About business law - Case Study Example

The other tactic was using the illegalities of other investors – to silence them over the infringement of their intellectual property rights. That was the case with Sony, where BYD challenged the validity of their patents in Japan. Another tactic was the careful copying of patents to ensure that they did not match all design patents, like the case was with the F3. Another tactic was the illegal acquisition of the trade secrets of other companies, for example, that was the case with the documents retrieved from the systems of Foxconn (Li et al. a 3-5). The learning-by-hiring strategy is unlawful, as it offers a highway through which the patent rights of employers are transferred to rival employers or businesses.

Due to its unlawful nature, an aggressive assertion and protection of patent rights can reduce the departure of these skilled workers. The tactic of adopting the intellectual property of others and hiding behind their illegality in the area of rights protection is illegal, but cannot be proved, especially in the cases where the property’s patent ownership cannot be proved. That was the case with Sony, where their patent ownership in Japan was challenged. . of trade secrets through the unlawful efforts of insider aides at victim companies is unlawful – as the practice amounts to trade secret theft (espionage) therefore BYD could be prosecuted for this action, if it is that they committed the crime (Li et al. a 5). The management practices at Foxconn, which have contributed to the strategy of BYD include that the company should have engaged in continual monitoring of the market, to ensure that the infringement of its Intellectual property was reported before it caused damage.

The company’s greatest loss of trade secrets was caused by its lack of a system to restrict access to trade secrets and information. For example, the company could ensure that non-complete business agreements and non-disclosure were addressed fully and effectively, as it was the cause for the shift of its experts to BYD. Proper information security measures could also have been developed to secure vital information – to ensure that their trade secrets and vital information were safe (Stender et al. 30). Part 2 The options available to Foxconn include IP management strategies and litigation options.

The strengths and weaknesses of the strategy of the administrative system used by Foxconn include the following: it requires less load of evidence, it is cost effective and the process is faster. The weaknesses include that low penalties are offered – which does not stop repeat offenders. Further, the raids conducted may not be authentic – which may allow the items seized to reach the market. The use of the judicial system presents the strengths that they would get damages for infringement and intense pressure would be exerted on the infringers.

The weaknesses of the process include that it may cost the company high litigation costs, it may