1. A Study On Patenting Genes Of Organism
Patenting Genes of Organism
The advancement of technology has lead to many scientists conducting more experiments with gene modification. This has lead to scientists to
isolate certain genes that may cause a certain disease, thus modified genes may change the organism in a particular way. It may help farmers with
crop cultivation and reduce crop infestation. It may also help farmers to be able to cultivated crops or keep animals that are prawn to drought
resistance. Before, I go in details explain the importance of why businesses that develop modified organisms should be able to preserve their property
rights by patenting such organisms or why such organism should not be patentable. I would like to briefly explain the history of patenting. For over
two hundred years living organisms have been excluded from patent laws; life forms were considered a "product of nature" and not a human invention.
"The non–patentable status of living organisms changed with the 1980 landmark Supreme Court case Diamond v. Chakrabarty,". The court decided in
a narrow 5–4 decision that a strain of bacteria that had been modified by the insertion of new genes was patentable because it was not naturally
occurring. The foreign genes gave the bacteria the ability to break down hydrocarbons, and its "inventors" hoped it might be useful for cleaning up oil
spills. Historically, patents were initially developed to insure and protect inventors and to make sure that they could benefit financially from the
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2. Why Do Our Genes Have Anything?
In today's society, what if I told you that you don't really belong to yourself. Each individual person was actually owned, at least partially, to a
random individual that you have never laid your eyes upon. Having this information revealed to you in such a desperate time can be a bit of a
shocking revelation. This information that I have just now released to you have been going on for all the better half of thirty two years. Let me
take it a step back and give you the specifics of what most people really don't want you to know. Genes, it's the common dominator that ties all
living species together. Now you are probably wondering, how do our genes have anything to do with this? What if I told you that individuals have
discovered a way to place ownership on any living organism that shares a particular gene? This is called gene patenting. In 1980 there was a U.S.
Justice Supreme Court of Diamond v. Chakrabarty, "447 U.S. 303, 206 USPQ 193 (1980), held that microorganisms produced by genetic engineering
are not excluded from patent protection by 35. U.S.C. 101. IT is clear from the Supreme Court decision and opinion that the question of whether or not
an invention embraces living matter is irrelevant to the issue of patentability" (USPTO). Being able to patent a particular gene or a sequence of genes
that will provide ownership to that person. Having this type of "power" I believe is wrong and should have never been allowed for society to abuse.
Facing some pretty hard facts
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3. Intellectual Property Laws Of Australia Essay
Intellectual property is a broad term that is used to refer to the rights that the owner of an invention or an artwork enjoys. An example of intellectual
property law is the Trade Related Aspect of Intellectual Property Rights (TRIPs), which gives individual rights such as patent, designs, and trademark.
Intellectual property is contained in the Article 2(viii) of the convention, which led the establishment of the WorldIntellectual Property Organization
(WIPO). Literary works, inventions, discoveries, trademarks, and industrial designs are among the rights that are provided in WIPO. Intellectual
property in Australia has a strong judicial support.
Introduction An effective system of intellectual property is important in facilitating innovation as well as economic growth within a country and across
all its borders (Davidson, Monoti, Wiseman, 2012). The current global economy is concentrating more in the invention of ideas that are original, other
than in manufacturing of machines. To enhance and protect these ideas, there ought to be effective intellectual property laws. The government of
Australia has prioritized the protection of original ideas from individuals through copyright, patent, and trademarks among other intelligent property
laws, which give the inventor a temporary period to enjoy the financial benefits of his or her original idea. The major purposes of intellectual property
laws can be contested; therefore, they create areas of interest for
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4. International Regulation Of Copyright Law Essay
1)Introduction:
Trademark: Trademark recognizable features, expression, or other symbol that indicates a particular product or service, and legally it apart from all
other products. It also serves to only identify the product or service from a particular company, and the recognition of ownership of the company
brand. The protected products are generally considered to be a form of property. Most countries have agencies through which companies can have their
products with trademarks. One of the main goals of a product is protected to protect the product from used without the permission of the original
society. Most countries have patent laws that are designed to defend against patent breach. International regulation of copyright is much more complex,
because there is no universally recognized Patent Office
Patent: A patent is basically a government license which provides the holder the exclusive right to process, design or new invention for a specific time
period. Patent applications are usually handled by government agencies. You can use a patent to protect his invention. It provides you the opportunity
to take legal steps against anyone who makes, used, sold or imported without your permission.
To obtain a patent, your invention must be all of the following: Something that can be used or New Inventive – not just a simple modification of
something that already exists
You cannot patent the invention, certain types, including: way of doing
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5. Intellectual Property, Trademark, And Trade Secrets
Intellectual Property refers to creations of the mind, such as inventions; library and artistic works; designs; and symbols, names and images used in
commerce. It is any product of the human intellect that the law protects from unauthorized use by others. It is comprised of four categories: patent,
copyright, trademark, and trade secrets. Patent gives the inventor the right to exclude others from making, using, importing, and selling the patented
innovation for a certain amount of time. A patent can be granted the inventor if they file an application in a timely manner. Most inventors seek a patent
to obtain the actual or potential commercial advantages that go along with the right to exclude others. Copyright protection gives the right to
reproduce, distribute, perform, display, and license things such as music, motion pictures, writings, architecture, and other original intellectual
expressions. Trademarks are words, phrases, names, slogans, logos, and symbols used by producers to identify their goods and services. As for trade
secrets, to determine whether information creates a trade secret, there are six factors that need to be considered: The extent to which the information is
known outside the claimant's business, the extent to which it is known by employees and other involved in the business, the extent of measures taken
by the claimant to guard the secrecy of the information, the value of the information to the business and its competitors, the amount of effort or
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6. The Value And Importance Of The Rights Of Patent Holders
The value and importance of the rights of patent holders cannot be underestimated. In our current state of the law and economy, patent holders (and
holders of all forms of intellectual property) contribute immense value to the total worldwide economy. The US Chamber of Commerce suggests that
almost 35% of the total US GDP is revenue generated by intellectual property. (US CoC, 2017) The idea of patents and intellectual property has a long
history in America and was considered so vital to innovation and progress that it was put into Article 1, section 8, clause 8 of the US Constitution. The
US Constitution is the foundation of all laws in America and has the final say whenever there is a question about how new innovations or ideas should
be ... Show more content on Helpwriting.net ...
Such thievery dis–encourages enterprise.
Laws were put into place and enforced by the central authority to prevent one thug from stealing other peoples things. Today, intellectual property laws
offer the same protections to creators. In the same way that a thug cannot come by and take a farmers harvested crops, neither can a thug today come
by and take an inventors plans for his invention.
Without intellectual property laws, there would be no incentive to create new innovations since it would be assumed that it was only a matter of time
before someone came and took it away from you and made it their own.
