Business Law Assignment 3

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Assessment 3

Overview

Write a 2-page analysis of a selected federal or state court case pertaining to the topic of intellectual property.

Context

Why Intellectual Property Matters

Intellectual property rights issues are a growing concern in the global marketplace. Differing cultural interpretations of the concept of intellectual property have caused conflict between organizations in different nations. There is an increase in international litigation concerning intellectual property rights infringement. Primarily, lawsuits are being brought by multinational corporations based in the United States and Western European nations against organizations in developing nations such as China, India, and Vietnam. Indeed, violations of intellectual property rights have become a critical and debilitating sticking point between Washington and Beijing. In the U.S., intellectual property rights protect the economic and intellectual investment that entrepreneurs make in a product or service, and without these protections the marketplace would grind to a halt.

The copying of Microsoft software in China is the most egregious example of infringement upon intellectual property rights, but the problem goes far beyond that. From those who copy the latest hit CDs to manufacturers producing fake Louis Vuitton handbags, and even the nearly identical creation of automobiles copied from General Motors cars in China, one thing is certain: each example inextricably leads to an important conversation about what rights are important, how they should be protected in an international context, and what powers governments should have to enforce intellectual property rights.

The focus of this assessment is necessarily upon the United States, where intellectual property is considered a cornerstone of the business environment. The federal government and state and federal courts have crafted a vast array of resources and protections for entrepreneurs regarding their ideas, products, and services. The proliferation of small businesses and the dominance of Silicon Valley in the high-tech field are all testament to the protections that have been afforded businesspeople who are seeking to create new ideas or to further innovative technologies. It is also important to consider the ramifications for businesses that seek to do business overseas, where intellectual property rights may not be as strong or as stringently enforced as they are in more developed nations.

Read the Assessment 3 Context document for important information related to the following additional topics:

· Employment-at-Will in the United States.

· Combating Employment Discrimination.

Assessment Instructions

Research federal and state court cases pertaining to the topic of intellectual property. Select one court case and write an analysis that addresses the following:

1. Articulate the importance, context, purpose, and relevance of law in a business environment:

· Identify the parties who are before the court.

· Provide a brief background to problem. Summarize the facts in no more than 2–3 paragraphs.

· Identify the specific disagreement between the parties.

· Explain the ruling of the court in no more than 1–2 paragraphs.

2. Evaluate key judicial concepts that influence the decisions related to business:

· Was there a dissenting opinion? If so, explain why some of the judges or justices disagreed with the majority in the decision.

· Do you agree with the court's decision? Why or why not?

Your analysis should be no more than two double-spaced pages in length. References and citations should adhere to APA formatting and style guidelines.

Assess

ment 3

Overview

Write a 2

-

page analysis of a selected federal or state court case pertaining to the topic of

intellectual propert

y

.

Context

Why Intellectual Property Matters

Intellectual property rights issues are a growing concern in the global marketplace. Differing

cultural interpretations of the concept of intellectual property have caused conflict between

organizations in different nations. There is an increase in interna

tional litigation concerning

intellectual property rights infringement. Primarily, lawsuits are being brought by multinational

corporations based in the United States and Western European nations against organizations in

developing nations such as China, I

ndia, and Vietnam. Indeed, violations of intellectual property

rights have become a critical and debilitating sticking point between Washington and Beijing. In

the U.S., intellectual property rights protect the economic and intellectual investment that

ent

repreneurs make in a product or service, and without these protections the marketplace

would grind to a halt.

The copying of Microsoft software in China is the most egregious example of infringement upon

intellectual property rights, but the problem goes far beyond that. From those who copy the

latest hit CDs to manufacturers producing fake Louis Vuitton ha

ndbags, and even the nearly

identical creation of automobiles copied from General Motors cars in China, one thing is

certain: each example inextricably leads to an important conversation about what rights are

important, how they should be protected in an i

nternational context, and what powers

governments should have to enforce intellectual property rights.

The focus of this assessment is necessarily upon the United States, where intellectual property

is considered a cornerstone of the business environment.

The federal government and state

and federal courts have crafted a vast array of resources and protections for entrepreneurs

regarding their ideas, products, and services. The proliferation of small businesses and the

dominance of Silicon Valley in the hig

h

-

tech field are all testament to the protections that have

been afforded businesspeople who are seeking to create new ideas or to further innovative

technologies. It is also important to consider the ramifications for businesses that seek to do

business o

verseas, where intellectual property rights may not be as strong or as stringently

enforced as they are in more developed nations.

Read the

Assessment

3

Context

document for important information related to the following

additional topics:

Assessment 3

Overview

Write a 2-page analysis of a selected federal or state court case pertaining to the topic of

intellectual property.

Context

Why Intellectual Property Matters

Intellectual property rights issues are a growing concern in the global marketplace. Differing

cultural interpretations of the concept of intellectual property have caused conflict between

organizations in different nations. There is an increase in international litigation concerning

intellectual property rights infringement. Primarily, lawsuits are being brought by multinational

corporations based in the United States and Western European nations against organizations in

developing nations such as China, India, and Vietnam. Indeed, violations of intellectual property

rights have become a critical and debilitating sticking point between Washington and Beijing. In

the U.S., intellectual property rights protect the economic and intellectual investment that

entrepreneurs make in a product or service, and without these protections the marketplace

would grind to a halt.

The copying of Microsoft software in China is the most egregious example of infringement upon

intellectual property rights, but the problem goes far beyond that. From those who copy the

latest hit CDs to manufacturers producing fake Louis Vuitton handbags, and even the nearly

identical creation of automobiles copied from General Motors cars in China, one thing is

certain: each example inextricably leads to an important conversation about what rights are

important, how they should be protected in an international context, and what powers

governments should have to enforce intellectual property rights.

The focus of this assessment is necessarily upon the United States, where intellectual property

is considered a cornerstone of the business environment. The federal government and state

and federal courts have crafted a vast array of resources and protections for entrepreneurs

regarding their ideas, products, and services. The proliferation of small businesses and the

dominance of Silicon Valley in the high-tech field are all testament to the protections that have

been afforded businesspeople who are seeking to create new ideas or to further innovative

technologies. It is also important to consider the ramifications for businesses that seek to do

business overseas, where intellectual property rights may not be as strong or as stringently

enforced as they are in more developed nations.

Read the Assessment 3 Context document for important information related to the following

additional topics: