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).
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). LAND REGISTRATION ACT 2002: Today, there are two systems of conveyancing in England and Wales. The majority of land is 'registered land' and is governed by LRA2002 and the older system of unregistered land, which is governed partly by the rules of common law and equity and partly by provisions contained in the 1925 property legislation.1 The LRA2002 entered into force on 13 October 2003 and significantly amended the original scheme. It is intended to shorten and simplify the conveyancing process, while promoting certainty for buyers, vendors and anyone who possesses any relevant third-party interests. How Land Registration Works: If land has not been registered before, the purchaser buys the land subject to the old rules of unregistered conveyancing. Title is investigated under the traditional rules and the seller must show a 15 year good root of title. The purchaser then has a duty to register his legal estate. Failure to do so within time limit will result in the purchaser losing his legal estate in land. The registry is responsible for investigating title before first registration; it will check the accuracy of all the documents of title and, if satisfied, it will then register the new owner as
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
Educational Use of Copyrighted Property Copyright laws are complicated and usually have a gray area as to what is actually a violation of such laws. A copyright is the intellectual property of the author, which gives them the right to control the publication, distribution and adaption of the work (Gilmore, 1999). After a certain amount of time the copyright expires, at which time the information enters the public domain. There are many ways in which people can commit copyright infringement; such as the unauthorized use of an authors text, common on the World Wide Web, the unlawful downloading or sharing of recorded music, and the distribution of bootleg material, which is material that hasn't been officially released yet. Copyright protection is an issue in the scientific disciplines as well. 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 has to log onto the journal's home page with his username and password. His research group is composed of several pre and post doctoral trainees. He makes his access information available to the lab trainees; he claims that this is no different than circulating the printed journals using a routing list. He encourages his trainees to print copies of
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
Trademarks & Intellectual Property In the UK, trademarks are filed and protected on a first-come first-served basis. In this case, therefore, the Canadian All Reds have registered a trademark in the UK and this will take priority over the attempt by Preston Rugby Union Club (PRU). Therefore, 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; these objections would have to be lodged at the Company Names Tribunal which is a department within the UK Intellectual Property Office. In order to make an objection, it will be necessary for the Canadian All Reds to show that the name is the same as their name and that they have built up a degree of goodwill or reputation with the name. The name does not have to be exactly the same; however, it does have to be so similar that it is likely to mislead individuals into believing that the two are linked. One of the factors that have been established when objecting to a trademark registration is that ‘a genuine, properly substantiated likelihood of confusion’ exists. The case of Royal Berkshire Polo Club stated that, in order for an objection to be successful, it is absolutely essential that there is this element of confusion. In this case, the Royal Berkshire Polo Club attempted to register a
Should Internet Service Providers be liable for the copyright infringements of their account holders using P2P and BitTorrent software?
THESIS: Should Internet Service Providers be liable for the copyright infringements of their account holders using P2P and BitTorrent software? FREE FOR ALL: COPYRIGHT & ISP LIABILITY IN A MODERN TECHNOLOGICAL WORLD I INTRODUCTION We live in a knowledge society that is shaped by the information revolution and advanced by communication technologies, with the internet being at the forefront of this evolution.1 Since its introduction, the internet has opened a wide range of opportunities for sharing digital content such as music, movies and television shows in a global arena. Much of this digital content distributed through the internet is protected by copyright.2 However the technological advancement of digital online media has seen the world's internet users feast on an abundance of infringing content. This has resulted in untold billions of copyright violations.3 The ease of copying and distribution has altered social attitudes towards copyright works to the point where ignorance of copyright laws is widespread, and individuals justify breaking the law on the basis that 'everyone else is doing it'.4 This essay focuses on the issues surrounding online copyright infringement, the impact it has on the entertainment industry and whether internet service providers (ISPs) should be held liable for the infringing acts of their customers. These issues are quite complex and
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.
UK Patent No. GB2419438 is related to computer software used in electric power generation and distribution systems. The invention is based on prior art and makes use of (1) known electric power networks comprising electric power generation and distribution systems, whereas multiple energy sources are used by said power generators in accordance to Fig. 1, (2) various known pollution control strategies at power plants for those sources to meet emission allowances and (3) various known power production level determination and forecasting criteria, i.e. economic dispatch programs to determine load according to demand. The invention allocates a load demand and an emission allowance among various power plants to determine the operational and the pollution control set-points of each of the various power plants in a manner that minimizes the total operating cost for the power generation system, including the pollution control cost by an inventive 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.
