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international business

International Business Law – Case Study #1

“KDBM Publishing” (a fictitous name) is a publishing firm based in the United States that is looking to expand its business overseas. Searching for a new country to do business in, various problems arose as to deciding where to expand towards. Some countries had different labor and environmental standards, while others had higher printing costs. These are common issues that arise while doing business globally. However, there are legal mechanisms that work at making doing business abroad more copacetic and uniform.

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Getting Out of the Weeds: Why Cannabis Products Can Be Patented but not Trademarked

Cannabis is legal for recreational or medicinal use in almost 30 states, and this number is likely to grow. However, cannabis remains illegal under federal law. As a result, the United States Patent and Trademark Office (USPTO) will not register trademarks for retailers of cannabis, or for products that contain cannabis.
However, what is especially interesting is that the USPTO will grant patents involving cannabis and its derivatives. More simply put, cannabis is patentable. Examples of cannabis-related patents include drug formulations, methods of treating sickness and disease with cannabis, and even cannabis plant patents. So why is cannabis patentable, even though federally it is illegal?

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Nestle Loses Battle to Trademark the “Kit-Kat” Design in the U.K.

The Advocate General of the Court of Justice of the European Union (EU) advised the European Court that Nestlé’s attempts to trademark the Kit Kat’s distinctive four-fingered shape does not comply with EU law. This opinion is likely to effectively end Nestlé’s attempts to trademark the shape of the candy as European Court judges usually follow the opinions of advocate generals.

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International Corporate Compliance Support – Case Study #1

“KDBM Publishing” (a fictitious company) has recently expanded its business in Hong Kong, China. There, they face higher printing costs than back home in the United States. Members of KDBM have offered payment to local government officials in China to try and get discounted printing prices. This action constitutes bribery, and is in direct violation of the FCPA, or the Foreign Corrupt Practices Act. The FCPA conceptually falls under a larger legal issue known as Corporate Compliance.

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Apple Gets Baked With Lawsuit…Again

Originally posted 2013-03-18 17:08:48. By Kathleen Melhorn| amdlawgroup.com   A popular audio company by the name of THX is filing a lawsuit against the multinational electronics corporation for creating a speaker that has already been patented. THX created what they call the “Slot Speaker” back in the early 2000’s, and proceeded to patent the unique […]

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International Takedown Request not Working – International Intellectual Property Law – Case Study #4

A report from the UK’s IP Crime Group says that the British Recorded Music Industry has found and removed 4,298,729 illegally hosted digital music files back in 2011. The group also removed 61,232 illegally hosted digital music files in the UK alone. The Publishers Association has so far issued over 200,000 takedown notices to over 5,200 infringing domains with about a 90% removal success rate (Peoples).

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Developments in Biotechnology and Genetic Licensing

The global biotechnology sector is rapidly expanding. This expansion is leading to more discoveries and innovations than ever before. The field of biotechnology is based upon the controlled and deliberate manipulation of biological systems for the manufacture or processing of useful products. Biological systems are living cells and their cellular and molecular components. Genetic splicing was modernized in 1971 by Paul Berg, a professor at Stanford University in California.  The study of biotechnology wad further enhanced by Herbert W. Boyer from the University of California and Stanley N. Cohen from Stanford.  Boyer and Cohen advanced developed a way to transfer genetic material by encasing it in bacterium.  The ability to transfer genetic material is crucial to the ability to reproduce the material making the process of manipulating genetic material commercially viable.  

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How Facebook Opened a Door That Was Already Open

The disruptive nature of Facebook’s platform is that for many users it has become a connector; a way to connect with others and feel relevant.  In some respects, the platform appeals to our human insecurities and the need to be seen. We share, post, comment and read posts with very little regard for whether they are fake news or fake posts. Unconscious bias prompts us to believe what we want to believe and call the rest fake. But what is real is that Facebook has not mastered the art of being social and in some ways, has denigrated it.

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Getting a Trademark for a “Controversial” Name

Originally posted 2013-03-20 18:04:34. By Tasha Schmidt | amdlawgroup.com It is important to trademark your name, especially when it is your band’s name, and this is exactly what this Asian rock group is attempting to do. Except the rock group is trying to trademark the name, “The Slants.” The band tried to trademark the name […]

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Even Grumpy Cat Needs a Trademark

Originally posted 2013-03-15 15:36:38. By Tasha Schmidt | amdlawgroup.com Fans and people at the South by Southwest Conference have been lined up for hours to see the recent feline internet sensation, Grumpy Cat. Grumpy Cat’s real name is Tardar Sauce. However, her “cat celebrity name” if you will is Grumpy Cat, and this is exactly […]

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The Not So iLife of Apple

With the entire hype surrounding apple, one would assume it was the only company to use the “i” before the name of the product it was selling. Unfortunately, this is not true in Brazil where Apple has been sued for using the term “iPhone”. Brazil is the largest Latin American country and Apple products are currently on the market there. However, other electronics companies are there as well.

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How to Use Photos without Violating Copyright Laws

Originally posted 2012-10-05 13:02:53. Visual media has become instrumental in designing a website or posting in social media sites such as Pinterest and Facebook. But if you don’t own the photos you plan on using, how do you go about getting the photos your site needs? Grabbing pictures from Google images, off of other websites, […]

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Amazon Buys Comedy Service Rooftop Media to Expand Digital Content

Amazon is buying an online comedy Service Rooftop Media. At first this does not appear as an important transaction; however, Amazon’s goal is aimed toward a broader ambition of becoming a media and entertainment powerhouse. Amazon has concluded the deal through Audible an audiobooks service company that the firm bought for $300 Million in 2008.

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