Patented organisms are no different from any other invention; they are a new creation that someone invented. Without the inventor, the thing would not
exist. It is theirs. Still using the logic our founding fathers had, we see that without intellectual property rights to protect the newly invented
bio–organism, any thug could come by and steal the idea, manufacture their own and leave the true inventor penniless and destitute... never to bother
inventing anything again.
Patent & other forms of intellectual property rights are important to incentivize creation and innovation; Perhaps even more valuable than any physical
piece of property. Patent and intellectual property is a major foundation of our global economy. Regarding the question of modified biological life;
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7. The Beach Carrier Essay example
Q1:What is the nature of the product? What are its strengths and weaknesses?
A1:The Beach Carrier is a new product concept developed by Mary Ricci. It is a large, lightweight, durable bag that is designed to carry everything
required for a day at the beach, including a chair. The Beach Carrier can be folded down to a 12–inch by 12–inch square for easy storage when not in
use. It comes with an adjustable strap and various–sized pockets for carrying all types of items to the beach or other outdoor activities (i.e. concerts,
picnics, and barbecues).
The Beach Carrier possesses several strengths relative to competitive products in the market, including the following:
1.First, the overall product concept of a single bag that can carry ... Show more content on Helpwriting.net ...
4.The fluorescent colors of the Beach Carrier are see–through and considered "trendy", lessening the perceived quality of the bag.
Q2:What are the limitations to the assumptions Ricci has made in determining the market potential? What risks do these present?
A2:In assessing the market potential for the Beach Carrier, there are several assumptions that Ricci made that could significantly impact the overall
market share potential. These include the following:
1.First of all, Mary Ricci has made the general and often–popular assumption that "bigger is better". However, a 36–inch by 36–inch bag is huge and
would be extremely heavy if completely filled. People may prefer to have a smaller bag and limit the items that they bring to the beach or on another
outing.
2.Second, the Beach Carrier utilizes an adjustable shoulder strap for carrying and Mary has assumed that this method would not be viewed as a
negative when compared to the "Caddy Shack" (backpack–type) or the "Wonder Wheel" (oversized wheels). However, many consumers would likely
view these other carrying methods as an advantage, especially if one is packing lots of stuff including chairs and umbrellas.
3.Next, Mary based her market research on all people who use suntan and/or sunscreen products. This may be a significant overstatement of the market
as many people who use these products
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8. Gene Patenting Research Paper
Modified Genes
Student X
University of the People
BUS 3305
Introduction A patent is a right, a monopoly of limited duration, in most cases it is for 20 years. It is a right that prohibits other persons from making,
using, selling or importing an invention. An invention is one thing, a way of doing something, which is new, useful, and which does not already exist
in nature in the same form. There are several types of patent, but the one we are interested in is the biological patent, which is a patent on an invention
in the field of biology that allows the patent holder to prevent others from making it from using it, selling it or importing it. The regulation of biological
patents varies from country to country and may include biological technologies and products. Genetically modified organisms and genetic material.
The patents of each country are valid only for that country. Thus, a Canadian patent is only valid in Canada and has no application in Germany and
may contain specific rights, different from German patents. Each country grants its own patents, but there are several broad principles that are common
to all patent systems. A set of international agreements establishes certain general standards that apply to patents; such as the duration of the monopoly,
the ... Show more content on Helpwriting.net ...
However, since June 2013, gene patenting is no longer recognized in the United States. Indeed, the US Supreme Court has held that genes, even
isolated in the laboratory, are in fact creations of nature and therefore unpatentable. To be considered patentable, the gene should also have been
modified in the laboratory. This decision was made in response to a lawsuit against Myriad Genetics, which holds patents on the genes that determine
predisposition to breast and ovarian cancer; The BRCA1 and BRCA2 genes" (Association for Molecular Pathology v. Myriad (13 June
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9. General Contractor Licensing For Virginia
General Contractor Licensing for Virginia http://generalcontractorlicensecenter.com/general–contractor–licensing–in–virginia/ In the state of Virginia,
you must obtain your contractor's license from the Department of Professional and Occupational Regulation Board if you play to do any construction
work totaling $1,000 or higher. Construction work can also include demolition, home improvement, or home repair projects. Your contractor'slicense
will be based on your experience and the size of the projects you plan to undertake. The board will determine what caps are placed upon your business
accordingly.
Local laws for specific cities and counties may also apply.
What Kind of License to Get?
There are three distinct license classifications in the state of Virginia depending on which criteria your company meets. You must apply for the
classification that best suits your business, as well as a specialty classification that notifies the board which specific type of contracting work your
company specializes in.
Class C License
Class C License is the easiest contractor's license to obtain in Virginia. This requires 2 years' worth of experience but does not require any exam or a
specific net worth limit for your business. You will be able to take projects that range in price from $1,000 to $10,000 or whatever price you select, as
long as your annual earnings remain under $150,000.
Class B License
Class B License ranks in the middle of the three types in terms of difficulty
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10. Biotechnology in Malysia : Medicinal Patent Essay
In Malaysia, pharmaceutical inventions in the form of products or process can be protected as patents upon meeting the patentability requirement and
do not fall under statutory exceptions for non–patentable subject matters. The requirements for patentability of pharmaceutical inventions are that the
invention must be new, involves an inventive step and it is industrially applicable. According to Biotechnology In Malaysia (2008), granted patents in
the healthcare field are showing an increasing trend by scoring 121 patents amongst 296 patents in total. These patents are under legislation of the
Patents Act 1983 in Malaysia.
This biological patent can be referring to the gene sequences patent (Ramachandran, 2009). A patent with MY140009A,... Show more content on
Helpwriting.net ...
Bhd instead. However, Universiti Putra Malaysia owns an intellectual property in medicine. An example is antioxidant rich nutraceutical formulation
with application number PI20050102. This neutraceutical product compose of three antioxidants; tocopherols, tocotrienols and gamma oryzanol that
improve antioxidant status and reducing the risk of coronary heart disease.
The Patents Act(established on 1st August, 2001) provides thedrug patent owner certain exclusive rights in respect of its patent within twenty years
from the filing date of the application regarding the patent applied (Lim &Ooi, 2006). The merit of drug discovery can reduced the risk of heart disease
which is common in Malaysia. The drug which haspatented prevents generic drug competition. Patents provide legal protection for inventors in order
to prevent other people from making use of their ideas. Therefore, only the pharmaceutical company that developed the drug is allowed to sell it. Drug
patent gives impact in the economy by that the pharmaceutical companies often maintain that patent protection for drugs ensures that they are able to
dominate the market. They do this by investlots of money into the development of new products, by making sure that they will be able to take
advantage of the sales.Patent protection for pharmaceutical can help to
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11. Plagiarism And Intellectual Property Of The Academia And...
Plagiarism and Intellectual Property in the Academia and Software Industry
The many consequences
Daniel Choe
Student from University of Utah
United States stradius101@gmail.com Abstract – This paper discusses plagiarism and its many dire consequences in the realm of the computer science
academia as well as the software industry.
