“Intellectual Property Rights and Legal Forces”

Watch the following two videos, “BMW Goes to War Against Chinese Carmaker” and “The 2nd Amendment to China’s Patent Law.”

The primary types of intellectual property include patents, trademarks, trade names, copyrights, and trade secrets. Intellectual property often is a key factor in enabling companies to differentiate themselves and their products or services from those of their competitors, and therefore they can be a key factor underlying a firm’s competitive advantage within and across nations. Protecting these intellectual properties is an important objective, legally and strategically.

What are the various forms of dispute resolution available to BMW? What are the advantages and disadvantages of each for BMW? Would your analysis be any different if the customer was from China and other developing countries (i.e. BRICs, ASEAN, etc.)? What if the customer was from the G-7 countries such as the United Kingdom and the United States? What should be the company’s strategies in these situations? Support your comments with information from your research. Illustrate and reinforce your answer with practical examples.

Special remarks: I know in the past that students have appreciated exploring this issue from both sides of the political and legal debate. I hope that you enjoy this academic freedom in making this a lively discussion since the topic this week can be passionate. Nevertheless, it is important to remember this is an academic class and NOT a political forum. Opinions are O.K. if and when backed up by quality sources and research. Also, keep in mind this is a discussion that should also be focused on the perspective of international business and economics, not individual interests.

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