Myob Analysis

An Introduction to the Law and Economics of Intellectual Property Author(s): Stanley M. Besen and Leo J. Raskind Reviewed work(s): Source: The Journal of Economic Perspectives, Vol. 5, No. 1 (Winter, 1991), pp. 3-27 Published by: American Economic Association Stable URL: http://www.jstor.org/stable/1942699 . Accessed: 24/11/2011 08:39

The SWOT analysis is a method used by organisations as a marketing strategy to better understand and identify positive and negative factors effecting the business, in present and in the future  ( Elliott, Rundle-Thiele, Waller, 2010).  The purpose of this essay is to develop a SWOT analysis for Foxtel, which is a pay-TV company that was first introduced to the Australian market in October of 1995 (Kim Williams 2009).  Foxtel

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The following examines the nation of China and its trade relations with the world, particularly the United States. The focus is primarily on China’s culture and how it impacts business dealings with other countries. Areas examined include: Religion, Management Philosophy, and Business Etiquette. Also discussed is China’s growing status as a world super power and how that has impacted the global business landscape. Likewise, various trading partners are examined and the effects of doing business with China, specifically for the United States. Points of concern for the United States are things such as the

The World Intellectual Property Organization (n.d.) helps one understand the importance of protecting intellectual property. They have spelled out several reasons of this importance including inventing new works in technology and culture, which allows progress to be made that, can be utilized worldwide. In addition, the legal protection of intellectual property encourages the commitment of additional resources for further modernization. Finally, promoting and protecting intellectual property encourages economic growth. It creates new jobs and industries. Protecting intellectual property also enhances the quality and

But before 1990, nobody had really heard of “Made in China.” In the 1990s, after the reform and opening-up policy, the Chinese government encouraged companies to build factories and conduct business both domestically and internationally, providing resources with loosened surveillance. With the low cost of labor, capital chased profit, greed like new vampires’s longing for blood and factories sprang up overnight. As you can see from the chart 1 below, from 1990 to 2008, the total value of China’s exports went crazy with an average annual growth rate approximately around 20% (Chart 1). Even though it was considered a great success by the government, “Made in China” didn’t make a good first impression to the world. Along with this “efficient,” probably too efficient, large amount of manufacturing without proper supervision, came with the reputation of cheap in price, quality, design and technology. Export products in traditional “Made in China” were mostly focusing on labor-intensive industries - shoes, cloths, bags and even some fake arts. A 53 minute documentary made in 2007 shows the fake painting market in China, where you can buy a piece of Da Vinci or Van Gogh for just thirty dollars. The business is booming there, while the author questions the copy-artists’ motive in doing this: in the name of art, what is really going on

In recent years, Chinese government has also made great effort in executing these laws[1, 12]. Chinese government launched different anti-piracy campaigns almost every year. During these campaigns, Chinese government raided underground markets, confiscated million copies of pirate software, closed factories of manufacturing counterfeit intellectual products and destroyed hundred product lines. In order to fight against piracy more effectively, China established her first national anti-piracy organization, Anti-Piracy Committee, in October 2002[5]. Besides, Chinese Courts granted favor to many international companies in their case to sue Chinese companies for illegally using their patents, copyrights and other intellectual properties[1, 4, 10]. For example, Microsoft sued two Chinese companies for such abuse and won its case in a Beijing court in February 1999[10].

Intellectual property is very important as American business continues to expand and develops. Businesses are now attempting to penetrate foreign markets which are unique in their laws, customers and beliefs. As such, it is important for business to protect the intellectual capital that made their operations thrive and flourish. It is the nature of capitalism to copy or mimic successful products. It is when companies outright copy a trademark or patented process that complications arise. Intellectual property is no different in this regard. China specifically, has been notorious for infringing on American companies intellectual capital. WIPO defines refers to counterfeiting as "infringement on trademarks," and piracy as "infringement on copyright or related acts (Jacobson, 2008)." 5 to 7 percent of all world trade is comprised of piracy and counterfeiting. Piracy rates within China were at an alarming 92% ( Cheng, 2011).Nearly 1.3 Billion people now live in China, of which approximately 90% of them pirate software or commit other versions of cybercrime against intellectual property. The likelihood of actually getting caught for this offense is unlikely due in part to the sheer volume of citizens within the country. Would it be practical or even worthwhile to catch every small business counterfeiter within China? If so, what is to prevent another person from committing the same offense? With the ease of access to technology, I believe that literally any one of the 1.3

With China emerging as a global power in business within the last decade, knowing about doing business in China has become more important than ever. There are both many advantanges and challenges with doing business in China in this modern era, and understanding both sides of this coin is the key to being successful in China. Some aspects to keep in mind include the cultural barrier, the price of the work force in China compared to the United States, and have the “made in China” brand be accepted back in the United States.

Copyright, patents, and intellectual property laws are strong in the United States. However, different countries abroad may have lesser laws (or completely ignore) the proprietary usage of these intellectual properties.

Fock, H K. Y. and Woo. K.S. (1998). The China Market: Strategic Implications of Guanxi. Business Strategy Review, 9(3):

Not only do Chinese companies and state-actors steal American intellectual property, they also use this stolen IP to unfairly compete with American companies in the Chinese market. This is done through the China Compulsory Certificate (CCC). All foreign companies must obtain this safety certificate before participating in Chinese markets (Blair). However, when the certification is obtained China demands that companies provide detailed schematics of their products which the Chinese government then provides to Chinese companies, enabling IP theft and counterfeiting (Blair). To solve this problem the DHS proposes that the CCC commision submit itself to a non-partisan international oversight body which will protect the safety of Chinese consumers, the stated purpose of the CCC. Moreover, the oversight body will ensure the CCC is not abused to disadvantage foreign companies. Understandably, political pressure will be needed to ensure that China allows this policy.

According to the speech by Thomas Yih (2010), the assistant president and general counsel, Shanda Games Limited, the developing scale of online gaming in China could be described by numbers, including the number of the broadband users exceeded the entire population of America and the complex annual growth rate of China 's internet users was 36 percent from 2005 to 2009. By the end of this period, the number of online game players in China reached 296 million, occupying more than two thirds of the total internet user in the nation. Not only Shanda Games Limited noticed the big opportunity, but also many commercial subjects has been attracted by its predictable business outlook. Therefore, severe conflicts related to copyright infringement between different companies during the competition convey the significance of protecting copyright in China.

Phenomenons of indirect patent infringement in China have become increasingly serious, however，as mentioned above，the system of indirect infringement is not prescribed in Chinese patent law, therefore，although there have been a number of judicial practice of indirect patent infringement cases, there are still no general rules， the trial basis of indirect patent infringement cases in courts across the country is inconsistent. Many judges use Article 130 of the General Principles of the Civil Law and Article 148 of the Supreme People 's Court 's (SPC) Opinions on Several Issues Relating to the Implementation of the General Principles of the Civil Law as trial basis, while others follow indirect infringement of patent principles directly to judge infringement.

This thesis is to address the possibility of adapting the patent law in Taiwan, compared with what is done in India. These adjustments utilize the so-called “TRIPS flexibilities” embodied in the TRIPS Agreement (The Agreement on Trade Related Aspects of Intellectual Property Rights), as Annex 1C of the Marrakesh Agreement establishing the World Trade Organization (hereinafter the WTO) which came into effect in January, 1995. As a trade-off between promoting knowledge diffusion and exclusivity to use the knowledge, the patent system is part of the minimum standard established in the course of the globalization of intellectual property right (IPR). The formation of TRIPS also demonstrates that the strength of private sector and