Midterm Exam Part 2-Paper
Course objectives:
- CO1 Assess the legal environment of business.
- CO3 Compare forms of alternative dispute resolution.
- CO6 Distinguish the four forms of intellectual property.
- CO7 Evaluate forms of business associations.
ASSIGNMENT PROMPT:
FACTS:
- Gemma and James have pooled their savings to create a start-up company to develop and market an idea they conceived while students together at MIT. They obtained permission to use a college lab during late night hours a few nights a week during their last term before graduating to work on the project. Then they were able to move to James parents garage, which they keep locked.
- Now they need more sophisticated resources. They have created a prototype robotic device, called “Phoebe,” that will aid first responders in disaster relief by sensing and locating survivors remotely in areas unsafe for humans and dogs to navigate. Phoebe’s sensors will locate living beings, scan vitals and assess level of trauma.
- Gemma and James have mapped out private and public, civil, and military, applications of their invention, plus continued R & D improvement into next-phase capabilities.
- They have not shared their theory, the prototype, their documentation or any of the associated hard and soft technologies with anyone but anticipate needing to do so to obtain a funding source.
- They are concerned about others learning of their technology ahead of their chance to obtain IP protection and customers, because they caught a nosy ex-classmate of theirs, Clarence, hanging around their lab at MIT.
EXPLAIN AND DISCUSS IN A WELL-ORGANIZED PAPER, APA FORMAT:
- The type of business organization Gemma and James should use to organize their business entity and why;
- The four types of intellectual property (IP) and which of these have application to Gemma and James invention, Phoebe. Include case law and examples that illustrate these;
- The steps Gemma and James should take to protect their invention.
- What recourse they might have against Clarence (or someone like him) if he has indeed obtained knowledge of their invention, and how such a dispute might be resolved using types of ADR.
Concepts that should be included in your essay:
- Types of business organizations; considerations for organizing and operating a business;
- Legal environment of business; considerations for management and training to meet business needs;
- Types of IP and their application to Phoebe (include case law);
- IP protection (part of case law requirement could be used here);
- Relevant methodologies and practices as illustrated by major contributors or organizations (e.g. US PTO, WIPO);
- IP litigation claims and defenses and types of alternative dispute resolution (ADR), including case law that illustrates types of ADR in practice (especially IP);
- Considerations of business management for handling IP innovation, selection of IP protections;
- Business compliance issues that Gemma and James should consider.
Word length: The Exemplary level of the Rubric is 1500-2100 words. This requirement is exclusive of title page and the References list. Also, you do not need to include an abstract. If you do, it is not part of your word count.
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