patent essay
A patent is the conferment of a right for the use of an invention. In other terms, a patent allows the right-holder to exclude other people from benefiting from an invention (United States Patent and Trademark Office Para 3). A trademark is a word, symbol, device, or name that a person or group may use to distinguish goods by identifying their source (United States Patent and Trademark Office Para 6). On the other hand, the service mark has the same description as the trademark only that it identifies and distinguishes a service rather than a product from others (the United States Patent and Trademark Office Para 6). Finally, copyright defines the protection that original authors of literary works enjoy and can reproduce the work covered by the protection (the United States Patent and Trademark Office Para 8).
A patent holder has the right to work on their inventions. The patentee also enjoys the right of royalty in any case that their invention has been infringed by a third party (the United States Patent and Trademark Office Para 5). Finally, the patent holder has the right to decide on the level of reuse a product within their invention when it has been sold to other nations (the United States Patent and Trademark Office Para 5l). The patentee enjoys these rights for three months (the United States Patent and Trademark Office Para 10). The difference between a patent and copyright is that a patent is the right of ownership for an invention. In contrast, the copyright defines the right of ownership for a literary work (the United States Patent and Trademark Office Para 3 & 8).
One of the causes of action that Palmers could allege on KlearGear.com is the defamation of the Fair credit reporting act. This defamation occurred after Palmers had given a negative review upon purchase of a product from KlearGear.com. The disparagement clause was not there at the time that KlearGear.com filed a case for fining Palmers. Therefore, Palmers could file a lawsuit to demand back the fine and compensation for the loss they went through due to the penalty (Bagley 215).
Kleargear policy was not ethical since the company levied a bill to Palmers through an unfair procedure. Consequently, the company’s unfair process that billed Palmers later led to the negative impaction on their credit rating. It was not fair for KlearGear.com to act so harshly to a policy that it enacted after Palmer had already committed the alleged negative review (Bagley 215).
All companies should not have the non-disparagement clauses on their policies. The possession of the clause may render the company not know its acceptance to the clients. The clause may also hinder a company from determining the level of satisfaction that a client’s sourced from their services or products. The knowledge of the level of satisfaction gives a company a chance to make viable improvements (Hunt 57).
Other than cryptocurrencies, transactional, and privacy issues have become emerging issues in e-commerce. First, the transactional issues occur when one fails to make clear their product details during the sale. Among the details that the companies require to provide to clients include a vivid and comprehensive description of the product, including the cost and delivery information. At other times, the timeliness of delivery is also included. Some companies have not been providing some of this information. Clients have raised the alarm, and consequently, details inadequacy rendered an emerging e-commerce issue (Muneer Razzaq, & Farooq 2). Secondly, privacy has also proved an emerging issue in e-commerce. Companies are required to treat the information that online customers provide as confidential. The companies are required to read and adhere to law-provided policies on privacy to avoid privacy issues, (Mengrui 15).