And New Zealand. Foods and drugs association regulate this marketing approach, but research shows that the rules are too relaxed and inadequately enforced (Ventola, 2011)
Building a strong brand name is essential for all forms of organizations. From a strong brand name, equity flows, customer loyalty and increase in profits (Keller, 2000)
So, every state has legislation, most of which are patterned after Sherman and Clayton, that handle these types of cases within the state. The offenses that are primarily considered in antitrust cases are price fixing, rigging bids, patent pooling and mergers (Anthony)
Anne Bingaman, an Assistant Attorney General (in the antitrust division) during the Clinton Administration, explains this well in a speech presented at the Federal Circuit Judicial Conference in 1994. She first says that "The various intellectual property regimes reward innovation by giving rights to creators to exclude others from using their inventions or the expression of their ideas without compensation" (Bingaman)
In Eastman Kodak v. Image Technical Service, two courts decided the case giving opposite verdicts, the second because of the relative size of Kodak (Bowen)
Also, the federal government will adjudicate the case when it concerns all citizens within the borders of the United States. That is why AT&T, and others that are broad in scope like that are seen as federal court cases (Cannon)
"The First Amendment decrees a system of intellectual laissez faire in which ideas compete for influence and acceptance. And the whole structure supports and regulates an economy premised on open competition" (Demuth)
The idea of the founders was that competition would abound in everything and that the people (the marketplace) would determine the winner. Intellectual property law common to Western societies is thought to have originated in England in 1624 with the Statute of Monopolies (Dent)
If only one company can sell Uranium 235 to nuclear power plants (which is actually not the way it works), they would probably not be sued under the anti-competition rules because they sell a specialty product to a small number of consumers. It seems that antitrust suits are brought, mainly, when a large company or a group of relatively large companies is impinging smaller businesses (Goldman)
For many years the motion picture industry has been dealing with this fact because it is simple for employees or unscrupulous opportunists to steal money by somehow copying intellectual property. "According to the Motion Picture Association it is estimated that an excess of $3 billion is lost annually due to unauthorized copying, redistribution and pirating of movies" (Gudaitis, Poulos, and Johnson)
Unocal, it was alleged that "violated Section 5 of the FTC act by committing fraud and illegally obtaining monopoly power during negotiations with the California Air Resources Board (CARB). The complaint alleges that Unocal manipulated the standard setting process of the CARB by persuading it to adopt certain clean burning reformulated gasoline (RFG) standards while at the same time discreetly pursuing and eventually obtaining five patents on formulations that substantially overlapped with those standard" (Luitjens)
Constitution. Although it has been considered to be a relatively insignificant member of the Bill of rights at times, the first amendment has what was a little used statement which says that citizens can "petition the government for a redress of grievances" (Ohlhausen)
Essential Facilities The size of a company does not always matter, but sometimes what the company does, in conjunction with the property it owns, does. "The essential facilities doctrine imposes liability when one firm, which controls an essential facility, denies a second firm reasonable access to a product or service that the second firm must obtain in order to compete with the first" (Pitofsky)
According to a definition from Cornell University Law School "Trusts and monopolies are concentrations of economic power in the hands of a few." Thus, antitrust legislation would logically follow as "designed to protect competition and protect free trade" (Putnam)
S. web-search market, Google has almost 95% of the traffic in Europe" (White)
With a patent protection, pharmaceutical companies can charge higher prices to obtain their money back. The patients of HIV / AIDS will need this medicine continuously over the course of time; their price remains steady as a rock with patent protection (Bate and Tren, 2004)
There are 40 million people for that matter comprising of men, women and children. Former Secretary General of United Nations Kofi Annan and patron for The Global Fund to Fight AIDS, Malaria and Tuberculosis in an article of USA Today (November 2006) states that AIDS is number one cause of death in men/women aged fifty-fifty nine (Hodgett et al
Drugs are different unlike food and water distributed by volunteers. Medical labs come into play, medical help is needed, testing drugs and posting results and an unlimited supply of drugs as it's a daily requirement (Taylor, 2004)
How would the worldwide distribution of drugs be affected by South Africa's decision to charge duties on drugs? Why is this patent protection a card which pharmaceutical companies hold so close to their chests? Is it important to dismiss intellectual property rights for supplying AIDS drugs worldwide? What's the role of multinational companies in funding and assisting organizations such as Global Fund? All of these are huge question marks. Arguments ensue from both sides while the issue remains in the center of it all (Westerhaus and Castro, 2006)
The reason for this is mostly the pressure in terms of time imposed upon the European Parliament and the Member States to finish the legislative process as soon as possible. Consequently the many controversial issues relating to copyright and its related issues did not receive the attention they should have (Hugenholtz)