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University Degree: Intellectual Property Law
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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.
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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.
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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".
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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.
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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 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)
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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, 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. 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
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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. With the introduction of a comprehensive patent system in 1900s, the disclosure of foreign technology was established.
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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)
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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
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