I. INTRODUCTION
Plagiarism is an issue that cannot be taken likely both in the academia and the software industry. The consequences of plagiarism are widespread and
the issues that follow can be personal, professional, ethical, financial and legal. Plagiarism is not only destructive to the individual who committed the
infraction, but can also be damaging to one's teammates, company, educational institution, as well as possibly thousands or millions who rely on the
software. As a result, it is important to iterate the severe consequences as well as the negative impacts that can and will occur from plagiarism to
increase prevention of such cases as well as to properly understand what is considered to be an infraction and to take care of avoiding infractions.
II. ACADEMIC MISCONDUCT IN THE ACADEMIA
A. Background
The number of students enrolled in computer science courses have never been higher. This trend is most likely attributed to the field's job prospects as
well as the realization of the importance in understanding computer science in this modern tech era.
Unfortunately, the number of students caught cheating in computer science courses is
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12. Biological Patents And Their Associated Exploitation
Biological Patents and Their Associated Exploitation "There is no patent. Could you patent the sun?" This quote by Jonas Salk, the researcher who
invented the polio vaccine in the height of the polio scare, demonstrates the natural resistance people have to patents on biological agents. If society
can grant individuals or small groups of individuals the exclusive rights to the production and use of biological agents in the form of a patent, the
morality of such patents must be taken into consideration. David Resnik's adaption of Marx's theories of economic exploitation to a biomedical
setting can be used to determine whether biological patents are moral. According to Resnik, "A exploits B if and only if 1) A takes advantage of B and 2)
... Show more content on Helpwriting.net ...
Together, they grantedColumbia University the exclusive rights to an important technique in biotechnology and pharmacology which, "allows foreign
DNA to be inserted into a host cell to produce certain proteins". The university earned almost $800 million through the licensing of these patents to
various companies and institutions. For A to exploit B, as per Resnik's definitions, there must exist an A and B. So let A, the exploiting party, be
Columbia and let B, the exploited party, be the academic institutions and the private companies that wish to use the technique described in the patents
to further medicine. A did indeed take an advantage over B with the advantage being the university discovered the technique before any institutions
discovered that same technique or a technique very similar to what Richard Axel discovered. A used this advantage of having the discovery first to
harm B financially by suing any institution in B for their use of Axel's techniques without the proper license. So A exploited B. A cannot morally
justify this exploitation because any financial gain A received from exerting control of their patents gets canceled out by that equal financial loss of
B. Furthermore, A does not gain any productivity from enforcing their exclusive rights to the patents but B loses productivity for having to apply for
the licensing or not being able to attain licensing for the technique so there is a net loss for A and B. To
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13. Why Government And Law Makers Should Support Intellectual...
Intellectual Property
Omid Ashrafi
Nov 27, 2014
City University of Seattle
Abstract
This paper is clarifying intellectual property as one of most important keys in innovation and research. It is explaining why government and law makers
should support intellectual property right, and also how far government should support intellectual property. Finally, it will mention the two main
elements like religious and economy which is the red line for any government and lawmakers who support intellectual property.
Answer: Intellectual property is one of the most important keys in innovation and it should be supported by government under the curtain rules and
regulation which is related to economy, culture, and religious to support ... Show more content on Helpwriting.net ...
(Schaffer, Augesti, & Dhooge, 2014).
Intellectual Property and Economy
Intellectual property is the main elements for economic growth and national competitiveness. President Obama mentioned that the United States of
America must support intellectual property rights to be successful in an increasingly competitive international market which help the American people
to meet their goals. It clearly shows that supporting of intellectual property by government completely related to economy because it has a direct
relationship with innovation which is the main buddy in economy, and its benefits will effect to every single industries. In addition, Intellectual
property is not just the final product of workers and companies but also it has positive effects to innovation of products, supplies, and commercial
activities (U.S. Patent and Tred mark office 2012).
Moreover, Intellectual property needs to be supported by government because it is the most important keys in creating new jobs. According to U.S.
Patent and Tred mark office (2012) the number of direct and indirect employment in technology industry are related to supporting of intellectual
property right. Direct employment in related to Intellectual Property in technology industries was 27.1 million jobs in 2010 and indirect activities
associated with these industries provided was 12.9 million jobs throughout the economy in 2010. It
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14. Essay 1900 Vs 2000
1900 Versus 2000
I think that we take for granted the things that we have today. Just look at all of the innovations in technology and quality of living over the last 100
years. Back in the year 1900, things went crazy. All sorts of new inventions were coming out all of the time, and people were becoming rich beyond
their wildest dreams. In my opinion, the past 100 years have left us in a completely different world.
Back in the early 1900's people were amazed to see a person driving down the road in something called an "automobile." This was astonishing. People
were getting around without a horse to pull them. All the person had to do is press the gas pedal to make the car move. ... Show more content on
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They had no idea how all of these complicated things worked and that scared them. many of them wished that none of these things had ever been
invented.
Today, technology is advancing at an incredible rate. You can't even buy a computer that isn't already obsolete. People can now communicate with a
video phone, or fly to another country in a matter of hours. You can run a multi million dollar business from your computer at home. People can go on
the Internet and find out information on everything from the weather to a recipe for chicken soup.
Unlike 1900, if you don't get a good education in today's world, you will not be successful. Even people who go to college aren't guaranteed to make
a lot of money. Today, a car can cost tens of thousands of dollars, where as back in 1900 you could get one for under a thousand. Back then people
were worried about the destruction of the forests, and today, we worry about what countries might destroy us with nuclear weapons.
It seems to me that people at the early part of the last century were a lot happier than people of today. They were surrounded by all of the excitement
of the rapidly changing world. People were always going to parties and having fun. Today,
I hear a lot of talk about how bad people are. There is always something on the news about how a little elementary student
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15. The Intellectual Property Case Study
Intellectual Property Case Study
Introduction:
Trademark : A trademark is a?recognizable insignia, phrase or other symbol that denotes a specific product or service and legally differentiates it
from all other products. It also serves to exclusively identify a product or service with a specific company, and is a recognition of that company 's
ownership of the brand. Trademarked products are generally considered a form of property. Most countries have agencies through which businesses can
have their products trademarked. One of the main purposes of having a product trademarked is to protect the product from being used without
permission of the source company. Most countries have patent laws which are designed to protect against copyright infringement. International
copyright regulation is much more complicated, as there exists no universally recognized patent office.
Patent : A patent is a government license that gives the holder exclusive rights to a process, design or new invention for a designated period of time.
Applications for patents are usually handled by a government agency. You can use a patent to protect your invention. It gives you the right to take legal
action against anyone who makes, uses, sells or imports it without your permission.
