Right to Use the Name Term Paper

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Total Length: 2160 words ( 7 double-spaced pages)

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There have been several arguments with reference to the social impact of the Intellectual Property, and it has been observed that the Intellectual property law has been responsible for the promotion of the competitive forces in such a manner that 'antitrust law does not address, and may do so based on evidence that would be insufficient in an antitrust context' (Brinson, 1994). It is indeed a difficult practice related to the 'forced sharing to attain optimal competition' (Brinson, 1994), and it appear to be unwarranted 'in most antitrust contexts, and it is clear indication of the absent clear proof of market harm' (Thomas, 2006), although it is expected to 'constitute improved and comprehensive Intellectual Property policy, even in the presence of ambiguous evidence' (Brinson, 1994). The anti-trust law and the intellectual property law is expected to minimize the cost of three different things, which include, false positives, as per which the cases are decided in the interests of the defendants of the Intellectual property or the antitrust plaintiff. This is expected to create diversified impact on the business activities, the expansion, production and promotion activities of any particular brand or product is expected to suffer major jolt, only due the technicalities associated with the legal aspects of the Intellectual Property laws. The violation or any offence with reference to the procurement of literature and resources of another party is considered to be illegal, and unless the defense is able to convince the court that the purpose of such actions were purely in the social interest, it is unlikely that the court will provide free support to such individual or group.

Conclusion

In the business, the doctrine of misuse has been referred on many instances, which are based on the ownership of the patents.

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There have been series of disreputable allegations against different organization, and different law suits were filed. The Intellectual Property law has provided unprecedented support to the registered owner, and has also protected the stakes of the defense from any kind of exploitation or damage. The registered owner has the right to claim either financial settlement or public apology from the respondent, but if the respondent is able to justify their practice and is able to create direct relevance of their action with the possible improvement and development of the social system, it is unlikely that their actions will be regarded illegal or unauthorized. The interests of the parties will be protected but the nature of the settlement will vary from case to case, and there is no as such prescribed standards which define the implementation and application plan of the Intellectual Property law. On different accounts the business groups have been able to influence the court verdict by turning the local market vulnerable towards the decision and the verdict of the court, therefore the court on its part has to be careful and diligent to avoid any major social or economic collapse, therefore the verdicts and decisions with particular reference to the Intellectual property are purely conditional based. It is also important for the courts to decide the cases related to the Intellectual Property through imposition of the derived 'intuitions concerning the optimal scope of Intellectual Property rights' (Thomas, 2006). The court is further required to impose the doctrine of misuse to avoid any clash of interest within different business activities......

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