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Intellectual Property Law.

Extracts from this document...

Introduction

Intellectual Property Law Law 5695 Assessed Essays, semester 2: David Lange, writing in 1981, suggested that "the growth of intellectual property in recent years has been uncontrolled to the point of recklessness." As a consequence he suggested that the "recognition of new intellectual property interests should be offset by equally deliberate recognition of individual rights in the public domain." With reference to copyright law in particular, critically assess the meaning and significance of the 'the public domain'. By Miss Xin Qi Student No. 20120000562701 LLM International European Business Law Total No of words: 4756 For the attention of Ronan Deazley. Bibliography: Books: Bently.L & Sherman.B, Intellectual Property law, 1st ed., (Oxford University Press, 2001). Paul Torremans, Intellectual Property law, 2nd ed., (Butterworths, 1998) Simon Stokes, "The copyright system: Its justification and history", in Art & copyright (Hart Publishing, 2001) W. R. Cornish, Intellectual Property: Patents, Copyright, Trade Marks and Allied Rights, 4th ed., (Sweet & Maxwell, 1999). Keith E. Maskus, Intellectual property rights in the global economy, (Institute for international economics, 2000) Articles: David Lange, "Recognising public domain", (1981) Law and Contemporary Problems, 147 Gordon, "A property right in self-expression: Equality and individualism in the natural law of intellectual property" (1993) Yale Law Journal 1533 James Boyle, "The second enclosure movement and the construction of the public domain", (2001) Conference on the public domain (Nov 9-11) Jessica Litman, "The public domain", (1990) Emory Law Journal, 965 Edward Samuels, "The public domain in copyright law", (1993), Journal of the copyright society 137 Jeremy Phillips, "The diminishing domain", (1996), European Intellectual Property Review Jonathan Griffiths, "Copyright in the English literature: denying the public domain", (2000), European Intellectual Property Review Norma Dawson, "Copyright in the European Union: Plundering the public domain", (1996) NILQ 193 Wendy J. Gordon, A Property Right in Self-Expression: Equality and Individualism in the Natural Law of Intellectual Property, (1993)102 Yale L.J. 1533 William Van Caenegem, "The public domain: Scientia nullius", (2002), European Intellectual Property Review Introduction: Nowadays Intellectual Property has attracted a lot of attention due to the development of modern international trade. ...read more.

Middle

Nevertheless, since no specific regulation for how long the duration could be, in the name of the best interests of the deceased author, the duration of copyright protection is extended to an incredibly situation which in many cases the time last for a considerable seventy years after the death of the author of the work, nevertheless will the author be enhanced any incentive to create just because their work will be protected for many decades after his death? This reason for extension seems lack of persuasion and too pale. The very important result for the extension is to limit the scope of the public domain without question. Under the Copyright Act 1911 and the Copyright Act 1956 unpublished works were protected in perpetuity. The following CPDA codified all pre-existing copyright rules, abolished potentially perpetual copyright, and ruled that the unpublished works the author of which had already died, the protection has a finite term of protection of 50 years from the end of the year in which the Act came into force.28 Under the following Copyright and Related Rights Regulations 1996, the protection for a previously unpublished work could potentially be extended for a further 25 years following the end of the copyright term.29 As a result, in some special circumstance the copyright will last for hundreds of years. It is long been argued the right of first publication of a work is an essential component of the moral right of an author. Therefore, if copyright law system were being designed ab initio, it is obviously little reason for introducing especially long periods of protection for works unpublished in an author's lifetime. In the American cop It is also sometimes argued that the right of first publication of a work is an essential component of the moral right of an author, the duration has been extended from a term of 14 years in the copyright act of 1790, (assuming that all formalities were met, and subject to renewal for another 14 years) ...read more.

Conclusion

Brown, Jr., Unification: A Cheerful Requiem for Common Law Copyright, 24 U.C.L.A. L.Rev. 1070 (1977); 20 Edward Samuels, supra note 4. 21 Ibid 22 Jessica Litman, supra note 6. 23 Edward Samuels, supra note 4. 24 L. Ray Patterson & Stanley W. Lindberg, The Nature of Copyright: A Law of Users' Rights (1991) 25 Jeremy Phillips, op.cit. 26 Jeremy Phillips, "The diminishing domain", (1996), European Intellectual Property Review 27 Ibid. 28 Copyright, Designs and Patents Act 1988, Sched. I, para. 12 (4) (a). 29 Reg. 16 of the Copyright and Related Rights Regulations 1996 (S.I. 1996 No. 2967) 30 46 BNA'S PTCJ 293 ,304. 31 William Van Caenegem, "The public domain: Scientia nullius", (2002), European Intellectual Property Review 32 Jonathan Griffiths, op.cit. 33 CDPA ss1 and 3(2). 34 CA 1911 S 1 (2). 35 CA 1956 S12-S16. 36 S. 401 of the 1988 Act. 37 Rexnord, Inc. v. Modern Handling Systems, Inc., 379 F.Supp. 1190, 1199 (D.Del. 1974); Schuchart & Assoc. v. Solo Serve Corp., 220 U.S.P.Q. 170, 183, 1983 WL 1147 at 39 (W.D.Tex. 1983). 38 Article 1 of the protocol of the ECHR. 39 See generally Patry, The Fair Use Privilege in Copyright Law (1994) and Goldstein, Copyright's Highway (1994). 40 CDPA S 29, S 30. 41 ITP v. Time out [1984] FSR 64 42 S 29 (1) 43 S 30 (1) 44 S30 (2) 45 S 163 (a) 46 [1983] FSR 545, 47 [1963] Ch 587 48 S 171 (3). 49 [2000] All E.R.(D) 156. 50 William Van Caenegem, op.cit. 51 Jeremy Phillips, "The diminishing domain", (1996), European Intellectual Property Review 52 Edward Samuels, "The public domain in copyright law", (1993), Journal of the copyright society 137 53 Ibid 54 Jeremy Phillips, "The diminishing domain", (1996), European Intellectual Property Review 55 Ibid 56 William Van Caenegem, "The public domain: Scientia nullius", (2002), European Intellectual Property Review 57 Wendy J. Gordon, A Property Right in Self-Expression: Equality and Individualism in the Natural Law of Intellectual Property, (1993)102 Yale L.J. 1533 58 Edward Samuels, supra note 4. ?? ?? ?? ?? 1 ...read more.

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