To be granted a patent, your invention must be all of the following:
Something that can be made or used
New
Inventive – not just a simple modification to something that already exists
You can?t patent certain types of
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16. Intellectual Property Case Study : Trademark
Intellectual Property Case Study
Introduction
Trademark: A trademark is unique emblem to any other symbol that distinguishes a specific product or produce. Since a trademarks is unique and
specific to a product, service, or company; it can be used to exclusively identify that product, service or company. Legally, a trademark can be used to
differentiate a product as well as recognise ownership of a particular brand. It means the person owning the trademark owns the product and can defend
the ownership to the highest extent of the law. In most countries, there are agencies mandated to offer guidance to companies interested in
trademarking their products. The role played by these agencies is important in aiding companies to protect their product both legally and in the market
place from counterfeiters by enforcing patent laws. Counterfeiters imitate and sell other company products without proper authorization. Locally, the
enforcement of patent laws protects companies and individuals from copyright infringements on their products and services. Internationally, the
enforcement of patent laws is on a case–to–case basis since there is no established and universally accepted patent office that has international
jurisdiction
Patent: A patent is a government issued license that gives the holder of the patent certain exclusive claims to a process, invention, or design for a given
period. A patent protects the holder of the patent from copyright infringement, and also gives the
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17. The Debate Over Gene Patenting Essay
In June 2000, the publicly funded Human Genome Project (HGP) and the private firm Celera Genomics Inc. announced that they had completed
sequencing the human genome. This unprecedented accomplishment is expected to enable doctors to diagnose, treat and even prevent numerous
genetic diseases. As these two entities worked on sequencing the human genome, there was also a separate and less publicized race to patent as many
human genes as possible.
The patenting issue gained some attention when President Bill Clinton and Prime Minster Tony Blair jointly called for the release of raw genetic data
into the public domain (CQ 405). I will argue in this paper that the aggressive competition among biotechnology firms to patent genes is ... Show more
content on Helpwriting.net ...
Ideally a patent is not supposed to give monopoly over an idea to an inventor unless the idea is useful to the public. Thus, a gene should be shown to be
capable of being useful to the public in the form of new products or treatment, before anyone should be able to patent it.
When thinking about patents, many of us wonder how anyone can patent genes that all of us have carried since we were born. U.S patent law allows
inventors to claim new and useful machines, processes, and objects as proprietary creations. This privilege, however, has not been extended to
naturally occurring phenomena, such as elements in the periodic table. However, a legal precedent now allows human genes to be patented. In order to
study genes, scientists have to isolate and manipulate genes in the laboratory. Thus, in the eyes of patent law, genes are treated just as any other
man–made chemical ( Regalado 50). On the strength of this logic, the U.S Patent and Trademark Office (PTO) has been issuing patents to genetic
discoveries since the 1970s. Human growth–hormone, insulin, erythropoietin–protein drugs with billions of dollars in combined sales are all
manufactured using patented DNA sequences.
The patenting race takes advantage of the same computer technology that made the sequencing possible. Companies seeking patents have been using
automated DNA–sequencing machines to identify genes easily and cheaply. At the time when they file for the patents,
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18. Becoming A Real Estate Agent
Become a Licensed Real Estate Agent
You are considering a career in real estate. Fantastic, this is a great industry to become a part of.
Now that you know you want to sell real estate, you have to get licensed before you can go any further. So, how do you obtain your real estate license?
Getting licensed is relatively easy, but does require some time and effort. Below we have shared the steps you need to take in order to obtain your
license so that you can started in your new career.
Know YourState's Licensing Requirements
Before you start putting money down for real estate courses, take some time to find out what your state's licensing requirements are.
Every state has different requirements when it comes to attaining a real estate license.
Eligibility– Age, education, and residency requirements differ by state.
Education– Course type, passing scores, and the number of course hours required differ by state.
Fees and application– These also differ by state.
License renewal– The licensing renewal requirements are not something you have to worry about right away, but it is good to be aware of them for the
future.
Take your time becoming familiar with all of the eligibility requirements, number of course hours required, and the application process. By knowing
what your state requires, you can save yourself a great deal of time and be well on your way to starting your new career in real estate.
Start Taking the Pre–Licensing Courses
Once you know what your state
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19. Analysis Of The Gower Review Of Intellectual Property...
1. Introduction: Biotechnology Invention.
The Gower Review of Intellectual Property reported that in 2006 that almost 20 percent of human gene DNA sequences had been patented; 4,382 out
of the 23,688 known human gene. There is indeed a dramatic increase in the number of gene patented.
The statistics showed above had raised several type of argument on the patentability of the biological materials, or more specifically on human gene.
First, how a human gene can be patentable, while the gene sequenced was not more than a discoveries rather than a invention? Secondly, is it
appropriate to grant a monopoly on genetically engineered organisms? Last but not forgotten, if it remained patentable, what is the optimal policy to
ensure that ... Show more content on Helpwriting.net ...
The Association for Molecular Pathology had agitated against the existence and exclusive licensing of the gene patent because of various kinds of legal
threats to the medical practice. And this lead to the landmark decision of the case Association for Molecular Pathology v. Myriad Genetics Inc. in the
U.S. Supreme Court. In this case, Myriad Genetic and University of Utah Research Foundation, which holding the BRCA1 gene patent previously,
claimed that the work of isolating the DNA from the body should made patentable. The Court of Appeal, making the gene patentable, reversed the
District Court's decision. The Association for Molecular Pathology then appealed to the U.S. Supreme Court. Considering the decision made in Mayo
Collaborative Services v Prometheus Laboratories Inc. , the requirement of making the natural phenomena patentable was now stricter, with more
restrictive rules.
3.Patent
3.1 What is Patent?
According to World Intellectual Property Organisation, patent is an exclusive right granted for an invention, which is a product or a process that
provides a new way of doing something, or offers a new technical solution to a problem. The invention potentially owned an economical value, and the
patent granted was limited to twenty years to make, use and sell the patented invention. As a pay back, the owner of the patent must publish the
technical information about the invention to the public.
3.2 Patent Law
21. Questions On Law And Property Law
Running Head: Unit 5: Property Law, Property Law Student's name: Unknown University of the People Patent of develop modified organisms
Question: Scientists have isolated genes that cause particular diseases and modified genes that alter organisms for particular reasons (for example, to
help beneficial plants and animals to survive under harsh conditions). Make an argument as to why businesses that develop modified organisms
should be able to preserve their property rights by patenting such organisms. Then, make a counterargument as to why such organisms should not be
patentable. Research the issue online to develop supporting facts and arguments for each position. If you begin with a Google search of "patenting
organisms" you will find several articles from institutions of higher education and government organizations that will present a good overview and
various perspectives on the issue. Look for URLs ending in ".edu" and ".gov." Helpful resources specifically for why organisms should not be
patentable include Web sites for advocacy groups such as Greenpeace and the Council for Responsible Genetics. You will also want to read the United
States Supreme Court decision of Diamond v. Chakrabarty. Be sure to cite your sources. Abstract: Intellectual property is very important, without such
protection, almost everything would have been like a chaos, because, people would not be encouraged to invent, innovate or discover anything, the fact
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22. Software Patent Law Essay
Software Patent Law
A patent can be defined as "a legal document granted by the government giving an inventor the exclusive right to make, use, and sell an invention for a
specified number of years." 1 These special rights are given to the inventor as a means of incentive to further advance technology. The origins of patents
are unknown, though the distinction of the longest continuous patent system belongs to Great Britain. The British patent system originated in the 15th
century, when the Crown first started dealing with the granting of privileges to manufacturers and traders. The earliest known British patent was issued
in 1449 for a method of making stained glass.2
Since those medieval beginnings, patent law has grown and ... Show more content on Helpwriting.net ...
