Securities and International Regulatory Agencies

Securities and International Regulatory Agencies
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Abstract
The study has explored the implications of ownership of intellectual property for the company and the vice president who is a new shareholder. It has explored the rights of the new invention by Bonner. The patent rights of the new technology still belong to the developing company. Provisions by the corporate law relieve the vice president of any liabilities which are related to the dispute between Bonner and the German-based company. Bonner also still owns the technology and experimental evidence is needed to prove allegations by the claimant. The study has identified the two companies as members of the world intellectual property organization (WIPO). This implies that the two companies are regulated by the WIPO convention. It has been considered that the conflict will be resolved at the WIPO arbitration and mediation center using the WIPO dispute resolution method. The procedure involves mediation as a precursor where a neutral mediator helps the two companies to reach an agreement. Its failure will lead to the next step where an arbitration tribunal will provide an enforceable award.
Keywords: ownership, rights, dispute, WIPO, procedure, arbitration, mediation, agreement, award

Discussion
Ownership and Liability
Companies are usually acquired by buying assets or stock. In our case, the vice president has purchased shares when the company is about to enroll a new technology with an ownership dispute.

According to Bryer & Simensky (2002), the ownership of trademarks, patents, and other intellectual property rights remain with the original business owner in the event of stock purchase acquisition. Bonner still owns the patented innovation developed by its workforce. In terms of liability, Bryer & Simensky (2002), denote that the transfer of shares and liabilities in stock purchases is created by the corporate law. Here, companies hold limited liability which means the shareholder cannot be sued in the dispute.
In the global arena, intellectual property rights are protected by world intellectual property organization (WIPO), which the United States and Germany are members. One of its common roles is resolving disputes on intellectual property rights. According to WIPO (2004), the agency provides that the infringement of patent rights should be proved in court. Bonner owns the tractor technology unless experimental evidence proves otherwise.
Conflict Resolution
The best way to resolve the dispute is through the WIPO dispute resolution method. This is because the dispute is in an international context. It’s less effective to rely on courts to deliver a fair judgment since the case involves companies in jurisdictions with different legal systems. According to (WIPO, 2004), the process of using a judgment from the claimant’s jurisdiction for enforcement in the defendant jurisdiction is always cumbersome. The judgment is likely to be unfair due to differences in legal culture, language and court procedures between the U.S and Germany.
Bonner and the Germany based company will resolve the dispute at the WIPO arbitration and mediation center. The center will provide mediation and arbitration services for the two companies. WIPO applies a dispute resolution procedure which starts with mediation where a neutral mediator helps the two parties to reach an agreement based on their interests (WIPO, 2004). Arbitration is applied upon the failure of mediation, where a tribunal of arbitrator accepted by the two parties works to reach an agreement. A legally enforceable award or settlement will be provided by the arbitrator.

References
WIPO. (2004). Intellectual property handbook. Retrieved from http://www.wipo.int/edocs/pubdocs/en/intproperty/489/wipo_pub_489.pdf
Bryer, Lanning G., and Melvin Simensky, eds. Intellectual property assets in mergers and acquisitions. Vol. 12. John Wiley & Sons, 2002.