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WEEK 4 DISCUSSION – The Power of Advertising and Product Liability law:

  • The power of advertising is in its persuasive influence, and this influence can take several different forms. Research and explain one example of persuasive advertising within the last year that is unfair and deceptive and violates the law in regard to product liability. Be sure to identify and explain the law in your answer.  See Section 13-2: Advertising as a Contract Basis for Product Liability of your textbook. Provide support for your response.
  • Research the Internet or the Strayer Library for information about the latest activities by the Food and Drug Administration (FDA), Consumer Product Safety Commission (CPSC), and the National Highway Traffic Safety Administration (NHTSA). Analyze the current state of government regulation for product safety to determine whether each administrative agency is generally proactive or reactive. Provide one specific example within the last year from each agency.
  • Please read the Chapter on Product Liability – Chapter 13.  *Important point – the discussion is not on bad advertising – it is on deceptive advertising per the law and product liability. Thus, promoting that a product is safe and does what the manufacturer warrants that it does.

 

“Business Intellectual Property” – Please respond to the following questions: 

  • Identify and explain the forms of intellectual intangible property protection pursuant to the Chapter reading.  Then, provide an example of an ACTIVE business disputes involving intellectual property within the last two years.  Summarize the facts and the law in dispute of the case you found. Provide the outcome or, predict what you believe will be the outcome of the dispute for the example you provided. Justify your response. (Please find an example no other student has posted about)
  • What remedies are available to IP owners and what are the elements needed to prove and win a case in court.
  • What is the law in regards to employee’s IP rights and limitations when they are working “within the scope of their employment?”  This is a general question unless you are working.  If working, see if you can provide your employer’s policy and share with the class.  Provide a source for your answer.

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A Supermarket operate a distribution depot. Health and safety has been a low priority for a number of years, after the Health and Safety Manager resigning his post 18 months previous. The General Manager had not seen the need to replace him. There is an Occupational Health Nurse on site who has recently completed a two week NEBOSH General Certificate. She has been given day to day responsibility for health and safety management. She has no real experience of health and safety issues in a warehouse. Approximately 700 people are employed onsite, 7 days per week. A fleet of 100 counterbalanced fork lift truck are used to move goods around the warehouse. The trucks are fitted with fuel saving devices, which cut out the power when the operator is not on the seat. 73 of these trucks have had this device disabled by operators who considered it inconvenient. The trucks were subject to statutory inspection and general maintenance by the supplier, but this contract had lapsed when the Health and Safety Manager had left. As a short term measure the General Manager had asked Mr ‘x’ a general maintenance engineer to look after the trucks. Mr. ‘x’ was a fitter by trade and although happy to help out had no real experience in this area. Mr ‘x’ was also known to have a long standing heart problem. After he returned to work from a lengthy absence he had been instructed not to undertake any heavy work or be left alone in the workplace

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