How do U.S. and European policies affect the global perspective on patenting software?
In the sections that follow, the policies of the U.S. and Europe will be analyzed to see how these ethical questions may be answered.
Background Information: Governing Bodies
Up until recent times, the organization of the global patent system has simply been that each country has their own patent laws and offices. These
offices deal with their own domestic patent filings, as well as those of foreigners seeking protection against infringement in that particular country.
Manufacturers have come to embrace the idea of distributing their goods to the world market; so as globalization grows, so does the need for
international patents.
In 1973, thirteen European countries signed the European Patent Convention (EPC), with the objective of developing a uniform patent system (the
European Patent Organisation) in order to make patent protection in Europe easier and less costly. Four years later, the European Patent Office (EPO)
was founded as the executive branch of the Organisation. The EPO currently has twenty–seven member countries, and is still expecting more to join.
Though the EPO does include all fifteen members of the European Union (EU), it is important to note that the EPO is not governed by the EU.3 Each
country still maintains its own patent office and applies its own laws. However, since the goal of the EPO is to harmonize
24. Bibliography On Intellectual Property Rights
Contents Page Overview of intellectual property rights and how it relates to Computing3 Introduction3 What are Intellectual rights?3 What is Patent?4
What is copyright?4 Why patent over copyright5 Patentability for and against5 Work arounds6 Overview of intellectual property rights and how it
relates to Computing Introduction An ongoing debate is rife in the world of law as to whether computing has its own law. However this debate had
risen to both national and international levels before it was quelled by individuals such as Judge Frank Easterbrook, who stated in a ground–breaking
paper that there is no such thing as computer law (Easterbrook, 1996). What is commonly called computer law actually refers to a myriad of
connected concepts that exist in current case law, and said laws are subsequently applied to the claiming of intellectual rights for technologies of
computer software, e–mail, security theorems and the Internet and other such networks. An offshoot of this debate has been further calls for
clarification as to the specific nature of intellectual protection of software, an example of which is the EU directive draft on the Patentability of
software and other computer–based inventions. The draft is being discussed in order to unify the interpretation of the national patentability
requirements and despite it being rejected in 2005, the very existence of this draft highlights the complex nature that enshrouds how software is
perceived and subsequently
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25. Ethics Tech Transfer
Hailey BrownEthics: Tech Transfer Prior to the Bayh Dole act in 1980, the federal government was considered the owner of the patents produced by
federally funded research. The Bayh Dole Act allows universities, research institutions and other non profit organizations to claim ownership of the
patent regardless federal funding. Before Bayh Dole, the federal government held 28,000 patents but only a very small percentage of those were
commercialized. In the years following the act many universities took advantage of this new opportunity for intellectual property ownership and
commercialization. Universities updated policies to mandate disclosure of all inventions on campus and created offices of tech transfer. Tech transfer is
defined ... Show more content on Helpwriting.net ...
1998
UChicago Tech, Center for Technology Development and Ventures. http://tech.uchicago.edu/
"Patents versus patenting: implications of intellectual property protection for biological research". Nature Biotechnology 27, 36 – 40
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26. Crisis in Software Patents and Copyrights Essay
Crisis in Software Patents and Copyrights
Introduction
Gaining the knowledge and skills to provide computer technology products, services and software requires a significant amount investment of both
time and money. The individuals who do such a work should receive financial rewards for their efforts. These rewards create an atmosphere of
creativity and competitiveness that becomes a driving force of the economy of the world. The products of this creativity must therefore be protected
and we call it intellectual property. Simply, intellectual property is a product of human intellect that has a commercial value. There are three major
mechanisms that US law offers to protect software intellectual properties. These are trade ... Show more content on Helpwriting.net ...
To summarize, a copyright protects a particular piece of software, and a patent protects the idea embodied in the software.
One weakness of copyright law is that even though it prevents someone from copying the expression of an idea such as a program or screen images, it
does not prohibit from writing code that uses the same idea. In contrast, patent laws protect ideas such as algorithms, functions, systems or techniques
incorporated in the software but not the source code itself. Although it is fair to protect inventors from software piracy and infringement, existing
software patent and copyrights laws already brought ultimate crises in software industries and societies.
This paper will discuss the impacts of several crises involving software patents and copyrights by analyzing the affected stakeholders. The questions
we will try to answer are:
Will software patents laws force to halt programmers?
What if the software copyright laws accomplishes globally?
At the end of each discussion, I will look at the moral issues from theological and deontological ethical perspectives.
Will Software Patent Laws force to halt programmers' creativeness?
27. One of the big issues in software industry is the creativeness of developers are being trapped. How is this true?
Software Patents are increasing exponentially. Figure 1 shows two estimates. One is by Greg Aharonian, a software patent expert, and the other is
based on patent specifications
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28. Netw583 Course Project Essay
NETW583 Course Project Intel Corporation has been great in the past when it had seen success. But of the last couple decade its success has not been
top shape. But to achieve this success they are reaching for they will need an effective deployment strategy within their market, Intel Corporation needs
to implement a technology strategy that will showcase its encompasses ability to involve business groups throughout the planning process, while
maintaining integration of the processes from within things like their corporate planning schedule, Intel's plans should rapidly change within the
market, and staying abreast of the technology curve while simultaneously achieving the largest returns conceivable on every initiative and areas of...
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Intel's technology strategy should be comprised of a concrete strategic plan and processes that are critical to the enduring success and well–being of
Intel's information technology. Furthermore, Intel's method to planning should enable them to be able to meticulously support their IT investments
and solutions. Finally, as this process advances, Intel, should continue to create innovative means to deliver results that are supportive of Intel's
business direction. Section 2 – Core Competencies Intel is the preeminent supplier of semiconductor chips and platforms geared toward the global
digital economy. Intel's strategy involves competition in each relative market segment and the use of core competencies in the design and production
of integrated circuits. Intel is also notable for their financial assets, global existence, and their significant brand recognition. Intel's current principal
component–level product line includes chipsets, flash memory, and microprocessors. Also, Intel Corporation retains, "A set of integrated and
harmonized abilities that distinguish the firm in the marketplace" (Schilling 123). Furthermore, the three applicable tests used to determine a firm's
core competencies, according to Prahalad and Hamel, suggests that
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29. Essay on Sheila Mason and Craig Shepherd
1. What are the most important issues confronting Sheila Mason? Explain you priority of important issues. The most important issue confronting
Sheila is that her previous company, ATS, is claiming she may be in violation of her Employee Noncompetition, Nonsolicitation, Nondisclosure and
Development Agreement that she signed when she was hired by the company. The day after she quit she began officially working for her own
company, which ATS indicates is in direct competition with its own business. Her agreement with her former employer indicates that she cannot be
involved directly or indirectly with another company for a period of one year after leaving ATS that is in competition with ATS. Mason also has
another issue with the... Show more content on Helpwriting.net ...
