Business Law (Essay Sample)

Business Law
Name
University
Question 1
In the case of Angela, there are steps that can be applied to ensure that the information involved qualifies as a trade secret. According to the analysis of the factors that determine the "trade secret" issue in business, the Uniform Trade Secret Act has outlines some of the key elements that qualifies information as a trade secret. First, Angela should ascertain the value of the information that has been developed in the PhD program. She should account for the value in terms of money, time or any effort implied on the information developed.
The second step that Angela would follow is to provide evidence and the necessary knowledge that proves that the information provided is not known to the others. The information concerning the advance maths should not be generally known to the other people who may have possibilities deriving economic value upon its disclosure.
Another key step that may be fundamental to Angela in determining that the information is a trade secret is based on the fact that she has to prove that the information may not be ascertainable through proper means by the people who may derive potential economic benefits from its use. Additionally, Angela may have to prove that the information she is trying to protect must be subject of the efforts to maintain its secrecy. For example, Angela may have to provide the necessary steps she took in attempt to maintain information secrecy.
Can Angela provide for copyright protection?
Angela cannot provide for copyright protection. According to the copyright protection act, the there are key issues or elements that are not subject to copy right protection. According to this implication, the ideas, such as processes and methods within which the innovative aspect of Angele exists does not form part of the copyright protection elements.
According to the copyright protection act, originality is also another issue that can be associated with the elements that may allow for the qualification of Angela’s idea to be qualified in the protection. From this implication it can be stated that the there was little originality that existed in the case of Angela. In fact, it has also been stated that the there is one of the staff who was able to make amends to the method applied in teaching maths as a way of ensuring that it becomes more appropriate. Angela may not claim for originality since it has also been accessible to the other people in the elementary schools. Such factors limit the qualification of Angela’s circumstance as a copyright protection element.
The patent infringement on the side of the professor
According to the case, there existed some part of patent infringement on the side of the professor. From this idea, it can be stated that the professors performed actions that shows infringement of exclusive rights of Angela. First, there was unauthorized use of the information concerning the method and process involved in solving maths in the elementary schools. The fact that the professor did not directly approach Angela to gain the authority to use the available information makes a patent infringement a relevant issue. There was also an act of contributory infringement on the side of the professor. The professor decided to use the process in a modified manner as part of the original work. Since there would be no substantial use of the invention by Angela, there is a high level of patent infringement that existed.
Question 2
The immigration status of Carl
According to the Immigration Act of 1986, Carl is a permanent immigrant worker in the United States of America. According to the information provided concerning the status of Carl, he is one of the known partners that are an establisher of the franchise. According to the information provided, the funds he supplied have also been utilized in purchasing of land and structures that are considered permanent in the United States. Given such circumstances, Carl experiences a permanent worker immigrant status since he is to take onto business activities within the United States on a permanent basis. Additionally, he would be among the management of the franchise business that has been established in the United States of America. Since the operating status of the franchise is also considered to take a permanent scope, it can be implied that Carl would take staying perspective in the operation of the business in the United States of America. Carl can also possess a permanent immigrant status due to the existing nature of his future management roles. He would take on the management once he is fully competent hence taking on a permanent residence from country X...