Good Example Of A Research On Ethics And Intellectual Property Essay

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An example of a case that relates to intellectual property is the suing case of Apple against Samsung, the component supplier of Apple. Samsung, the Korean magnate, produces the several chunks of Apple’s products from solid state drive for Macbook to processors for Ipod touch, iPhone, iPad and Apple TV. Apparently, Samsung caused infringement to the patent of Apple and appeared to willfully imitate some of the designs of Apple’s popular product such as the iPad tablet and iPhone . California’s federal grand jury granted Apple the verdict mandating Samsung, who abused and ethically damaged its agreement with the company, to pay the company at least one billion in damage. This payment, according to the jury, is for breach of trade dress where Samsung copied Apple’s hardware and software as well as the packaging of its product. In terms of hardware and software trade dress, Samsung seemingly imitate Apple’s rectangular product shape with rounded corners, metallic framing, display of bottom row icons and black borders. Also, Apple called for unfair and unethical practice of business under the professional code and California Business. Samsung also ravaged the federal trademark where it copied Apple’s iOS contacts icon, notes application icon, photos application icon, messaging icon as well setting application icon. Based on the decision of the juries, Apple requested that Samsung should discontinue and ban the company from selling eight of its product that replicates the image of Apple .
In any business size, it is imperative that there is legally appropriate protection for intellectual property (IP). These rights of protecting the IP cover logo and name, industrial plan rights, trade secrets, patents, trade dress or trademarks. In a layman’s term, safeguarding one’s intellectual property allows an individual or a business to guard their concepts and ideas. Keeping these ideas, without anybody stealing or intruding on it, promotes further innovation. There is a continuous encouragement among businesses and innovators to continue research, exploration and development if any there is a legal protection of one’s designs and concepts. On an equal manner, there is an appropriate suitable compensation for any invention made as well as known vitality on the culture of a business or the individual. Furthermore, acquiring an intellectual property protection provides a business the competitive advantage it needs against its competitors. These rights are solid foundation for a company’s branding and marketing stint. In the long run, if the company achieves and goes beyond its return of investment, selling is an option for the organization for an equivalent income stream.
Intellectual property is one the most valuable assets of an organization. A fundamental strategy of protecting an IP is not to discuss or talk about the idea or concept with the public especially if steps to secure it are not yet taking place. A business has to identify the ideas that require protection. Once determined, the first move that a company should perform is to register its IP. Registration of IP comes in many forms. These forms can appear as confidential trade secrets, copyright, registered or catalogued designs, trademarks, rights for plant breeders or rights for circuit layout. It is critical that a business or an individual is literate about these procedures. If deemed necessary, a business may opt to avail the service of an attorney who has an expertise in intellectual property. Within the company, it is critical to implement a non-disclosure agreement that covers sales contracts, transfer of technology, licenses or even employee agreement. Ensure that every detail about the company’s concept and new found innovation has its suitable descriptions, general records and plans. It is essential that company logos, designs and company name goes through original trademark. Securing and keeping an extraordinary trademark make a company stands out for the rest of the market competition. In protecting one’s intellectual property, there will always remain the question on how to balance the interest of the content producer and the public good. It is also important a business or an individual acquire a patent for any inventions, work or machine developed. Such patent comes in the form utility patents, plant patents or design patents. Utility patents apply to machines or any matter that provides beneficial improvement. On the other hand, design patents apply to new, ornamental and original designs, whereas plant patents refer to new discoveries concerning a plant.
There were attempts made public to consider delineate the protection of both the producer and the public. Different government’s initiative to balance the private profit and the public good through a defined system of copyrights and patent that commenced since the invention of printing press and managed by the World Intellectual Property Organization. From the perspective of the promotion and development of public health, WTO instituted an open trading system. Tim Berners-Lee did not place a patent through his discovery of the web as he did not agree that any company should dominate and possess the knowledge that runs through his discovery . The implementation of intellectual property rights can go far as the entire world, event with the less developed countries. Such activity is the continuous advocate of the World Intellectual Property Organization (WIPO), that is, to promote protection and safeguarding of intellectual property throughout the world. This organization is responsible for providing campaigns to improve and disseminate information with regard to IP globally and synchronize national rules in the field. In case there are conflicts, WIPO spearheads the settlement of IP disagreements among involved parties .

Works Cited

Knudson, Y. (2012, August 25). Apple versus Samsung: Copy That. Retrieved from The Economist: http://www.economist.com/blogs/schumpeter/2012/08/apple-versus-samsung
Latif, A., & Roffe, P. (2013, June 14). Inside Views: To What Extent Can Global IP Rules Be Responsive To Public Interest Demands? Retrieved from Intellectual Property Watch: http://www.ip-watch.org/2013/06/14/can-global-ip-rules-be-responsive-to-public-interest-demands-the-case-of-the-treaty-for-the-visually-impaired/
Shaughnessy, H. (2013, July 21). The Apple, Samsung Conflict Will Get Even More Absurd Before It Gets Better. Retrieved from Forbes: http://www.forbes.com/sites/haydnshaughnessy/2013/07/21/the-apple-samsung-conflict-to-get-even-more-absurd-before-it-gets-better/
Time Higher Education. (2001, March 23). If its for the public good, shouldn't the public pay? Retrieved from http://www.timeshighereducation.co.uk/features/if-its-for-the-public-good-shouldnt-the-public-pay/158339.article