INTELLECTUAL PROPERTY LAW Essay Example | Topics and Well Written Essays - 2750 words

INTELLECTUAL PROPERTY LAW - Essay Example In order to give Dicky proper legal advice, it would be in order to understand the exact terms and conditions that his employment or engagement with Smythe and Dickinson stated. The importance of this contractual agreement would be to know if Dicky’s terms of employment terms provision spelled out agreements on whether the company was either the sole owner or joint owner of any work produced in course of employment (Sumpter 2006, p.77).. This is because section 11 of the Copyright, Designs and Patents Act states the criteria for ascertaining the ownership of any copyright material and provides that any work produced in the course of employment belong to the employer who is deemed as the first owner. In the event that there are no such terms or regulations, Dicky will be perfectly be in a right position to fully own the work. Under the copyright laws in England, there are certain qualifications that one has to fulfil before they are fully covered or protected by the law on copy right. First, a person must be a citizen of Britain based on the qualifications that are set by the British Nationality Act 1981 (Ross 2008, p.46). The other requirement is originality, it has to be ascertained that without doubt the work (Valuation Guidelnes) was his (Dicky’s) own expression of ideas and invention to be the first owner under Copyright, Designs and Patents Act S.11(1). This is of interest, as it will help in understanding the actual position of the nature of the legal position from which the company is claiming rights. Dicky can argue that the company has no copyrights over any of his productions when he undertakes it independently even if employed by Smythe and Dickinson. The other requirement to gain copyright is fixation, as was held in the Merchandising Corp v Harpbond (1983), for instance the work has to be in a material form of which the valuation guidelines are in print and Dicky’s Antiques is in a DVD. Having ascertained Dickys terms of employm ent, citizenship, fixation and originality such that the Valuation Guidelines were his creative creation work; Dicky should understand the rights that a copyright holder have in relation to that particular original idea, which is automatic in UK upon meeting copyright requirements. Section 16 of the Copyright, Designs and Patents Act gives the copyright holder the right to copy the work and issue it to the public as well as broadcasting the work in a cable service program (McCombs 2011, p.21). All copyrighted material must possess originality as proposed in the case of University of London Press v University Tutorial Press (1916) 2 CH 601. This case discussed the doctrine known as sweat of the brow doctrine and if the word â€Å"original† is taken to refer to the originality of an expression for a certain piece of work to gain copyright protection (Harms 2008, p.133). The concept of originality tries to evaluate the relationship between the author of a particular piece of wor k and his work and is essential for a piece of work to gain copyright protection in England. This is expressly provided for under Section 1(1) of the Copyright, Designs and Patents Act 1988, s.1(1) and involves judicial reasoning and logic in the solution of cases. In order for Dicky to succeed in his defence, he must

MULTINATIONAL CORP-EVOL & CUR ISSUE Essay Example | Topics and Well Written Essays - 750 words - 2

MULTINATIONAL CORP-EVOL & CUR ISSUE - Essay Example (GOOG), Amazon (AMZN) and PowerShares QQQ Trust Series 1 (QQQ). This report entails a transaction involving 500 quantities of Google shares, 10000 quantity of Amazon and 1,000 quantity of PowerShares Trust Series 1. Google Inc. is a global technology company that mainly focuses on areas such as advertising, operating systems and platforms, enterprise and hardware products. Its main source of revenue is online advertisement. By the close of business on April 06, 2014 @ 3:59:59 PM, 500 shares of Google Inc. were selling at $545.25. This resulted to an amount of 573,000. The buying price of Google Inc. equity was $545 at a currency/exchange of USD/1.00. It is worth noting that price paid is quoted in the currency of the security’ exchange while the buying powers change and transaction amount are quoted in the currency of the portfolio. As per the start of the business day 7th April 2014, the share price for Google Inc. stood at $539.31 representing a price change of $-5.94 (-1.09%). At the current market price, buying 500 shares of Google Inc. will cost me 272,500. Selling the same quantity will get me a reward of 273,135 hence making a profit equivalent to $635. The profitability nature of the Google’s shares make motivated me to buy the portfolio. Amazon.com serves consumers through its retail websites and focus on selection, price, and convenience. It offers programs that enable sellers to sell their products through the company’s websites. Amazon offers its customers the lowest prices daily product pricing and shipping offers. The last buying price for Amazon.com is $320.22 as opposed to the current price of $320.52. The 52-week high is $408.06 while the 52-week low is $245.75. Going by the previous price, the estimated cost for 10,000 shares will be $ 3,203,310.00. The last selling of Amazon stock is $320.68 representing 187,268 volumes. Considering this selling price, the estimated cost stands at 3,197,090.00. This represents an income gain