Manager and the Legal Environment Intellectual Property

Question: Describe about the Manager and the Legal Environment? Answer: It has been a constant age of rivalry between the two international brands of smartphone namely Apple Inc and Samsung. This rivalry has reached the Courts on various instances and the decisions of the courts in this regard have seen various colors. The present article is another such article where the partial court win of Apple over Samsung has been discussed. 1: The specific legal issues raised in the Article are that whether it is justified by the Court to not extend the protection on the beauty of the phone as far as the perpetual coverage is in question (Slind-Flor, 2015). A similar view regarding the Solar Panel Wind Deflector has also been discussed in the article. 2: The law in this regard has been used as a source of advantage. Because Apple Inc initially proposed that the looks of their iphones should be extended protection, they claimed that Samsung had copied the beauty and the design and soon thereafter launched their galaxy series. However, Samsung claimed that for bringing about a claim of copyright infringement, the presence of deceptive similarity is essential (Slind-Flor, 2015). The two phones looked entirely different from each other and a prospective buyer could easily locate the differences between the looks and the features of the two phones. Thus, this aspect of the law was used for deriving advantage in this matter. 3: Post the decision of the Court, Apple Inc decided to extend its copyrights on the software and the design under a separate application to the authorized signatory. This measure taken by Apple will allow the company to have an extension over the area on which its copyrights lie and thus, the alleged infringements claimed by them will be substantiated. Post this development; it will be a landmark improvement in the intellectual property standard on all the multinational companies in the world (Guadamuz, 2010). What needs to be ascertained is that whether the authorities will agree to extend protection in this regard or not. The unique and innovative design of the iphones is indeed an aspect of protection. 4: The legal strategy followed by the party is essentially that of transformation. While earlier, the company did not have a copyright or trademark protection over the design of their phones, the similar kind of phones is essentially giving them a competition in the market. Because phones as such cannot have anything else in their features, it is likely that there will be similarity in the looks of the phones (Arrowsmith, 2013). This copyright protection is likely to be a stern concern for all the manufacturers of mobile phones and hence the protection is sought by the company. As they want to improvise the already existing protection, hence, it can be said to be a transformational approach. 5: A competitor should initially try to put a ban on the extension of copyright in this matter as the essence of copyright is based upon the intellectual content of a thing (Bainbridge, 2002). However, with respect to phones, there is nothing that is intellectually created apart from the software and the technology and hence, a copyright over the design of a phone would go against the essence of the law. References Arrowsmith, P. (2013). The relevance of the product in the scope of registered designs.Journal Of Intellectual Property Law Practice,8(11), 876-878. doi:10.1093/jiplp/jpt158 Bainbridge, D. (2002).Intellectual property. Harlow, England: Longman. Guadamuz, A. (2010). The rise and rise of the software licence.Journal Of Intellectual Property Law Practice,6(2), 128-129. doi:10.1093/jiplp/jpq133 Slind-Flor, V. (2015).Apple-Samsung, Google, Etsy Marks: Intellectual Property.Bloomberg.com. Retrieved 3 September 2015, from https://www.bloomberg.com/news/articles/2015-05-19/apple-samsung-google-aaa-etsy-marks-intellectual-property