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For Samsung, it has been through thepatentinfringementsuits. Theapplecompanyis situated in the United States whereas Samsung is from South Korea. AppleCompany hadseveralways and differenttheories of Infringement andthejuryhadnoanyotheroptionother than presentingall of them. Patentlitigation is between Apple and Samsung andthese has gottenmuchattention from themedia, investors andmany industrialexecutives. Apple has all through claimedthat Samsung hadcopied their iPhone.
Thecaseallbegan January 2007 whenthe iPhone wasbeenintroduced in theworldmarket. Theapple companyfiledthesuite four days before therelease of the iPhone. Among themany Apples graphical user interfaces, Apple gotinterested in one of theintellectualproperties that were to be used against the Samsung Company. 15th April 2011 a complaintwasfiled in the District Court forthenorthern District of California in the United States. Applestillmaintainedthat there wasinfringement on their intellectualproperty. Applesubmittedallthe data thattheyhad towards Samsung using their sameproducts as part of their data. Theywent through theprocess by comparingthesimilarities of their products with that of the Samsung(New York: Cengage Learning, Copyright, 2012)
On 22nd April 2011 Samsung wentaheadanddidthesamethingthat Apple haddoneandfileda complaint in courts in Seoul which is its capitalcity andtheyalsofiledanothercomplaint in Mannheim, Germany.Theymadeallegationsthat Apple hadinfringed its patents. Samsung filed five patentinfringements. August 2012 thejudgeswhowere to presidethecase that hadbeenfiled by Samsung and after reviewing thecaseallthejudgescame up with severaldecisions(New Jersey : MIT Press. Copyright,2011) pg. 134.The overall decisionwasthat Apple hadinfringed two Samsungs technology patents. Theyalsoconcludedthat Samsung hadonlyviolated one Apples patent. Thecourtalsodeniedtheallegationsthat Samsung hadcopiedthedesigns of the iPad and the iPhone.
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According to the research findings the choice of a tradename should be done with much care so as to avoid infringing on someone’s tradename. The fact that a given name is your surname, many not be enough to give you the legal right to use it in any way you like. In addition, it does not matter whether the name you choose is elated to your business.
The amount of money given or awarded, in theory, is the amount that would be required to make whole the injured party for their loss. Though these are the general and dominant rules of damages, they are not exhaustive. Exceptions exists where damages are awarded to punish the injuring party or as a matter of right (Mallakh 23).
The term “trade dress” refers to the non-functional aspect of a product usually found in its packaging or the design of the product itself. It includes features such as shape, size, color, textures, designs and the manner by which words are arranged on the product.
). Based on the nature, IP can be divided as Industrial property and Copyright. Patents, trademarks and designs, normally come under Industrial property whereas literary and artistic works come under Copyright. This paper analyses the History of intellectual property law, Types of Intellectual property law, Intellectual property law in Australia and My opinions about intellectual property law History of intellectual property law Intellectual property law emerged under the Elizabethan era in the form of royal favours granted by the King or the lord of the land to the introducers of new techniques.
The accounting treatment for R&D has become contentious in the past because of its intangible nature, first and foremost, which allows for variable interpretations as to the nature of R&D undertaken. Another attribute is the innate uncertainty of each R&D undertaking, which causes debate as to the degree of research or development, the possibility of technological feasibility, or the assessment of the likelihood of future economic benefits.
In fact, the conflicts escalated after an injunction was given to Apple Company, which required Samsung Company to provide its future products as their last packaging to the lawyer representing Apple Company for inspection in order to determine whether have infringed the patents.
Intellectual rights form one of the fundamental issues in business law. Due to the increasing innovation and integration of ideas into business concepts, it is essential that businesses take a deeper concern into ideas
The firm was incorporated in the year 1977. From then it has grown and acquired many firms including Locationary Inc, Hopstop Inc, Algo trim AB, PrimeSense Ltd., Topsy Labs Inc, Burstly Inc, Novauris Technologies Ltd
United States, China, and the European Union are some of the huge economies that have taken intellectual property laws very seriously. The US struggles with interpretation of the law as evidenced by a number of cases of intellectual property
The results that this paper outlines are those that are provided by the general consumer population. The paper found that it is impossible to distinctively identify which of the two products has a superior marketing mix but one can identify
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