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University Degree: Intellectual Property Law

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  1. Should Internet Service Providers be liable for the copyright infringements of their account holders using P2P and BitTorrent software?

    II LEGAL ISSUES SURROUNDING THE DEBATE The main legal issue that has arisen from file sharing technology is copyright holders' loss of control over their exclusive rights to reproduce and communicate digital works.6 The excelled advancement of technology continually challenges copyright holders' control over their creative material. Traditionally, the main means of copyright enforcement was to directly prosecute individual infringers and content providers. However this has proven to be expensive, time consuming and ineffective, resulting in continuous copyright infringements, and the emergence of new advanced business models.7 These unsuccessful attempts to mitigate copyright infringement through traditional means has led rights'

    • Word count: 5690
  2. Copyright Property Law Case. The particular case study that applies to this material is the case of Dr. Harold Hefner, who subscribes to a popular scientific journal that is published weekly and available on the internet. To access the online material he

    He encourages his trainees to print copies of applicable articles from the online journal. However, he cautions them that they should only make copies for personal use, in order to not violate the fair use doctrine of the copyright laws. Some of the trainees use the available online journals, while others refuse to use the information. They argue that the practice is different from using the printed journal to make a copy for personal use. Ultimately, Dr.Hefner has to make a decision to continue circulating the journals amongst his lab trainees or to take another route to create a solution to the problem at hand.

    • Word count: 1653
  3. Discuss using case law what changes the Land Registration Act 2002 has made to actual occupation or to the receipt of profits from the Land Registration Act 1925 s.70(1)(g).

    Once registered, the Land Registry guarantees the accuracy of the registration of title. A title information document is issued with an official copy of the Register and an official copy of the title plan. These documents have no legal effect. It is the official entry on the register that records ownership.2 The Land Charges Register and the doctrine of notices are irrelevant to registered land. Acc to sec27(1)3Legal titles does not from vendor to purchaser with conveyance or transfer, the purchaser only becomes the legal proprietor when the disposition is registered at the land registry.

    • Word count: 2369
  4. Contrary to popular belief, the law is reasonably well equipped to deal with computer crime and has been substantially strengthened by recent legislation. Discuss

    the term embodies not only the machine, or hardware, but also the software or programs, including the ROM.11 The Internet is an electronic communication system12 which uses a network of computers that communicate with each other, under a person(s) control, via the telecommunication system and was recently described as "the playground of criminals'.13 Terminology can be somewhat clouded as computer crimes can be distinguished from computer-enabled cybercrimes although both come under the umbrella term e-crimes.14 Sharon Lemon15 divided these e-crimes into two categories16 depending on whether computer technology has facilitated traditional criminal activities such as theft, fraud and pornographic material,

    • Word count: 5807
  5. Intellectual Property Right

    It creates vested interests, widens and speeds up inequality. In this essay, I will post the main arguments namely: market failure dilemma of IPR, intense competition, developing phases, human rights and inequality. Also, I will provide examples to support my stance. Market failure dilemma of IPR-under supply vs. under consumption of knowledge It is crucial to identify the purpose of the IPR protection. It aims to provide solution to the problem of the under-supply of knowledge (as it is a public good which causes market failure), by creating incentives to develop knowledge.

    • Word count: 1913
  6. Creative Commons - Rebalancing the Copyright Bargain in the Digital Age

    Works that either did not fall within copyright, or whose terms had expired, automatically permitted unrestricted use by anyone.15 Historically, works in the public domain attracted little attention because the ability to reproduce and publish works was limited to commercial distributors.16 It is only in recent years, with the advent of modern technology, that the public domain has drawn closer scrutiny regarding the long standing problems with an 'all or nothing' application of copyright.17 2.3 Problems with Copyright. Copyright law provides universally exclusive rights to creators (or those who own the copyright)

    • Word count: 6036
  7. Adverse Possession

    Until the Land Registration Act of 2002, adverse possession was governed by section 15 of the Limitation Act 1980 and the Land Registration Act 1925. The LRA 1925 held that after 12 years of adverse possession the land in question would be deemed to have been held "in trust for the squatter"3. That is to say, the 'squatter' is held to have been the beneficial owner. The LRA 1925 worked in conjunction with the Limitation Act 1980 which held that an action could not be brought forward after a certain amount of time.

    • Word count: 1634
  8. Doctrine of Originality in IPR

    SECTION I "SWEAT OF THE BROW" TO "MODICUM OF CREATIVITY" As already stated, there are competing views worldwide on the meaning of originality and the situation is worsened as none of the copyright statutes define the term original.7 Consequently, there were two parallel views of the originality requirement being applied simultaneously across jurisdictions. One school of thought holds that 'industrious collection' which involves only application of skill and labour without even the least bit of creativity is sufficient to warrant copyright protection.8 All that is required is that the work originates from the author and is more than a mere copy of an original work.9 As per this school, copyright has no basis in any creative merit.

