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JBLR27 Business Law In A Digital Context

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JBLR27 Business Law In A Digital Context

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JBLR27 Business Law In A Digital Context

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Course Code: JBLR27
University: Jonkoping University is not sponsored or endorsed by this college or university

Country: Sweden

1. You are a business or an inventor/author and need to describe what intellectual property-related issues you may encounter while inventing and bringing to market a new product/process or a new work of art/design/creation in the digital marketplace. This can relate both to goods OR services.Explain in detail which types of intellectual property rights are relevant, their characteristics, functions and/or specific legal problems connected to IP management in the digital environment.2. What are the most important legal rules for e-business activities in Europe? Briefly illustrate the main objectives, principles and scope of the 3 major legal / regulatory istruments connected with online business activities.

1. With the advent of the technological advancement innovation and unique ideas are growing into a rapid pace. As a result of that Inventors and innovators are very concerned to safeguard the rights of the patents. From that understanding, it can be stated that there are enormous importance of protecting the rights and regulations of the design or creation of that innovation. The purpose of this discussion is also put emphasis on this question and tries to figure out the characteristics of the existing legal rights and the possible legal problems that is related to the intellectual property management in the high time of digital revolution.
The patent is related to the automobile manufacturing securities. In most of the developed countries car theft is identified as a great threat. Therefore, a face detection system has been introduced connected with the engine of the car. As a result of that only the owner of the car is able to drive it.
In this context, there are series of problems related to the intellectual property rights of that design.  It can be argued that the Intellectual property rights (IPRs) are very important for the firms to protect (Kang & Motohashi, 2015). As the IPR is considered to be a driven factor for providing an unique identification for the firms therefore the firms are keen to ensure the safety of the innovations and creative designs and technologies. Moreover, it can be stated that the intellectual property rights are legally recognised and enforceable in case of any infringement or exploitation of the specific innovation or creative work (Cimoli et al., 2014). As a matter of fact, it is important to understand that the patent rights have a certain time limit. In other words, it can be argued that the intellectual property rights have a validity depending on the year of innovation and registering the patent. Furthermore, the IPR must have a mechanism to diffuse technology and the creative content through the exploitation of the intellectual property right itself. Based on this understanding it can be stated that the Intellectual property Rights have both the process of diffusion and safeguarding the patents so that no one can copy or imitate the plan or the design (Alimov & Officer, 2017).
In this context, some emerging challenges and threats the legal framework of the Intellectual Property Rights can be faced. First of all, it is important for the legal framework to identify the patents and understand the difference between innovation and discoveries. In most of the cases, it was seen that the conflicting parties were fighting for the patent rights of a discovery (Czarnitzki, Hussinger & Schneider, 2015). Therefore, it is important for the firm to underline the difference between discovery and innovation. Moreover, it is also pertinent to get acknowledged with the terms and conditions related to the Intellectual property rights. It is also associated with the duration of the patents, the availability of rights conferred and the nature of the patents (Naghavi & Strozzi, 2015). In response to this, it can be asserted that those patents are only came into the fold of the legal framework which have a social benefit. Otherwise there is no point to make a legal barrier for the patents having no social significance.
On the other hand, the competition law also has a clear importance related to prevent the undesired market behaviour in terms of the infringement of the patents. In this context, the behaviour or intention plays paramount role in order to perceive the intention of the patent rights. For an instance, in case of an exclusive license it can create barrier for the other competitors to use that particular design. This kind of situation can create a problem of monopolised tendency that must be averted.
Therefore, it can be concluded that the intellectual patent rights have both pros and cons regarding its implication. However, despite of having some flaws it is important to set some measures to prevent imitating the original patent and make a fresh and equal environment for all the competitors and participants.
2. E-commerce is considered to be the most appreciated practice in business nowadays. Most of the companies tries to develop their e-commerce practice in order to maximise the customers. As a matter of fact, in an intense global competition it becomes pivotal for the corporate organisations to opt for an alternative and the e-commerce practice provides them the unique aspect in terms of purchasing and providing quality services. Therefore, some legal considerations are essential in order to ensure a transparent business environment.