This was a direct result of Shepherd disclosing information to his boss that revealed his invention. This is by far the most pressing issue for Shepherd
because if he is unable to fully protect his invention from his employer, none of the remaining issues even matter. Nova does not develop any type of
translation engine themselves, however they are in the business of rewriting applications to run on new systems. This demonstrates to Nova that
Shepherd could have used knowledge gained while working at Nova to develop the translation engine. This also brings up the issue of the translation
engine he developed being in direct competition with Nova's current business. Another issue confronting Shepherd is that the software he created, even
though it was development during his own personal time using his own personal machine, it was created while he was currently an employee at Nova.
Disclosing this information to his employer gives them enough justification to claim ownership of that software. As agreed by Shepherd when joining
Nova, they claim all ownership of any ideas or software that Shepherd generates while he is an employee of the company. 3. What is your evaluation
of the non–disclosure agreement (NDA)? Would you sign this as a venture capitalist? Why or why not? The non–disclosure agreement presented by
Mason and Shepherd seeks to safe guard their idea, such
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30. Living Together with Diversity by Valuing Our Differences
Diversity involves recognizing the value of differences, combating discrimination, and promoting inclusiveness. It also understands the powerful
effects that culture plays in everyday life. We as individuals take these assets and use them to the best of our knowledge. Diversity allows us to
learn different aspects of fashion, food, electronics, values and background from different people from the past time to our future. Thus, diversity
and ancient time shows how much the world has change through time it also shows how history repeats itself. People use different culture and
ancient methods in today's society that gives us the tools that we use in everyday routines. These statements acknowledge the facts of Paul Graham's
essay "what you can't say" as correct when he discuss the values of modern society and how taboos and beliefs effect culture inventions all
throughout the globe. All though diversity shares different culture of believes, it also proves that fashion takes a huge impact on it as well. An article
in the New York Times "this old thing is turning heads" explains how a simple dress made in the 30s has become the center of a master piece. The
dress has cap sleeves, v–neck with a cloth belt and two small ferry Bakelite buttons on the side. What stranded out the most was its New York
designing that was printed on the dress that had eyes staring from every angle. "Whoever wore it was an original. So ahead of her time" (stated in the
"this old this is turning
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31. Paragraph 8 Of The U.s. Constitution
Article I, Section 8 of the U.S. Constitution provides the federal government with the power to issue patents and copyrights in order "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" (U.S. Const. art. I, В§ 8). Apatent provides the inventor with an exclusive right to "use, license or sell and invention," (U.S. Const. art. I,
В§ 8), as such the product, service, process or design becomes the personal property of the inventor(s).
The Patent Act of 1793 redefined the subject of a patent that remains in effect today. The Act reads, "That when any person or persons, being a citizen
or citizens of the United States, shall ... Show more content on Helpwriting.net ...
Proponents of patent reform largely focus on the cost of patent infringement litigation to the U.S. economy and companies. While some argue that the
type of patents issued should be limited in order to uphold the intent of Article I, Section 8, others claim that standards for issuing patents should be
strengthened in order to reduce the number of costly patent infringement lawsuits. The cost of litigation and standards for issuing a patent is the focus
of the proceeding text and justification for patent reform in the United States.
Patent Infringement Litigation. Nonpracticing companies are firms that do not create inventions, rather buy patents in order to sell licenses to other
organizations interested in utilizing or commercializing the invention. Nonproducing companies like Bellevue, Washington–based Intellectual
Ventures, argue that licensing of patent rights supports innovation, as they are able to broker access to companies and individuals that have the
capacity to do something with the intellectual property (e.g. develop or apply the technology in the marketplace). Nonproducing companies
aggressively defend their patents by filing patent infringement lawsuits in federal court against companies or groups of companies that that they believe
have infringed on their patents. The focus on litigation is in fact a core component of these firms
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32. Genetically Modified Genes And Cells
The defendant Monsanto owned a patent for Roundup Ready Canola, which contained genetically modified genes and cells. This product was
resistant to the herbicide Roundup, which would kill all other plants. Monsanto issued licenses for the use of Roundup. Schmeiser, a farmer, never
purchased Roundup Ready Canola nor did he have a license to plant it, yet in 1998 his fields contained 95–98% Roundup Ready plants. The issue
before the court was the patent's validity. Since all parties agreed that the patent was valid for the gene, the process of insertion and the cell derived
from the process, the question was whether the patent covered the plant that is generated from the patented cell. According to the majority
"infringement does not require use of the gene or cell in isolation" and there is infringement if the "patented invention is a significant aspect of the
defendant 's activity". Also in question was if Schmeiser "used" the patented gene or cell thus infringing the patent? The defendant was found to
infringe the Patent by depriving the inventor of the full enjoyment of the monopoly conferred by law, by planting and celling the seed without buying
or paying the licensing fee of the plant. In a 5–4 decision, the court ruled that genes and the cells that contain them can be patented. The court therefore
ruled that the patent protection extended to the plant and that Schmeiser's activity infringed the patent, and Schmeiser was ordered to pay the profits
made from those
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33. M23 Law for Licenced Premises
M23 Law for Licensed Premises| Task 1: Manager's Guide to Licensing Legislation| Due Date: 25/03/13 Aleesha Wright I.D: 26474 Tutor: Pavel
Pleskot Term 2| Contents * Different Types of Licences * Off–Licence * On–Licence * Club * Special Locations * Events * Differences between
Personal licence and Premises Licence UK/NZ * DPS – (Designated Premises Supervisor) * Procedures for Licence applications UK/NZ * Usability of
guidelines on the conduct of licenced premises for use of staff * Policy for legislation in relation to alcohol measures/ weights Hospitality Managers
Guide to Licencing Legislation... Show more content on Helpwriting.net ...
