Discussion questions and participation questions…will load the rest of participation questions

1. Discussion question:
Select an industry in the U.S. economy, such as a medical practice, an insurance agency, or a supermarket. What organization would be best suited for that industry? Address factors such as ease of formation, ability to raise capital, limits on owner liabilities, and other considerations.

2. Discussion question:
What organizations are subject to Sarbanes-Oxley? What provisions affect these organizations most? How could Sarbanes-Oxley requirements drive a business to become de-listed from stock exchanges and no longer operate as a publicly traded company? How do other regulations similar to Sarbanes-Oxley apply to government entities or other organizations not regulated by Sarbanes-Oxley?

3. Participation question:
Our team chose the restaurant industry for our team assignment. One way a manager can identify and protect their intellectual property rights is through a trademark. A trademark is a picture, design, symbol, or word that the restaurant would use to identify itself to its customers. Kleenex, Jell-O, and Band-Aids are examples of a trademark. A trademark is very important so that customers can identify the restaurant and associate it with a positive attitude. It is the restaurants responsibility to maintain that trademark once it becomes a legal trademark. A trademark is also how a company separates itself from its competitors and to obtain protection when goods are being moved in interstate commerce. Moving goods in interstate commerce may only apply to a restaurant if they make something that they are selling across state lines. An example would be Famous Daves, they have restaurants across the U.S., but also sell their BBQ sauce in many grocery stores. The trademark protects their restaurants as well as their sauces.

4.Participation question-Beth
Our team chose the pharmaceutical industry. In the pharmaceutical industry new medications are protected for a period of time and the company can sell them exclusively. This is designed to allow the organization to recover costs associated with research and development of that medication. As a manager in a pharmaceutical company there must be clearly established guidelines regarding intangible property. When a scientific reseacher leaves one company and works for another the departing company must be sure the researcher is not taking with them formulas and data not available to the public. This protects the company from spending the research and development dollars on a medication then losing a researcher and having a competitor Beatthem to the market with the medication. Since pharmaceutical companies employ a number of scientists, pharmacists and physicians they are at risk of losing intellectual property when an employee leaves the company.

Intellectual property rights are usually referred to right that cannot be touch. It is usual a personas idea, invention, discovery, symbols. In the pharmaceutical industry, the intellectual property is its biggest assets. a?The concept of intellectual property extends from the idea that an individual has a fundamental right to control the production and distribution of his or her own labor (Gwertz & Amado, 2004, p. 295)a?. The pharmaceutical companies invest millions on new drugs every year. a?Patents play an outstanding role in the pharmaceutical industry. There are several reasons for this. On the one hand, this is a strongly research-oriented branch of the industry. On the other, the vast majority of pharmaceutical patents is directed to new

chemical compounds, formulations or processes which are characterized by the presence of certain chemical elementsa? (Mandi, 2003, p. 72). As a way of getting that money back, the government grants them a 20-year patent to sell the drug.. a?According to statistics it takes an average of $500a 600m and 9a 11 years to launch a new medicine, computed from the filing date of the patent application. This means that, although the patent monopoly available for the originator is de jure 20 years, de facto it generally does not exceed an average of ten yearsa? (Mandi, 2003, p. 73). The result, some say, is higher prices for a?brand-namea? drugs. The pharmaceutical companies state itas their way of protecting their initial investment.

Gewertz, N., & Amado, R. (n.d). Intellectual Property and the Pharmaceutical Industry: A Moral Crossroads Between Health and Property. Journal of Business Ethics, 55(3), 295-308. Retrieved from SocINDEX with Full Text database.

MA?ndi, A. (2003). Protection and challenge of pharmaceutical patents. Journal of Generic Medicines, 1(1), 72-82. Retrieved from Academic Search Complete database.

6. Participation-Marija
Managers in the IT industry can protect the intellectual property rights try obtaining patents and copyrights for their software. Software patents in US can be obtained with USPTO. Their site has developed a Computer Readable Form/Checker as patent application receipt, which allows public users to check sequence listings before submitting them to USPTO. In addition to this, there is Software Patent Institute (SPI) that provides prior art, related to software technology. SPI has documents that include computer manuals, older textbooks, journal articles, computer science theses etc. Even though patents are debatable issue in the IT world, without one companies inventions can be used partially or in whole from other companies for profit. Patent holders have exclusive right for sale profits. When patented product, such as software, is used without consent from the patent holder a case of infringement occurs. In this case the patent holder is entitled to a statutory action for damages. New inventions enjoy protection under the US constitution.

The Computer Software Copyright Act of 1980 offers protection for software inventors. Managers in the IT industry should obtain copyrights for their software inventions and protect the company from millions unauthorized copies around the world. The fact that It technology is developing very fast is a challenge for managers to keep the intellectual property safe from new ways of infringement.

Marija Sakson