Quan and Chesbrough (2010) support this argument, noting that companies have been forced to take "dramatic action" to protect their intellectual property when entering China. These actions have included keeping critical intellectual property out of the hands of Chinese partners, or making the intellectual property in question so complex that it cannot be easily replicated (Keupp, Beckenbauer and Gassmann, 2009)
When China joined the World Trade Organization in 2001 it needed to make some changes to its regime to bring it in line with international standards. In 2007, the United States initiated dispute settlement proceedings at the WTO over deficiencies in China's intellectual property rights protection regime (Kshetri, 2009)
Sepetys and Cox (2009) argue that China "has been moving its intellectual property rights regime closer to those found in many more developed nations." As a result of having more comprehensive laws and an increased attention to enforcement, there has been an increase in the number of intellectual property rights cases brought before the courts in China (Sepetys & Cox, 2009)
At present, however, China has shown little interest in taking a leadership role, and instead still has a patchwork of national and regional statutes to govern intellectual property rights protection. This patchwork is complex to the point where it is difficult for Chinese businesses to understand, much less foreigners (Yao & Rao, 2009)
It has recently been involved in, "promoting the use of intellectual property rights (IPRs) throughout the global system as the best way to support economic development. (May, 2007, p
The federal government has made trademark and copyright infringement a priority. (Newman, Cai & Heugstenberg, 2007, p
These different interpretations lie at the core of the confusion and the controversies over what is and what is not within this domain. The first, is intellectual property properly property at all (Smith 20007)? The legal definition of property can cover anything from perceptible objects like land, houses, cars, motorbikes, etc
One of the most interesting paradoxes is that such a complex subject full of legalese and conundrum could be attracting so much public attention recently. But now that intellectual property has risen in value to billions of dollars in some instances, the public is sitting up and taking notice (Vaidhyanathan, 2005)
One of the biggest problems is that large companies often refused to publicize their involvement when someone has hacked into their system. By revealing that their systems have been compromised a company may subject itself to a loss of consumer confidence and potentially loose many clients, depending on the product or service they offer, not to mention potential lawsuits (Yang & Hoffstadt, 2006)
Historically, the FTC redefined its degree in its Policy Statement on Unfairness. After much debate with respect to the extent of the FTC, the FTC Act Amendments of 1994 made some significant changes to certain key terms (Cheeseman, 2010)
This acknowledgement can also cause issues when the line between deception and exaggeration is not clearly identified. A few advertisers might consider that their advertisements are not tricky, but only misrepresentations or subjective representations (Dukes, 2006)
In such scenarios, the FTC characterizes unfairness to include immoral, exploitative, abusive, or unscrupulous behaviors. Such a general definition creates excessively broadened measure of authority (Palmer, 2010)
With the existence of a defined goal, it must not succumb to self-centeredness or want-reward situations. While practicing sympathy, is important to put itself in the shoes of Colberian whilst acknowledging that everyone deserves good things (Keillor & Wilkinson, 2011)
Working within the court frameworks, magistrates of the FTC hear cases with respect to violations of the FTC Act. The FTC is also answerable for making guidelines intended to counsel advertisers on reasonable advertising practices (Weiss, 2009)
During the 2003 case of Victor's Little Secret vs. Victoria's Secret, Victoria's Secret was forced to prove that the trademark had been diluted causing a monetary loss (Moseley, dba Victor's Little Secret v
Samantha Lundberg, formerly Samantha Bucks can also attest to the fact that a personal name does not guarantee trademark ownership. Sued by Starbucks for trademark infringement for naming her coffee shop Sambucks, the judge ruled that she must eliminate the word Buck's from her business name (Stossel & Goldberg, 2005)
As the legislation currently in place clearly favors the ideals of proprietary economies, it represents a core social conflict with widespread implications. (Chengsi, 1) There is a direct impact of globalization which TRIPS is essentially designed to prevent
However, we should resist the understandable tendency to reach for a quick, technocratic set of Procrustean tools that assume away the 'messiness of the world' and make it seem that concepts such as 'sovereignty' and 'property' should be, are, or always have been, particularly stable constructs." (Nayyer, p
If the United States is the culture Empire, this Empire is maintained largely through the global copyright regime's ensuring that all players in the culture industry comply with it rules." (Pang, 11) Response: In sum, the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) is aimed at imposing stronger regulatory means to supporting the protection of patents and of intellectual property, operating under the premise that this will help to stimulate innovation, profitability and self-sufficiency in developing countries
It has worked proactively through the association to promote awareness with Members of Parliament to help increase legislative enforcement of counterfeiting and intellectual property crimes and has previously presented to the House of Commons Standing Committee on Industry, Science and Technology." (Toderian, p