UK Licence Personal Licences Before you can apply for a Personal Licence to sell/supply alcohol, you will need to have passed the Award for
Personal Licence Holders (APLH) examination. This used to be called the National Certificate for Personal Licence Holders (NCPLH) and it
changed its name in April 2011. Under the Licensing Act 2003, local councils (district or unitary) regulate four 'licensable activities': * the sale of
alcohol * the supply of alcohol (ie, in a members' club) * the provision of regulated entertainment * the provision of late night refreshment (ie, after
11pm) Licensing authorities must carry out their functions with a view to promoting four statutory licensing objectives: * prevention of crime and
disorder * prevention of public nuisance * public safety * protection of children from harm There are three different kinds of authorisation under
which licensable activities can be provided: * premises licence: to use a premises for licensable activities, subject to conditions on the licence * club
premises certificate: to allow a members' club (working men's club/political club) to engage in qualifying club activities, subject to conditions on the
certificate * temporary event notices
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34. The Intellectual Property Case Study
Intellectual Property Case Study
1)Introduction:
Trademark : A trademark is a recognizable insignia, phrase or other symbol that denotes a specific product or service and legally differentiates it
from all other products. It also serves to exclusively identify a product or service with a specific company, and is a recognition of that company 's
ownership of the brand. Trademarked products are generally considered a form of property. Most countries have agencies through which businesses can
have their products trademarked. One of the main purposes of having a product trademarked is to protect the product from being used without
permission of the source company. Most countries have patent laws which are designed to protect against copyright infringement. International
copyright regulation is much more complicated, as there exists no universally recognized patent office.
Patent : A patent is a government license that gives the holder exclusive rights to a process, design or new invention for a designated period of time.
Applications for patents are usually handled by a government agency. You can use a patent to protect your invention. It gives you the right to take legal
action against anyone who makes, uses, sells or imports it without your permission.
To be granted a patent, your invention must be all of the following:
Something that can be made or used
New
Inventive – not just a simple modification to something that already exists
You can't patent certain types of
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35. The Right Of The Inventors With The Rights Of A Public
a)The patent system attempts to balance "the right of the inventors with the rights of the public." (A.Brewer) The purpose of this was to encourage
scientific progress while rewarding inventors the ownership of their ideas for a period of time and the right of the public to use these ideas to create
new inventions. An example of this is the HIV medication. Recently the CEO of Turing Martin Shkreli, decided to increase the price of their life
saving pill from $13.50 to $750 to recuperate costs of research and development. Due to the patent filed that prevents competitors from replicating the
drug, Mr. Shkreli was able to do this. However this large price hike has eft his competitor scrambling to find an equally comparable drug now that...
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The America Invents Act has shifted the power of intellectual property towards large companies who have the ability to file provisional patents before
individual inventors or smaller companies can file.
d)The obviousness contention of patents takes four primary concepts into consideration after Graham et al. v. John Deere Co.: 1) the scope of the
prior art, 2) the level of ordinary skill in the art, 3) differences between the new inventions and prior art, 4)Evidence of not being obvious. These
contentions of obviousness have since been expanded by KSR v. Teleflex. This introduced the idea of a person having ordinary skills in the arts.
Subsequently this shifted the litmus test to if a person with ordinary skill in the arts are given the elements of the invention would they be able to
replicate the invention without any help.
e)Provisional patents provide a party the ability to "file" first and allow the inventor a year to develop the provisional patent to convert it to either a
utility, plant or design patent. The content is never disclosed which allows another parties to file on the same content without the first parties
knowledge. The provisional patents must detail the design of the invention and cannot simply be an idea.
6.Abiomedпѓ’ Inc. used the HUD/HED FDA pathway to gain marketing approval for its AbioCorпѓ’artificial heart system. Thinking about the highly
invasive nature and the
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36. Genetic Discoveries And Intellectual Property Rights
Genetic Discoveries and Intellectual Property Rights
As technology has change, grown, and evolve so has the application of the Canadian Patent Act. Which before was used to deal with inventions that
could be shown with prototypes, the Act is now being used to protect more abstract innovations, such genetic material.
Patents cover new inventions such as process, machine, manufacture, composition of matter, or any new and useful improvement to an existing
invention . Patents represent a contract between an inventor and society. By granting 20 years market exclusivity, patents create the potential for
inventors to generate high monetary returns on their successful innovations and discoveries. In exchange, the inventor provides a complete ... Show
more content on Helpwriting.net ...
In order for any discovery or new invention to be patentable, as stated by the Canadian Intellectual Property office "the invention/discovery must show
novelty, utility, and ingenuity. Novelty: you must be the original inventor or the person who discovered what you are trying topatent. Utility: a valid
patent cannot be obtained for something that does not work, or that has no useful function. Ingenuity: To be patentable, your invention/discovery must
be a development or an improvement of an existing technology that would not have been obvious beforehand to a person of ordinary skill in the
technology involved."
Gene Patenting in Canada
Patents are necessary for technology to flourish. They provide an economic incentive to take the initial costs of researching and developing of new
inventions and discoveries, which later on benefit and advance society. Without the protection of patents, as soon as a product enters the market,
competitors would be able to copy and manufacture and sell the product directly without having to take the initial costs, that others have, which risks
putting a stop to the creation and development of new discoveries that continue to benefit society.
In Canada, gene patents are subject to the Canadian Patent Act. Which intends to "stimulate the creation and development of new technologies". A
patent lasts 20 years and gives its holder the exclusive right and liberty of making, manufacturing and using the invention and selling it to
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37. How Can Scientist Patent Life?
How can scientist patent life? The truth is that over 4,300 human genes were patented by biotechnology companies until June of 2013. This ethical
matter was brought to the Supreme Court's attention and their decision brought both victory and sorrow and failed to provide clear guidance on this
subject. Gene patents have both positive and negative effects on patients, community, scientists, and medical progress. Gene patents aren't only about
the rights of patients, but also about scientific freedom, and advancement in medical research. The question remains: "Is it ethical to patent genes?"
What is gene patenting? "A gene patent is the exclusive rights to a specific sequence of DNA (a gene) given by a government to the individual, ... Show
more content on Helpwriting.net ...
In 1984, these cells named after Moore as "Mo" were patented by University of California Medical Center. After Moore, had found out about his cell
being patented, he filed a lawsuit for a fair share of profits with the organization that patented his cell. In 1991, the U.S. Supreme Court had ruled
against Moore stating that "a hospital patient does not own rights to tissues taken from his body, even if they prove valuable to scientists" (McLellan).
There are many other cases like Henrietta Lacks' and John Moore's when their cells were used without their knowledge or consent.
One of the important positive effects of patenting genes is that they lead to advancement in medical research. There are many reasons why companies
should patent genes. By patenting genes companies will be motivated to continue their research for new DNA sequences which means that new
treatments and new vaccines will be created. Therefore, it also creates a competition between biotech companies and medical centers. Patenting genes
develops a private industry in the medical field. The scientist that discovered specific types of genes could protect their rights. The private industry
would increase medical research since their findings would be protected. Private companies would create a huge profit from the patented genes. It will
later lead to great advancement in the medical field because companies can use their profits toward
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38. Case Analysis : ' Utility Patent Law ' Essay
Utility Patent
Xinyu.Zhang (Sirie)
IT266
12/12/2016
Utility Patent
Utility patent is the most well–known patent. It is belong to the protection of intellectual property. However, applying to it is a big challenge foe both
money and time. Utility model is easier to apply, but it isn't recognized in the U.S. Because of the patent law is enacted by the country, so different
countries have their own explanations. This paper will focuses on the U.S, Chinese patent law. What is patent? Patent is one way to protect intellectual
property. The other ways that can protect intellectual property are through copyright and trade secret laws. These three laws protect distinct subjects.
