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University Degree: Intellectual Property Law
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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
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
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. 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 decision established a four-stage test for the patentability, whereas at the Appeal Court the main issue was the whether the
- Word count: 887
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. 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 provides the umbrella which in contrary to the flaws 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.
- Word count: 779