aids in recovering from challenges in a swift manner. Empowering and working in collaboration Nurse and midwives are to demonstrate professional leadership, vision, guidance and advocacy to patients as well as colleagues (Code of ethics for midwives in Australia, 2012). As per the Australian Constitution, the staff must have the confidence and freedom to act in the best interests of the patients. Working in collaboration with others would ensure that there are job satisfaction and safe service provision. Nurses are to be empowered to speak about bullying by supporting them with adequate resources and maintaining their privacy as they come forward to report such incidences (Empowering a positive culture in midwifery 2012). How to identify bullies Bullying is different from discrimination taking place within the workplace. Discrimination takes place when there is an adverse action due to an individual characteristics such as gender and race (Humanrights.gov.au, 2017). Bullying, on the other hand, is a repetitive unjustified and irrational behaviour towards an individual due to which there arises a risk to the health and safety of that person within the setting (Rodwell Demir, 2012). Previous studies have indicated that about 30% of nurses and midwives have experienced bullying in their workplace (Budden et al., 2017). Policies for protection Bullying prevention strategies help the healthcare organsiations to ensure healthy and safe working conditions simultaneously of reducing expenditure on the injuries and ill health pertaining to bullying (Birks et al., 2017). A risk management approach is to be taken for the prevention of bullying. The procedure of risk management needs to abide by the Occupational Health Safety (OHS) legislation (health.nsw.gov.au, 2011). Risk controls would involve the implementation of preventative strategies and training for the elimination of bullying or minimising the risk. Organisations must ensure that the staff have the awareness of their obligations to not engage in bullying behaviour. They must promote an environment where there is no chance of bullying through taking care of own behaviour and actions. In addition, they must ensure that any information about improper staff behaviour is communicated to the entire staff. Encouraging and supporting staff to resolve conflicts and freivances b y dissemination of information and adequate training is also a strategy (Humanrights.gov.au., 2017). Equipping the staff to respond in an effective and prompt manner in relation to bullying is very important. Zero tolerance policy is to be present for lodging complaints against those who show chances of bullying. Monitoring of risk control measures is essential to essential to highlight the effectiveness of the set policies (health.nsw.gov.au, 2011). References Birks, M., Budden, L., Biedermann, N., Park, T., Chapman, Y. (2017). A rite of passage?: Bullying experiences ofnursing students in Australia.Collegian. https://dx.doi.org/10.1016/j.colegn.2017.03.005 Bullying - Prevention and Management of Workplace Bullying in NSW Health. (2011).health.nsw.gov.au. Retrieved 14 September 2017, from https://www1.health.nsw.gov.au/PDS/pages/doc.aspx?dn=PD2011_018 Bullying - Prevention and Management of Workplace Bullying in NSW Health. (2011). Budden, L. M., Birks, M., Cant, R., Bagley, T., Park, T. (2017). Australiannursing students experience of bullying and/or harassment during clinical placement.Collegian,24(2), 125-133. Code of ethics for midwives in Australia. (2012). www.midwives.org.au. Retrieved 14 September 2017, from https://www.midwives.org.au/code-ethics Empowering a positive culture in midwifery. (2012). Yorkshire and the humber local supervising authority. McGowan, J., Murray, K. (2016). Exploring resilience innursing and midwifery students: a literature review.Journal Of Advanced Nursing,72(10), 2272-2283. https://dx.doi.org/10.1111/jan.12960 Rodwell, J., Demir, D. (2012). Psychological consequences of bullying for hospital and aged care nurses.International Nursing Review,59(4), 539-546. https://dx.doi.org/10.1111/j.1466-7657.2012.01018.x Welcome to the Fair Work Ombudsman website. (2017).Fair Work Ombudsman. Retrieved 14 September 2017, from https://www.fairwork.gov.au/employee-entitlements/bullying-and-harassment#what-to-do-if-you-think-bullying-or-harassment-has-happened Workplace bullying: Violence, Harassment and Bullying Fact sheet | Australian Human Rights Commission. (2017).Humanrights.gov.au. Retrieved 14 September 2017, from https://www.humanrights.gov.au/workplace-bullying-violence-harassment-and-bullying-fact-sheet Workplace bullying: Violence, Harassment and Bullying Fact sheet | Australian Human Rights Commission. (2017).Humanrights.gov.au. Retrieved 14 September 2017, from https://www.humanrights.gov.au/workplace-bullying-violence-harassment-and-bullying-fact-sheet

The crop protection industry Essay Example

The crop protection industry Essay The AHP firm Cynamid was purchased by German based company BASF in 2000. This purchase results in a reduction of the competitive ability of AHP and increases the threat posed by BASF. Previously Monsanto had entered agreements with Cynamid in which they were able to sell glyphosphate for use in the herbicide created by Cynamid called Extreme. This increase in the products ability to provide protection is an example of Cynamids focus strategy, providing particular customers with their specific needs. BASF is a major power in the pharmaceutical organisation with many branches into different areas of research. While this draws on its resources it also provides substantial revenue for RD which is essential in the biotechnology industry. More recently BASF claims to be aiming to remain the worlds leading chemical company. (Dorothe Myer 2005) They intend to do this by helping customers and providing sustainable development. While farmers who purchase technologies may want to produce the best yields they also want their customers to be happy with their products. For this reason the strategy BASF is adopting is appropriate for achieving future profits. Monsanto focuses its business on agricultural crop growers. It exceeds in this industry and has obtained a large amount of revenue due to its creation of the Roundup herbicide. Novartis is not completely concerned with crop protection but concentrates on health products. It does not focus solely on crop protection and I dont believe they pose the most significant threat to the market share of Monsanto. BASFs firm Cynamid has developed products that directly impact Monsantos market share. We will write a custom essay sample on The crop protection industry specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on The crop protection industry specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on The crop protection industry specifically for you FOR ONLY $16.38 $13.9/page Hire Writer The organisation accumulates large revenues each year and through this revenue can spend more on RD then less successful companies. These revenues are spent over a number a more substantial area as BASF is involved in more industries then crop protection. I dont believe that they are the most significant threat to Monsanto as they have just acquired Cynamid and are not as established as some other organisations in the crop protection industry. DuPonts firm Pioneer focuses on crop protection and in the past has developed useful and profitable products using Monsantos glyphosphate ingredient. Although it has proved competitive it has used Monsantos technology to its advantage and has increased profits partly due to Monsantos patent conclusion. Pioneer is still a threat but I do not believe it is as much a threat as the established Syngenta organisation. Syngenta is another competitor of Monsanto that focuses solely on crop protection. It is a greater threat to Monsanto as it has worldwide operations with high revenues and continually innovative products. Syngenta had sales in 2004 equal to approximately US$7. 3 billion. (Syngenta 2005) It has also been granted recent court ruling that allow it to enter markets and compete with Monsanto. (Corey Gillam 2004) Syngenta is also responsible for releasing a new combination product called LOMAX which provides season long control of broadleaf weeds and grasses. (Syngenta2005) I believe Syngenta has the resources to create innovative products and threaten any thoughts of a monopoly by Monsanto. It is a well established organization with the revenue and technology to expand in the crop protection industry.