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 key issue with regard to software in general is that it is remarkably difficult to classify it within a specific category of intellectual property protection. Thus, on one side there is reasonable doubt that software per se provides for sufficient technological contribution to come under the to quid pro quo concept of patent system and thus is an excluded as subject matter to come under patentability. On the other side, the are strong arguments that patent regime expands the protection of software, and allows a creator, without being obstructed by the boundaries of idea/expression dichotomy, to seek protection for the non-literal elements of software creation by claiming the functional aspects thereof. However, the hurdle of sufficient technicality to come under the definition of an invention in terms of the respective patent law and the various approaches thereto along with requirements to stand the plurality of tests for patentability with regard the key elements of the patent system which are lively debated in the patent world. 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,
Intellectual Property Right
Introduction This article presents a debate on the topic of intellectual property rights. You will probably find it interesting to start off the topic with this quote: "The public will learn that patents are artificial stimuli to improvident exertions; that they cheat people by promising what they cannot perform; that they rarely give security to really good inventions, and elevate into importance a number of trifles...no possible good can ever come of a Patent Law, however admirably it may be framed." (The Economist, 2002) You may be thinking who would have had this subjective and extreme standpoint. One can hardly imagine or expect The Economist endorsed such an argument back then in the 1851, in a passage issued, which it was the mouthpiece of British economic liberalism at the time. In the mid-19th century, The Economist argues that by restricting the free use of one's ideas by another, patents hindered rather than promoted economic growth. Patents as a protectionist's measure were an enemy of free trade. Speaking about IPR, it is indispensable to include the interest party-developing countries. This sets off the argument of whether the current IPR laws and systems should be imposed in and are essential for every state especially in terms of economic and technological development. I believe that the patent system has a lot of defects and inadequately, it is only the
Doctrine of Originality in IPR
JURISPRUDENCE I JURISPRUDENCE OF COPYRIGHT LAW DOCTRINE OF ORIGINALITY IN COPYRIGHT LAW PAPER SUBMITTED BY ANKITA GODBOLE APRIL 2009 INTRODUCTION "Copyright shall subsist in...original literary, dramatic musical and artistic works."1 T he fundamental premises on which copyright law is based is originality.2 The question that a court must thus ask itself when assessing copyright claims is whether the work being examined is 'original'. However, the exact meaning of the term 'original' and what exactly 'originality' entails remains a rather nebulous concept. The enquiry into whether or not a work can be called original enough to render it suitable for copyright protection, has devolved into the narrow point of whether it has satisfied the required 'standard/quantum of originality'.3 Divergent interpretations placed by various courts on the required quantum have left the jurisprudence on the point in a quagmire. Recent decisions by the Indian courts providing their version of the same have only served in augmenting the confusion. This research paper endeavours firstly, to locate the Indian judiciary's formulation of the standard of originality within those giving by other jurisdictions, and secondly to determine whether there is a need for reconsidering the same given its ramifications on copyright jurisprudence in India. Applying a case law analysis method, the paper
EQUITY AND PROPERTY In addition to the proprietary rights operating at common law, a large part of the law of property consists of rights operating through Equity. In order to understand the nature of these rights and how they differ from, and interrelate with, common law proprietary rights, it is necessary to appreciate the relationship between Equity and the common law. This lecture therefore outlines the nature of that relationship, first in general and then with particular reference to property rights. The main equitable right regarding property, the trust, is then introduced. In the following weeks will involve description of the other main types of equitable property rights. Definition of "Equity" "Equity" in the pure sense means justice, particularly abstract justice as opposed to the accurate application of rules. Aristotle defined it as "a correction of law where it is defective owing to its universality". In this sense of an appeal to a higher justice above rules, equity forms part of many legal systems. In English law, however, equity has been institutionalised and the term now refers to a particular set of rules, which have developed from an original appeal to equity in the pure sense. 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
Implementation of Enterprise system at Dyson
Individual Report On Effective Implementation of Enterprise system At Dyson To: board of Directors Dyson limited. MODULE: INTERNATIONAL MANAGEMENT DATE: 24TH APRIL 2009 CODE: BSNM1M001 LECTURER: SHUAIB MASTERS EXECUTIVE SUMMARY The Dyson is based on unique and innovative concept. It's presence across the globe and containing the image as British brand makes it unique. Dyson's objective is to share data, information and knowledge within its branches across the globe. In recent times Dyson measured the procurement of enterprise resource planning software to get competitive edge, which causes fundamental change in technical behaviour of the employees. Key sensitising issues are as follows: Current data, information and knowledge management * Core processes and high level information needs. * Feasibility of implementing and Enterprise system. * Methodologies in implementing an ERP system. * Change management issues focusing on Business Process Reengineering and EIS. * Potential implications of supply chain management. It is worth to consider the flexibility of an enterprise system which offers information management and in line with the future information needs. Dyson having presence across the globe and being manufacturing