Legal and Ethical Leadership and Management, Research Paper Example

In the contemporary world’s ever increasingly knowledge-powered economy, intellectual property has become a critical consideration in each day’s decision making processes. New creative designs, brands and products are released almost daily into the market as a result of incessant human creativity and innovation (Barrett 56).

It was unethical for Normandale to sell the alleged knock-off products at a lower price because intellectual property blocks the goodwill from being taken as an advantage which has been generated by the trademark of the business under the inventor’s name anything having a close similarity.

Federal and state laws are applicable for protection of intellectual property of the owner on the basis of the federal patent, copyright as well as trademark. In this situation of tangible items, patent are applicable which are responsible for granting some rights that are legally enforceable to the owner such that they can exclude any other person from practicing the claimed and described invention in the document of the intellectual property (Bennet, 2003).

The applicable federal or state laws that protect owners of intellectual property include the rights and the protection of the intellectual property of the owner which are laid down on the basis of trademark, state trade secret laws, copyright as well as the federal patent

Mathis has suffered some because as a result of Normandale’s conduct because his patent to achieve commercial advantage which is allied to the right was infringed. Product development involves research and development and the two aspects go with a cost. Mathis needed to recoup the costs and the opportunity to commercially exploit the invention was interfered with (Burchell, 2004).

There are some differing views on the social responsibility of corporations like Normandale because some people argue that, the registration of a trademark does not warrant an individual to be entitled to the domain name that is similar or related (Anderson, 2004).

Normandale could implement some ethical code to prevent similar incidents in the future. He could use his rights guaranteed in law to prevent any other person from the manufacture, use as well as sale of what he can claim when the patent is enforceable.

The infringement of IP rights can result to criminal liability as well as civil liability in a business. The liability risk can be direct or indirect.

References

Anderson, M. E.  (2004). “Intellectual Property Mediations: Special Techniques for a Special Field”. Texas Intellectual Property Law Journal, Vol.3, No.23, 1994, pp. 23-32

Barrett, M., (2009).  Intellectual property. 2^nd Ed. Austin: Wolters Kluwer Law & Business.

Bennet, S.C., (2003). “The Developing American Approach to Arbitrability”.

Burchell, K., (2004). “In Good Faith – The Growing Importance of Mediation in Intellectual”.   Property Trademark World, No.166, pp. 24-25.

Dispute Resolution Journal, Vol.58, No.1, pp. 10-16.