    • Word count: 3418
  9. Implementation of Enterprise system at Dyson

    For successful implementation of ERP system it is essential that some experienced personnel monitoring the activity identify the requirements for change. A suitable CBA would help. A report is attached for the careful consideration of the managing director of Dyson. Which mainly focus on enterprise system, enterprise resource planning, core processes and its key issues and future implications. CONTENTS INTRODUCTION.....................................................................PAGE 4 ORGANZIING AND MANAGING KEY RESOURCES........................PAGE 5 5.1 Data........................................................................ 5.2 Information............................................................... 5.3 Knowledge............................................................... 5.4 Core processes........................................................... 5.5 Higher level information needs........................................

    • Word count: 2857
  10. Trademarks and Passing Off

    In order to succeed in an action for passing off the claimant (Glamix) must establish: '(i) that the claimant has 'goodwill', (ii) the defendant made a 'misrepresentation' that is likely to deceive the public', and (iii) the misrepresentation damages the goodwill of the claimant.'8 Glamix is required to show that each of elements of the classic trinity existed at the time they suspect the passing off occurred. The first element that needs to be established in a claim for passing off is goodwill.9 Glamix is a trader operating in trade and must demonstrate that they have enough goodwill for their

    • Word count: 2240
  11. property law

    The classic definition of equity as part of English law is that of the legal historian, Maitland1: "We ought to think of Equity as supplementary law, a sort of appendix added on to our code, or a sort of gloss written around out code, an appendix or gloss, which used to be administered in courts specifically designed for the purpose, but which is now administered by the High Court as part of the code." Equity is thus a set of rules, additional to those of the common law, which were not applied by the old common law courts and, until the Judicature Acts 1873-1875, were only applied in the separate Court of Chancery.

    • Word count: 2131
  12. Intellectual Property

    Firstly, the company followed with CIGET-Pinar Del Rio (Centre Information and Technology Management) to ask more information about protecting and discover the trade name as a trademark. The Cuban legal system required a trademark before was registered under the national trademark law of obtaining trademark rights in its territory. Secondly, the company contact and requested with OCPI (the Cuban Industrial Property Office) for making a trademark search with overview the trade name before the process to apply for protection of the company's trade name. In this action, OCPI found that "Alba" trademark had registered in Cuba by a Miroglio Tessile (Dominican citizen)

    • Word count: 737
  13. Essay question on the extent to which the Trade Marks Act 1994 has expanded the range of product attributes that could be registered as a trade mark

    After this I will evaluate the extent to which the legislation has achieved its goals. Over the course of this essay I hope to show that the legislation has had limited success in expanding the range of registrable product attributes, but also I wish to contest the assertion that the legislation was passed with the direct intention of expanding such attributes to any significant degree. The Trade Marks Act 1994 was the result of the European Union's aspiration to approximate the trade mark laws of member states. Section 1 of the legislation defines a trade mark as "any sign capable of being represented graphically which is capable of distinguishing goods or services of one undertaking from those of other undertakings".

    • Word count: 1745
  14. MCPS's historical development, aims, purpose and functions within the music industry

    The mechanical licence as it is called is the permission to "reproduce the song on a sound recording". (Page 80. Harrison, A. 2003) The mechanical right consists of three rights from the Copyright Designs & Patents Act 1988, which are the right to copy the work, the right to issue copies of the work to the public and the right to rent or lend the work to the public. It would be very complicated if the music user wanted to use a musical work but had to seek and find out the owner of the music and then negotiate on a individual work-by-work basis.

    • Word count: 1519
  15. Consider the idea of inventions the commercial exploitation of which would be contrary to ordre public or morality. [EPC2000, Article 53(a)] Contrast these types of patent subject matter with other related subject matter which has been found to be patentable. Where do the borders of morality/immorality seem to lie in current law?

    Additionally, processes for modifying the genetic identity of animals which are likely to cause them suffering without any substantial medical benefit to man or animal, and also animals resulting from such processes[8] are not patentable due to moral issues. In case of plant breeding or biotech seeds, besides the fact that European Parliament called the EPO also to exclude from patenting products derived from conventional breeding and all conventional breeding methods, including SMART breeding (precision breeding)

    • Word count: 1178
  16. Using the patent specification obtained from patent number GB2419438, briefly describe the nature of the actual invention in the specification and relate this to the requirement for novelty in a patentable invention.

    economic dispatch program that uses said known pollution control and load set-points of various power plants as decision criteria for a consideration of pollution control costs throughout the power plants in the power grid, whereas the inventive allocation of the load demand is conducted by considering pollution credits available to the various power plants during operation for allocating the load demand and pollution control strategies. In general, novelty can be interpreted like a boat in a pond, whereas the boat stands for the essential features and the pond marks the technical field whereas the water level of the pond represents the known state of the art.

