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Subject:
Intellectual property laws
Category: Business and Money > Economics Asked by: wec4ever-ga List Price: $3.00 |
Posted:
26 Oct 2004 15:21 PDT
Expires: 27 Oct 2004 09:28 PDT Question ID: 420471 |
Are there situations where a company for the common good must give up the economic advantage accorded by intellectual property laws? How should the Bayer Credo--Bayer: Success Through Expertise with Responsibility--impact its corporate responsibility in the anthrax situation? |
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There is no answer at this time. |
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Subject:
Re: Intellectual property laws
From: ipfan-ga on 26 Oct 2004 15:35 PDT |
This appears to contain two questions--I do not see the two issues as related. But as to the first question, the answer is yes. There are instances where a company might be required to reliquish, e.g., a patent for the commpon good. A common example is a vaccine. If a pharmaceutical company held a patent on a vaccine and the disease became an epidemic, the government (which grants the "monoploy" that is a patent) can cause the company to surrender the patented technology so that more and cheaper vaccine is available. Or, the government could simply ignore the patent and cause another pharmaceutical company to make the vaccine and grant that company immunity from patent infringement. |
Subject:
Re: Intellectual property laws
From: ipfan-ga on 26 Oct 2004 15:42 PDT |
Another example: if a company fails to police how its trademarks are used and a "trademarked" term falls into common usage as a noun for the described product as a result, trademark law says that the trademark owner must relinquish its trademark rights and surrender the word to the common lexicon. Common examples are "aspirin," "cellophane," and "escalator." I think this is an appropriate example because a company is being required to give up an intellectual property right rather than being permitted to continue to possess a lawful monopoly of what has become a generic term. |
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