Wednesday, March 18, 2020
Article Review Essays - Intellectual Property Law, Monopoly
Article Review Essays - Intellectual Property Law, Monopoly Article Review LAW/421 November 3, 2014 Article Review E-Commerce has become a major source of business due to the Internet giving businesses the ability to conduct online business transactions. Countless companies have expanded their consumer base to the entire world; something that could not have been done without the use of the Internet. Those businesses that have taken the opportunity and utilized the availability of the Internet have experienced a growth like never before. Those businesses have also experienced a growth in profits from the use of the Internet as well. However, these growths do not come without some risk. The intellectual property of these businesses has been put into a vulnerable position because of this type of expansion. The article titled E-Business Makes Protection of Intellectual Property More Critical, Complex than Ever examines how expansion via the Internet requires some strong security and laws covering intellectual property. With up to 90 percent of U.S. companies expected to be transacting business over the Internet in the next year, the need to protect intellectual property has never been greater or more of a challenge (E-Business Makes Protection of Intellectual Property More Critical, Complex than Ever, 2000, para. 1). This example shows exactly how e-business is shaping the requirement for intellectual property protection. Continuous drafting of new software, laws, regulation, and legislation protecting intellectual property is currently in effect. Yet, continuously changing right along with these new drafts are the ways that businesses are at risk regarding intellectual property. Readers are informed by this article, on the way e-business has pointed the way to the increase of intellectual property theft, and how that has increased the concern for this legal matter. The center of this matter is focused on new laws that will protect businesses privacy concerning intellectual property as well as secrets of the trade. E-Business Makes Protection of Intellectual Property More Critical, Complex than Ever (2000) describes how protection of these valuable instruments on the Internet today are varying as much as the creation of those properties. Patents, trademarks, copyrights, nondisclosure and confidentiality agreements, even non-compete covenants and employment agreements that convey title of intellectual property back to the company, all play an important role in protecting a company's interests from its current and prospective competitors (E-Business Makes Protection Of Intellectual Property More Critical, Complex Than Ever, 2000, para. 3). It goes on to state, It's impossible to prevent employees from taking intellectual property with them when they leave. Strategic partners and even vendors also have access to company secrets, so it's easy to see why the lines of ownership become very blurred when it comes to intellectual property (Traber, 2000, as cited in E-Business Makes Protection Of Intellectual Property More Critical, Complex Than Ever, 2000, para. 2). Generally speaking, the article displays well-written examples providing the reasons behind the need for businesses who partake in e-commerce to seek out and maintain help from law groups so that they may protect their business from expensive and unnecessary lawsuits because of intellectual property theft from employees or from the businesses intellectual property. It is essential to notice that some theft of intellectual property can be committed very easily; especially when the business is unaware of any privacy statements in regards to a specific piece of intellectual property, such as a video used for training purposes. Attaching a privacy disclosure to each piece of intellectual property that the business owns is also critical. The disclosure will help to ensure that the intellectual property remains protected by law, from theft or misuse. Moreover, this also allows the company legal rights to take action against the theft or misuse of the intellectual property, giving the compa ny the advantage in the case. Whether it is unintentionally or intentionally, ignoring the privacy disclosure statements on intellectual property is considered unethical. Making sure that all employees in the company are aware of the privacy disclosure statements in their employee handbook regarding intellectual property is essential. Requiring signatures from the employees helps protect the company from any damages that may incur during a lawsuit against any employee that may illegally use anothers property is a good way to help protect the company. Laws pertaining to the use or theft of intellectual property are continuously changing.
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