Based on this understanding, the legal framework prevalent in Europe is resembled with the idea to protect the information of the customers as well as safeguarding the patent of the company. In this regard, the primary objective of the EU regulation is circled around the protection of the rights and information of the customers. The Directive 97/7/EC advocated that the organisations have to ensure high level of consumer protection throughout EU (Gomez-Herrera, Martens & Turlea, 2014). Moreover, it can also be stated that the purpose of the regulation is to formulate transparency in business by putting equal rights for both the companies and distance contracts. As a matter of fact, the regulation defines the meaning of distance contracts. It comprises customers as well as the suppliers and the organisation has to ensure their full access to the rights up to the conclusion of the contract.
In this context, there are some principles that the business organisations have to follow in order to maintain an effective e-business orientation in Europe. For example, data protection of both the customers and the stakeholders are very important for the organisations (Gomez-Herrera, Martens & Turlea, 2014). Moreover, briefing a data protection policy is required for all the business organisations in Europe who are intended to initiate e-business activities without having any legal problems (). In addition to this, the contractual legal terms and conditions are also significant part of the regulatory process for a transparent e-commerce business framework in Europe. World Intellectual Property Organisation (WIPO) Copyright Treaty are also applicable for e-commerce business and the European Union formulates clear notions regarding the safety and security of the patent rights as well (Koops, 2014).
Therefore, there are some directives set by the European Union in order to make a better and transparent environment for e-commerce business in Europe. First of all the directive on Consumer rights (2011/83/EC) came into effect from 2014 and ensured more protection for the consumers that can be applied in the online sales and purchasing (Omoola & Oseni, 2014). In this context, the directive has some features in terms of no pre-ticked charges can be present in retailer’s website. It means there is no hidden charges or costs the company can be imposed on the customers. Besides this, the consumers have a 10 days withdrawal window to return the product or terminate any contracts (Qu et al., 2015). As a result of that refunds will be made within two weeks of the rejection. As a matter of fact, the European Union is highly aware of the discrepancies that most of the business organisation can enjoy in order to deal with the online commercial activities. Surcharges and taxes are extracted in a large amount from the customers. Therefore, the EU Directives tries to prevent such practices by putting a ban on the process of the extracting more money from the customers in the name of surcharges.
Based on the above discussion it can be concluded that there are series of regulatory frameworks and legal underpinnings that all the e-commerce business organisations have to follow in order to sustain their business in Europe. The authority has put more focus on the protection of information related to the customers and other stakeholders. In fact, it is crucial to make a transparent agreement in order to safeguard the interests of both the companies and the suppliers. As a result of that the European Union is able to set effective e-commerce framework that can bolster the environment for digital business activities.
Alimov, A., & Officer, M. S. (2017). Intellectual property rights and cross-border mergers and acquisitions. Journal of Corporate Finance, 45, 360-377.
Cimoli, M., Dosi, G., Maskus, K. E., Okediji, R. L., Reichman, J. H., & Stiglitz, J. E. (Eds.). (2014). Intellectual property rights: legal and economic challenges for development. Oxford University Press.
Czarnitzki, D., Hussinger, K., & Schneider, C. (2015). R&D collaboration with uncertain intellectual property rights. Review of Industrial Organization, 46(2), 183-204.
Gomez-Herrera, E., Martens, B., & Turlea, G. (2014). The drivers and impediments for cross-border e-commerce in the EU. Information Economics and Policy, 28, 83-96.
Gomez-Herrera, E., Martens, B., & Turlea, G. (2014). The drivers and impediments for cross-border e-commerce in the EU. Information Economics and Policy, 28, 83-96.
Kang, B., & Motohashi, K. (2015). Essential intellectual property rights and inventors’ involvement in standardization. Research Policy, 44(2), 483-492.
Koops, B. J. (2014). The trouble with European data protection law. International Data Privacy Law, 4(4), 250-261.
Naghavi, A., & Strozzi, C. (2015). Intellectual property rights, diasporas, and domestic innovation. Journal of International Economics, 96(1), 150-161.
Omoola, S. O., & Oseni, U. A. (2016). Towards an effective legal framework for online dispute resolution in e-commerce transactions: trends, traditions and transitions. IIUM Law Journal, 24(1).
Qu, W. G., Pinsonneault, A., Tomiuk, D., Wang, S., & Liu, Y. (2015). The impacts of social trust on open and closed B2B e-commerce: A Europe-based study. Information & Management, 52(2), 151-159.

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