    • Word count: 818
  17. Critically analyse what makes for sufficient disclosure in the description of a patentable invention, focusing in particular on Biogen v Medeva and subsequent related cases. Is this a case of one rule for simple products and another for complex product-by-process claims?

    was dealing with product-by-process claims in Biogen, it held that this claim category comes under the same judicial consideration as applied to simple product claims with regard to sufficient disclosure[10], and therefore, it is insufficient if a person skilled in the art is enabled by the disclosure to perform a single embodiment of the claimed invention by following the teaching of the specification[11]. This means, that in the light of the above mentioned undue claim width doctrine and with regard to immature fields in historical sense the reasoning that the specification must make up for sufficient disclosure that enables the

    • Word count: 1454
  18. What are the key issues in relation to protection of computer-implemented inventions by the patent regime? What are the main alternative approaches to protecting IP investment in this field? What differences (if any) exist between the way CII patents are approached in the United Kingdom and Europe? How do those approaches compare with those of other national regimes?

    The alternatives of protection for software are copyright, trade secrets and the sui generis right of database protection[6]. Those alternatives are strongly depending on the intended purpose of software creation in their particular field. Although both, the UK and the EPO exclude software per se from being patentable, respectively, differences with regard to computer-implemented inventions are found in the definition to come under the patentability as well as the test therefore under the respective law. In the UK, the Aerotel/Macrossan[7] decision established a four-stage test for the patentability, whereas at the Appeal Court the main issue was the whether the

    • Word count: 887
  19. Critically evaluate the factors listed by Laddie J as relevant to deciding whether a claimed invention is obvious to a person skilled in the relevant art. How have they stood the test of time since Haberman v Jackal? Laddie J specifically noted that this list was non-exhaustive. Can you suggest other factors which might reasonably be added to the list?

    and how close were those to inventive solution at the time to publication of the subject matter, (7) which factors to impede the inventive solution were technically obvious or can be deemed as an commercial deterrent to realize the solution, (8) how commercially or otherwise successful was the inventive solution in terms of exploitation and granted licenses to the right owner, that made competitors to circumvent the original solution with alternatives or improvements[2]. Together with above the above listed original but not non-exhaustive factors for concluding non-obviousness, the 4-step obvious-to-try test of Windsurfing/Pozzoli[3] provides the umbrella which in contrary to the flaws[4] of the Problem-Solution-Approach and the Could-Would likelihood of obviousness as practiced at the EPO shows a broader approach to a wide-ranging variety of inventions[5].

    • Word count: 779
  20. What might be the greatest strengths of the patent system in its modern form, and what sectors of society do these strengths benefit? What might be the greatest costs of the patent system in its modern form, and what sectors of society bears these costs? What are some of the alternatives to the patent system and, briefly, how might they operate?

    But how does a modern patent system provide benefits for the greater good of nation? A response thereto can be derived from the findings of the first president of the Japanese Patent Office who admitted that it was the patent system which made the US industry superior, and led to the reason to implement a modern patent system in Japan during the Meji-era[7]. With the introduction of a comprehensive patent system in 1900s, the disclosure of foreign technology was established.

    • Word count: 1405
  21. Online Piracy. Justice found between protection of infringers' privacy and enforcement of producers' copyrights

    Therefore, they sought Norwich Pharmacal relief against 4 Internet service providers, (ISP) (Defendants, Ds) for the HK ID card number and home address of the uploaders, who are Ds? subscribers. Ds refused as the information sought was ?personal data? under Personal Data (Privacy) Ordinance so the disclosure might breach the Data Protection Principle . Technical Aspect P2P file sharing software The 22 subscribers shared the music files on WinMX, which is a peer-to-peer (P2P) file sharing software. It was famous for downloading music files as it had a search function and was available in many languages (WinMX, 2012)

    • Word count: 1557
  22. Trademarks & Intellectual Property Case. when PRU go to register the name Lancashire All Reds, the Canadian All Reds could object to the registration. There are several grounds upon which they could object to the registration

    In this case, the Royal Berkshire Polo Club attempted to register a trademark that was objected to by the Polo Ralph Lauren Company by virtue of section 5(2) of the Trade Marks Act 1994, stating that it believed the mark was similar to identical goods. This would be the same objection that the Canadian All Reds would bring, due to the fact that they are similar products and that confusion is likely. It was also argued by Ralph Lauren that they had built up a substantial amount of goodwill and as the Canadian All Reds have been in operation for

    • Word count: 1568

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