Wednesday, December 15, 2010

Reason of the Law

Since my conversation with Mr. Van Looper was very matter of fact and to the point. I did not really get a chance to ask what his company's train of thought process was a they put together the website. I did however called back and asked the how did they validate their information that they posted. The receptionist was very she put me on hold for approximately 7 minutes. I assume she had asked a lawyer in the office for the source of the information. She stated that all information gathered from current documentation released by five sources the United States Copyright Office, United States Patent and Trademark Office, Federal Trade Commission, World Intellectual Property Organization, and the United States Department of Commerce. So allow me remind everyone what those offices functions are as stated in our text Patent, Copyright, & Trademark 11th ed. published by NOLO and other websites.

The United States Copyright Office (as stated by the text on page 317) is a branch of the Library of Congress-oversees the implementation of the federal copyright laws. It issues regulations, processes applications for registration of copyrights, and accepts (for some types of works) stores deposits made in connection with registration. The U.S. Copyright Office also issues opinions on whether certain types of items are subject to copyright protection.

The United State Patent and Trademark Office (as stated by the text on 139) is an administrative branch of the U.S. Department of Commerce. The U.S. Patent and Trademark Office is charged with the responsibility for overseeing and implementing the federal laws on patent and trademarks. Also known as the USPTO or Patent Office, this agency is responsible for examining, issuing, classifying, and maintaining records of all patents issued by the United States.

The Federal Trade Commission was established as an independent administrative agency pursuant to the Federal Trade Commission Act of 1914. The purpose of the FTC is to enforce the provisions of the Federal Trade Commission Act, which prohibits "unfair or deceptive acts or practices in commerce." The Clayton Antitrust Act (1914) also granted the FTC the authority to act against specific and unfair monopolistic practices. The FTC is considered to be a law enforcement agency, and like other such agencies it lacks punitive authority. Although the FTC cannot punish violatorsthat is the responsibility of the judicial systemit can issue cease and desist orders and argue cases in federal and administrative courts. (http://www.encyclopedia.com/topic/Federal_Trade_Commission.aspx)

The World Intellectual Property Organzation (as stated by the text on page 572) was formed to facilitate international agreements regulating intellectual property. WIPO is a policy-making body only, with no delegated authority to make binding decisions or impose sanctions.

The United States Department of Commerce  has a broad mandate to advance economic growth and jobs and opportunities for the American people. It has cross cutting  responsibilities in the areas of trade, technology, entrepreneurship, economic development, environmental stewardship and statistical research and analysis.(http://www.commerce.gov/about-department-commerce)

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