• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month
Page
  1. 1
    1
  2. 2
    2
  3. 3
    3
  4. 4
    4
  5. 5
    5
  6. 6
    6
  7. 7
    7
  8. 8
    8
  9. 9
    9
  10. 10
    10
  11. 11
    11
  12. 12
    12
  13. 13
    13
  14. 14
    14
  15. 15
    15
  16. 16
    16
  17. 17
    17
  18. 18
    18
  19. 19
    19
  20. 20
    20
  21. 21
    21
  22. 22
    22
  23. 23
    23
  24. 24
    24
  25. 25
    25
  26. 26
    26
  27. 27
    27
  28. 28
    28
  29. 29
    29
  30. 30
    30
  31. 31
    31
  32. 32
    32
  33. 33
    33
  34. 34
    34

An Introduction to the Law of Intellectual Property

Extracts from this document...

Introduction

THE INSTITUTE OF ACCOUNTANCY ARUSHA DEPARTMENT OF BUSINESS MANAGEMENT STUDIES BUSINESS LAW G.MALI "An Introduction to the Law of Intellectual Property" INTELLECTUAL PROPERTY Introduction The purpose of business law is to regulate the conduct of business in a given society. In so doing it protects both social and economic interests of the people at the same time promote competition among businessmen. Free competition if not regulated can abrogate the general nature and purpose of law in the society. In this context some interests such as intellectual property rights need to be protected for the benefits of the inventor. Intellectual Property or IP What is intellectual property? It is the property springing from human intellect, intellect being an ability to think in a logical way and understand things. Intellectual property therefore can be an idea, design, formula resulting from human intellect and the law prevents others from using it without his authority. The law of Intellectual property allows people to own their creativity and innovation in the same way that they can own physical property. The owner of IP can control and be rewarded for its use, and this encourages further innovation and creativity to the benefit of us all. In some cases IP gives rise to protection for ideas but in other areas there will have to be more elabouration of an idea before protection can arise. It will often not be possible to protect IP and gain IP rights (or APRs) unless they have been applied for and granted, but some IP protection such as copyright arises automatically, without any registration, as soon as there is a record in some form of what has been created. The four main types of IP are: * patents for inventions - new and improved products and processes that are capable of industrial application * trade marks for brand identity - of goods and services allowing distinctions to be made between different traders * designs for product appearance - of the whole or a part of ...read more.

Middle

or service mark belonging to him or a different proprietor and already on the register in respect of the same goods or services or closely related goods or services; or b) That, the mark or service can not be validly registered in respect of any goods or services because it so nearly resembles such a trade or service mark of different proprietor as to be likely to deceive or cause confusion as to the nature, geographical or origin; or c) That, the trade or service mark can not be validly registered in respect of any goods or service because the use of it is contrary to the law or morality. The notice of opposition must be made in writing with a statement of the grounds for the opposition. The Registrar is required to send a copy of that notice to the applicant who will within a prescribed time send to the Registrar a counter statement of the grounds on which he relies for his application. If the applicant sends such counter statement as aforesaid, the Registrar will furnish a copy thereof to a person giving notice of opposition. Thereafter, the Registrar shall hear the parties if so required and make decision thereof. A party dissatisfied by the decision of the Registrar may appeal to the High Court. Where the application for registration of a trade or service mark has been accepted, the Registrar shall register the trade or service mark. The registration shall be effective as from the date on which the application for registration was received (section 28(1) (b) of the TSMA 1986 of the Laws of Tanganyika). The registration of trade or service mark is be for a period of seven years from the date of registration but may be renewed from time to time (section 29). Effect of Registration One of the effects of registration is to disentitle any person to institute any proceedings to prevent or to recover damages for infringement of unregistered trade mark. ...read more.

