Deliverable 4 - Intellectual Property Flowchart

ashley.sant4

ASantiagoRuiz_Deliverable4_09252020.docx

Home >Business & Finance homework help >Management homework help >Deliverable 4 - Intellectual Property Flowchart

Deliverable 4- Intellectual Property Flowchart

Ashley Santiago Ruiz

Rasmussen College

BUL4060CBE#: Business Law and Ethical Behavior

Melinda Whitman

September 25, 2020

Deliverable 4- Intellectual Property Flowchart

Intellectual Property Rights

Process

1. File an application with US patent and trademark office

2. The examination of patent application

3. Responding to the examiner’s objections or rejections

4. Patent grant

Trade Secrets

Trademarks

Patents

Maintenance

· Design patents last for 14 years

· Pay maintenance fee to USPTO

Maintenance

· A Florida trademark lasts for 5years

· It must be renewed in the six months prior to expiration

· The user should declare use and incontestability with USPTO between the 5th and 6th year

· The user should declare use and application for renewal between the 9th and 10th year.

Process

1. Augment non-disclosure agreements

2. Control physical and electronic access

3. Identify, assess, and implement risk management measures

4. Create supply chain procedures and plans

5. Conduct employee and vendor training

6. Assemble a trade secret SWAT team

7. Undertake continual improvement

8. Prioritize trade secret protection

Process

1. Select a mark

2. Identify the mark format

3. Identify the goods/services

4. Search the databases for uniqueness

5. Know the basis for filing (Denicolai et al., 2019)

Maintenance

· Constantly identify which information furnished to a state agency should be excluded from public disclosure (Bradford & Jaffre, 2019).

Digital Era’s Impact on Intellectual Property Rights

· Ease of conducting trademark searches

· Difficulty in maintain trade secrets due to potential for interception (Basso & Vianna, 2003).

· Simplified application and renewal processes

References

Basso, M. J., & Vianna, A. C. (2003). Intellectual Property Rights and the Digital Era: Argentina and Brazil. The University of Miami Inter-American Law Review, 34(2), 277-314. Comment by Rita Kane: Referencing is incomplete per APA which hinders verification.There should be sources for USPTO, and international IP agencies/regulations such as: WIPO, WTO, TRIPS Agreement, Berne Convention, Madrid Protocol, and US CBP.

Bradford, B., & Jaffre, R. (2019). The Uncertain Protection of" Derivative" Trade Secrets, 18 J. Marshall Rev. Intell. Prop. L. 241 (2019). The John Marshall Review of Intellectual Property Law, 18(3), 1.

Denicolai, S., Hagen, B., Zucchella, A., & Dudinskaya, E. C. (2019). When less family is more: Trademark acquisition, family ownership, and internationalization. International Business Review, 28(2), 238-251.

Ashley,

Please access the attached, graded flowchart for more detailed feedback.

This is a great start. Good job on formatting. Identification of IP types and application is comprehensive. Referencing is incomplete and in-text citations are needed for all areas. You omitted international laws and regulations and failed to summarize the flowchart. Otherwise, good work.

Grading Rubric

F	F	C	B	A
0	1	2	3	4
Did not Submit	No Pass	Competence	Proficiency	Mastery
Not Submitted	Used unclear verbiage about the different intellectual property opportunities available to the company (such as registering trademarks, trade secrets, and patents) and the process a company needs to undertake to secure its rights to those assets.	Adequately identified different intellectual property opportunities available to the company (such as registering trademarks, trade secrets, and patents) and the process a company needs to undertake to secure its rights to those assets.	Clearly identified different intellectual property opportunities available to the company (such as registering trademarks, trade secrets, and patents) and the process a company needs to undertake to secure its rights to those assets.	Comprehensively identified different intellectual property opportunities available to the company (such as registering trademarks, trade secrets, and patents) and the process a company needs to undertake to secure its rights to those assets in the well-crafted flowchart.
Not Submitted	Used unclear verbiage about the requirements to maintain intellectual property protections (such as renewal efforts) under federal, state (using student’s state of residence regulations) and international laws, and other practical measures the company should undertake to protect their intellectual property rights.	Adequately determined the requirements to maintain intellectual property protections (such as renewal efforts) under federal, state (using student’s state of residence regulations) and international laws, and other practical measures the company should undertake to protect their intellectual property rights.	Clearly determined the requirements to maintain intellectual property protections (such as renewal efforts) under federal, state (using student’s state of residence regulations) and international laws, and other practical measures the company should undertake to protect their intellectual property rights.	Comprehensively determined the requirements to maintain intellectual property protections (such as renewal efforts) under federal, state (using student’s state of residence regulations) and international laws, and other practical measures the company should undertake to protect their intellectual property rights in the well-crafted flowchart.
Not Submitted	Used unclear verbiage about the flowchart with an assessment of the impact of the digital era on intellectual property rights that the company needs to consider.	Adequately summarized the flowchart with an assessment of the impact of the digital era on intellectual property rights that the company needs to consider.	Clearly summarized the flowchart with an assessment of the impact of the digital era on intellectual property rights that the company needs to consider.	Comprehensively summarized the flowchart with an assessment of the impact of the digital era on intellectual property rights that the company needs to consider in the well-crafted flowchart.
Not Submitted	Failed to use or attribute credible sources in the flowchart.	Used and attributed some credible sources in the flowchart.	Used and attributed mostly credible sources in the flowchart.	Used and attributed all credible sources in the well-crafted flowchart.