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Copying
and pasting is not allowed, and all direct quotes must be put in quotation
marks and cited, to avoid plagiarism. Please
work on keeping the similarity score reasonably low, below 30% this year, with
no plagiarism. Don’t include the questions in your answers.
Please cite any sources used beyond those given below and provided,
although no additional sources are needed. Content including analysis and writing will be th emain measures for this essay. Please use
sentence/paragraph format throughout, although it does not have to be a
cohesive essay between the two questions.
1. Intellectual
property rights have very important implications in the health care field. According to the U.S. Constitution, intellectual
property law grants authors and inventors a limited monopoly to their writings
and discoveries. Intellectual property,
or the property of one’s mind, is a very important property right, along with
real property (real estate), and personal property (goods such as medical
supplies, discussed under contracts and tested on the contracts quiz).
Please answer all of the following completely, defining
legal terms.
Copyright:
What is a copyright, what does it cover, and how long does
it last in the U.S.? Briefly define and discuss. Please go to the Copyright Office’s web page
and do a search, under records, for an entity, an employer, a healthcare
provider, or an author or artist of interest to you. The URL is https//www.copyright.gov, and under resources, do
a search for copyright records. (Be sure to search “records,” and do not use
the general search engine at the top of the Copyright Office’s website,
copyright.gov, for this). You may search
for an author or artist by their last name first. You can also search for an organization such
as “Florida International University” or “Cleveland Clinic” also by name. Please discuss your findings and the number
and types of copyrights found. If the
person or organization you initially search for doesn’t have any copyrights,
please search for another who does. Please note that the actual copyrighted
material is not linked, just a description of what is copyrighted. (2 points)
Patent:
What is a patent, what does it cover (include the 3
different types), and how long does each last?
Briefly define and discuss. (3 points)
Patent law plays key role in healthcare. Please skim the article, “Innovations and
Development of Covid-19 Vaccines: A
Patent Review,” published October. 23, 2021 online in the Journal of Infection
and Public Health, available at: Innovations
and development of Covid-19 vaccines: A patent review – ScienceDirect
. Briefly discuss. Please follow the links in the articles for
three vaccine patents and briefly discuss. Moderna has pledged to not enforce its
vaccine patents during the pandemic and will also license its patented vaccine
technology. Please review and discuss
Moderna’s stance, available at: Statement
by Moderna on Intellectual Property Matters during the COVID-19 Pandemic |
Moderna, Inc. (modernatx.com) (3
points)
Trademark: What is a trademark, what does it cover,
and how long does it last? Briefly
discuss. (1 point)
At the US Patent and Trademark Office’s web page, uspto.gov,
under trademarks, go to the Design Search Code Manual. (This can be found under
Trademarks, go to Guides, Manuals, and Resources, please scroll to the bottom
to access the Design Search Code Manual.)
Please review several categories of interest to you and briefly discuss.
(Remember, only trademarks, not patents and copyrights, are protected under
both federal and state law, and one may register a state trademark through the
Secretary of State’s office). (1 point)
At the uspto.gov website, under trademarks, under search
trademark database (TESS), search for the trademarks of the company of interest
to you. How many do they have, and
generally for what types of things? Please
discuss the trademarks you find. (1
point)
One global
agreement is the WTO Agreement, which has many sub-agreements, including the
TRIPS Agreement. What is the WTO? How many members does it have, from its web
page, and what is the TRIPS Agreement, also from the WTO’s web page,
wto.org. The TRIPS Council has been
meeting regularly, as recently as Nov. 18, 2021, to discuss global access to
COVID-19 vaccines and treatment measures, but there remain differences of
opinions on the best way to proceed.
Please briefly skim and very briefly discuss: WTO |
2021 News items – Members to continue discussion
on a common COVID-19 IP response up until MC12Members to continue discussion
on a common COVID-19 IP response up until MC12 (1 point)
Please discuss an ethical or legal (or both) issue of
interest to you concerning intellectual property, other than the issues
discussed above. Explain and develop
your analysis in detail. Your analysis is very important, preparing you for
your health policy analysis paper (thesis) in a year. Spend substantial time on
this analysis. (2 points)
(14 points total)
2. At eeoc.gov, what
are the major anti-discrimination laws enforced in the U.S.? The laws themselves can be found under Home,
then Laws, Regulations and Guidance, and then under Federal Laws
(Statutes). Briefly discuss each of the
major anti-discrimination laws. (1 point)
Next, please select three areas of interest to you (which
can’t include your case study topic if you wrote on this issue), plus
retaliation, and discuss in detail, beyond the brief discussion above. These laws can be found at the eeoc.gov site,
under Home, then Laws, Regulations, and Guidance, on the right of the screen,
under discrimination by type. All three
you select may be from the same act, such as the Civil Rights Act of 1964. You may cite presenters in our class on this
topic. (2 points)
COVID-19 poses new challenges in the work place. Please review the EEOC document, What you
Should Know about COVID-19, the ADA, the Rehab Act, and Other EEO laws,
availalble at:
https://www.eeoc.gov/wysk/what-you-should-know-about-covid-19-and-ada-rehabilitation-act-and-other-eeo-laws
Briefly discuss. Be
sure to address at least the following: is
long COVID considered a disability; if the employer may require COVID-19 tests
or antibody tests; if the employer may ask employees if they have had COVID-19;
if the employer may ask employees if family members have had COVID-19; if the
employer may single out employees for questioning; and if the employer may
legally ask or do any of the above, what can the employer do if the employee
doesn’t answer or comply? What types of information must the employer keep
confidential? How may the employer
address reasonable accommodations absent undue hardship during COVID-19? What can an employer do to reduce
discrimination and harassment during and after the pandemic? On return to work, what should employers
do? Is asking or requiring an employee
to show proof of receiving a COVID-19 vaccination a prohibited
disability-related inquiry? What if an
employee says they cannot receive the vaccine due to a disability or sincerely
held religious belief?
Also, please briefly discuss something else of interest to
you in this document. What is your analysis of the EEOC document on employment
practices during COVID? (4 points)
At eeoc.gov, under Laws, Regulations and Guidance, please
review Prohibited Practices and select two of interest to you, and discuss. (1
point)
Very briefly explain the steps one takes to file a
charge. Under litigation statistics,
what are the most common types of discrimination suits filed, and what trends
do you see? (1 point)
What is the biggest legal and ethical issue in healthcare
employment specifically? Please discuss this
question in detail, including how we can correct these problems. Again, spend considerable time and thought on writing
and developing your analysis, in preparation for the thesis in a year.
(2 points)
(11 points total)

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