Question

PromptMichael and Johnny are sitting at a bar having a few beers. Michael is a product engineer and Johnny is an electrical engineer. Johnny says it would be interesting if someone could create a product that not only kept beer cold but could tell your blood alcohol content just by holding it. Michael agrees that's a great idea. Johnny tells Michael more about his idea and shows him the schematic of his concept. Several months later Michael has applied for a patent for the BA Colder; a sleeve for beer that tells the BAC of whoever is holding it.-Was there a contract of any kind?-Who has legal rights to the concept?-Is there any intellectual property violation?-Discuss any other concepts you feel are relevant.What You Will Turn In:A written APA formatted paper of at least 750 words with at least three references and citations.

Answer 1

Answer:

No, there was no arrangement of any kind. It was either a common idea or a notion that Johnny shared with Michael.

Explanation:

There are a range of contracts or agreements, depending on the stage of the implementation of the concept of the invention, to safeguard the rights of the various stakeholders to the intellectual property of modern, concrete and original concepts and also to prevent any misuse or misappropriation of the concept, as follows-

• Non-disclosure policy on confidentiality.
• Non-compete agreement on the non-appeal of product rights by the recipient or listener of the definition.
• Function on the contract of hire-employed if there is a co-inventor against any fraud.

And, in that case, there were none of the above agreements.

-In addition, ideas can not be covered solely until they are an Express that is real, original, and feasible. Since copyright protects speech and patents against inventions, the mere concept or idea of a product can not guarantee any legal right to design.

In fact, Mr. Johnny had not previously submitted a provisional patent application to defend his concept. It plays an important role in certain countries, such as the US, where the applicant can protect his idea on a provisional basis for up to one year by enabling his idea to be classified as 'patent pending.'

So, according to the above statements & evidence, Johnny did not have the legal right to the definition, but Michael did.

-Yeah, this is a breach of intellectual property rights. Since the term or idea was not Michael's own, it was taken from Johnny. But Johnny did not have the intellectual property right lodged to sue Michael due to lack of facts, i.e. an agreement signed by Michael against non-disclosure or non-competition.