Question

You have just been promoted to the marketing manager of international corporation. You remember in your marketing classes that intellectual property, specifically trademarks and service marks, are very important intellectual property that must be protected to ensure that your firm does not infringe on anyone else's marks. The courts have determined there are a broad range of trademarks and service marks. As the marketing manager, you need to be aware that parts of brand names or other forms of product identification may qualify for trademark protection. Then address the following: • Choose any intellectual property, such as patent, trademark, service mark, copyright, etc. and define and discuss. • Next, discuss when your company should protect this type of intellectual property and how you protect it. • Lastly, search the internet and library, and provide at least one example of how you could pursue legal action if an international business committed an intellectual property infringement. • Describe how this would affect the manner in which U.S. businesses would conduct business in that foreign country.

Answer 1

Patent

Step-by-step explanation:

A patent is the exclusive privilege granted for an invention–a product or method which offers a unique means of doing something, or which provides a new technological solution to the issue. It grants patent holders protection for their creations. Security shall be provided for a limited amount of time, usually for 20 years.

Patent protection ensures that an idea will not be created, utilized, transmitted or sold commercially without the permission of the proprietor of the patent. Patent rights are typically implemented through courts which have the power to stop the violation of patents in most structures. In comparison, a court may also find a patent void in the case of a successful third party appeal.

A patent proprietor shall have the right to determine who can–or may not –use the patented invention for the time during which it is licensed. Patent proprietors can offer other parties permission or license to use their innovations on terms mutually agreed upon. Holders may also offer their privileges of invention to someone else, who becomes the patent's new owner.

It is also defined as being off patent, implying that the creator no longer carries proprietary rights to the invention, and it will become open to other parties for commercialization.

The very first step in obtaining a patent is filing a patent application. In general, the application includes both the name of the creation and an acknowledgement of all its specialized field. It should also include the context and explanation of the creation, in simple language and sufficient information which could be used or reproduced by an individual with an average understanding of the field.

These explanations are immediately followed by graphical resources that illustrate the technology in better detail–sketches, plans or diagrams. There are also numerous "claims" in the case, that is, tools to help determine the extent of immunity to be provided by the patent.

In general, an innovation must meet the following criteria for a patent to be secured. It has to be of functional use; it must demonstrate an aspect of "novelty," indicating some new feature that in its specific technical field is not part of the body of existing knowledge. That existing knowledge body is called the "prior art"

Patents are issued by national patent offices or by branch offices conducting review work for a group of nations, such as the European Patent Office (EPO) and the African Intellectual Property Organization (OAPI). Under these regional structures, an individual in one or more countries requests protection for an invention, so each country decides how and when to give patent protection inside its boundaries.

The Patent Cooperation Treaty (PCT) which is implemented by WIPO allows for the filing of a single international patent application with the same effect as national applications filed in the specified nations.