I’m trying to learn for my Business Law class and I’m stuck. Can you help?
Good afternoon, Graduate Students. I am reposting the EC from last week if you wanted to take advantage of this. See below –
If you EMAIL ME your answer to the questions below, I will award you +10 points on your Assignment 2 paper. Your answer must be substantive and thorough and you must demonstrate and identify the law before reaching your conclusion. Remember, sometimes, we don’t know the answer, it may come down to what a jury decides. (fyi – this is a made up scenario, please do not write about a company by the same name).
RE: Intellectual Property
ISSUE: Does Lori and the Colberians have a claim for Intellectual Property infringement?
Widgets, Inc. is a world leader in medicine development. It provides high-quality, life-saving products to millions in the United States. The company even offers free and discounted drugs to low-income consumers.
Widget’s, Inc. has a major expedition and manufacturing facility in the nation of Colberia. The company works closely with “healers” in the tribal nation of Colberian who share information about tribal, indigenous cures. The Colberian’s harvest plants from the jungle and Widgets, Inc. operation and healers turn the plants into medicine. Lori, a Colberian elder, has been curing the tribe of cancer for years, helping to create a mixture of herbs and plants into a special mix.
Widgets, Inc. produces Lori’s special mix and, inevitably patents the product in the United States. Due to extensive activities in the country, Widgets Inc. has destroyed a lot of habitat and endangered native species in Colberia.
Lori comes calling for her share of the proceeds and the millions of dollars the company makes for curing cancer. She alleges infringement and lost profits and royalties owed to her and the Colberian people.
You represent Lori – is there a legal and even an ethical claim to infringement and violation of IP?
What is the law in regards to patents and, who is the rightful owner?