Copyright will protect the work with authors, such as arts or books. Trade secret will protect an organization's important information that are unknown
by the public. Patent will protect inventions and it's certificated by United States Patent and Trademark Office (USPTO). Once the organization or the
person has the patent, the patent's owner will have the monopoly for this subject and can sue the others "patent infringement" if they use or sell the
invention without owner's permission. Even if someone is using the invention without previous known about the owner's invention, it's also not legal.
Different patents have the different valid statutory period. After it's expired, the patent owner need to pay for the maintain fee in order to keep the
patent. And the U.S patent is
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39. What Makes A Biological Patent?
ATENTING ORGANISM
"A biological patent is a patent on an invention in the field of biology that by law allows the patent holder to exclude others from making, using,
selling, or importing the protected invention for a limited period of time. The scope and reach of biological patents vary among jurisdictions, and may
include biological technology and products, genetically modified organisms and genetic material. The applicability of patents to substances and
processes wholly or partially natural in origin is a subject of debate."
This is how Wikipedia explains what a biological patent is. What is doesn't say is that when this refers to a gene, this actually came from a living
organism and was created by nature (God from the beginning), yet when is patented, it becomes a human invention. What an irony!
The advances in technology in the biology field has been huge in the last ten years or so, which have aloud doctors and scientist to manipulate nature,
analyze it, change it and make it behave as we wanted and needed. These advances have also allowed to create and to be able to fight diseases that go
from none–deathly to deathly and extreme. For most of the diseases known in the world, doctors and scientist have found a cure or treatment, but there
are quite a few still that we know little about, don't know where they started, how they started, how to treat it, cure it, or stop it completely for that
matter.
Now a days, almost anything can be patent but it is important to
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40. A Research Study On Patenting Genes Of Organism
Patenting Genes of Organism
The advancement of technology has lead to many scientists conducting more experiments with gene modification. This has lead to scientists to
isolate certain genes that may cause a certain disease, thus modified genes may change the organism in a particular way. It may help farmers with
crop cultivation and reduce crop infestation. It may also help farmers to be able to cultivated crops or keep animals that are prawn to drought
resistance. Before, I go in details explain the importance of why businesses that develop modified organisms should be able to preserve their property
rights by patenting such organisms or why such organism should not be patentable. I would like to briefly explain the history of patenting. For over
two hundred years living organisms have been excluded from patent laws; life forms were considered a "product of nature" and not a human invention.
"The non–patentable status of living organisms changed with the 1980 landmark Supreme Court case Diamond v. Chakrabarty," (W3 Unisa, 2005).
The court decided in a narrow 5–4 decision that a strain of bacteria that had been modified by the insertion of new genes was patentable because it
was not naturally occurring. The foreign genes gave the bacteria the ability to break down hydrocarbons, and its "inventors" hoped it might be useful
for cleaning up oil spills. Historically, patents were initially developed to insure and protect inventors and to make sure that they could benefit
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41. Intellectual Property Essay
Intellectual property are the legal rights (control and ownership) of creations, such as ideas; inventions; designs, etc. for the use in commerce
(Bainbridge, 2012). Intellectual law in countries seeks to deter individuals or organizations from copying or capitalizing upon another's work. The main
areas protected by protect intellectual property law include: patent, copyright, trademark, and trade secret. Intellectual Property can be categorized under
the following:
MonopolyRight to prevent copying De Facto Monopoly Contractual
PatentsUnregistered Trade MarksTrade Secrets Confidential Information
Registered Trade Marks Unregistered Designs Know–How Registered DesignCopyright
This essay focuses on Patents, ... Show more content on Helpwriting.net ...
On the other hand, Patents could be expensive and there is no guarantee of a grant but most important is that the secrecy that comes with patents does
not necessarily equate to a better product or a good business idea for the product. This is a decision the inventor must take into account.
There is also a need to have a design protection system. The fundamental idea being that design protection encourages novel design and prevents rapid
growth of identical designs because producers are blocked from copying. Visual appeal is a key factor in influencing the decision of buyers. It makes
sense even more when the products serve the same function, the design of a product could potentially sway consumers, and therefore aesthetics are
important (WIPO, 2004).
The main idea being that everyone needs to come up with their own design. There are two kinds of design rights:
a.Unregistered Design Right: is one where you do not have to apply to protect the product. It covers only 3D items because it protects the shape and
configuration of the item and the right lasts from 10 –15 years. An interesting clause with the unregistered design, is that the license can be granted to
other parties in the last five years. It also leaves room for an agreement on costs can be reached with the other party and the original producer of the
item.
b.Registered Design: must be applied for at some cost. It focuses on
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42. Assignment of Business Law Essay
Business law| CASE STUDY ONSESAMWARE| | | | |
SUBMITTED BY:Randeep SinghVarinder GillLovedeep Singh|
CASE STUDY
History
Sesamware is a Japanese software company which is very popular for open source software. Sesamware got international approval with an online
multiplayer fantasy dimension game, Para World in mid–1990. Para world was very popular in the world between 2001 and 2004. Firstly, it was
installed as part of the bundle downloaded by hundreds of millions of gamers around the globe. The open source code helped to easily adapt every
facet of computer life for all platforms and operating, networking, navigation and security systems. Question (1)
A patent is a form of intellectual property. It consists of a ... Show more content on Helpwriting.net ...
There is just a one person who sells products or services and there are no incentives which help to break this monopoly. There are many monopoly
industries in the market. In monopoly, they use patents because they don't like if someone's copy their inventions.
Adversely effects on international market and trade
The first price for game software was $US5.99 and it was unchanged. Low fee made it impossible for the majority of software companies to compete
and most of the competitors were either bought by SesamWare or went out of business within three years. SesamWare was once again at the center of
an international lawsuit, this time for subverting free market competition.
Question (3) There is Competition Law which governing the Sesame's behavior is the law that promotes and maintains market competition by
regulating anti–competitive conduct by companies. To enforce this law globally, it should be regulate by W.T.O and ICC.
Competitions laws can be enforced globally through these organizations are:
World Trade Organization(WTO):– WTO is an international agency which is helping the nation members to provide barriers free trade and settle the
disputes those are arise between nations while trading. It ensures the smooth and fair business activities between different countries. It was generated
from GATT.
International Chamber of commerce (ICC):– Commission on Competition
The ICC commission on competition ensures