Conclusion

this rights of the injured party, in such case such injured party may only require that such measures be undertaken as to achieve this effect. d) The injured party may require that the copies and equipment be delivered to him, in whole or in part, for an equitable price which shall not exceed production cost. Exceptions Where the infringement was neither intentional nor negligent the demands of injured party as said above may be set aside and require the defendant indemnify in money the injured party if execution of aforesaid demands would produce for him a serious and disproportionate injury. The damages payable shall be such an amount as would have constituted an equitable remuneration had the right been granted by contract. Payment of such damages shall constitute the injured party's consent to utilization within customary limits. (Section 41) 3. Offences and legal sanctions (sect. 42) Apart from civil remedies available to the injured party, the infringer may also be charge for criminal offence under the same Act. It is provided by section 42(1) of the Copyright and Neighbouring Rights Act, 1999 of the laws of Tanganyika that "any person who knowingly violates or causes to be violated, the right protected under this Act shall be liable to- a) A fine not exceeding Tsh.5, 000,000. or to imprisonment for a term not exceeding three years or both, for the first offence if the infringement was on commercial basis; and b) A fine not exceeding Tsh.10, 000,000. Or to imprisonment for a term not exceeding five years or both, for each subsequent offence if the infringement was on commercial basis. It is also an offence for a person to import or distribute copies or folklore4 copies derived from the United Republic of Tanzania, or copies of translations, adaptations, arrangement or other transformations of such expression of folklore made abroad without authority. A person found guilty of that offence is liable to a fine not exceeding Tsh.10, 000,000.or imprisonment for a term not exceeding ten years. ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our University Degree Jurisprudence section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related University Degree Jurisprudence essays

  1. Overriding interests - LRA 2002.

    been implemented within one year of the date of disposition, and at which time of the disposition is not within the actual knowledge of the person to whom the dispositions made or would not have been obvious on a reasonable careful inspection of the land over which the easement or profit is exercisable, will not override first registration8.

  2. Of What Value is Gramsci's Concept of Hegemony to our Understanding of Law Today?

    was one aspect of domination, with the other being persuasion, or leadership (in the form of positive law), and this entailed some form of voluntary submission. While Gramsci still looked toward the establishment of a "proletarian hegemony", he developed a new respect for the depth of the existing hegemony.

  1. Feminism in the UK. As feminists claim the personal is the political they ...

    It gave positive values to women, women who were once seen as the emotional housewives that were not capable of dealing with such matters of politics. Saying this Thatcher was in fact not there to represent women but to be a leader in politics.

  2. Is Dworkin a natural lawyer? Before examining the Dworkinian perspective, it is important to ...

    with a different intellectual topography: we might treat law not as separate from but as a department of morality'22. Such a phrase signals the turning points for his next development within jurisprudence, the one system approach, visited in his subsequent publication Justice for Hedgehogs.

  1. 2nd Amendment Pro Gun Ownership.

    Taxation will lead to licensure or registration. Lets not forget, once a "Right" is licensed or registered it is no longer a "right," but a privilege, and a privilege is subject to be revoked by the government. Finally, to those worried about concealed carry license, the main objective is to NEVER give the government the serial number

  2. How have law and international institutions sought to promote human rights globally? To what ...

    However, it is often assumed that a more towards a more democratically elected government goes hand-in-hand with improved human rights records. However, democracy and human rights have very different and often competing theoretical and moral foundations. Democracy is a fundamentally collectivist political theory concerned with the common good, whereas human

  1. Essay on how judges decide cases

    Integrity demands that public standards of the community be both made and seen, so far as this is possible, to express a single, coherent scheme of justice and fairness in the right relation. It also requires that the rationalising principle of the decision at hand be part of a pattern

  2. Jurisprudence - Conjoined Twins - Evaluate the contention that the Court of Appeals determination ...

    ?We cannot begin to accept or contemplate that one of our children should die to enable the other one to survive. That is not God?s will. Everyone has the right to life so why should we kill one of our daughters to enable the other to survive.?[18] The hospital therefore

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work