Reference no: EM131164751
Assessment - Write a 2-page analysis of a selected federal or state court case pertaining to the topic of intellectual property.
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 Context document for important information related to the following additional topics:
- Employment-at-Will in the United States.
- Combating Employment Discrimination.
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.