Adverse Possession

Property Do you think Bentham would approve of the reduced scope of adverse possession in the Land Registration Act 2002? In order to consider the question of what Bentham's views towards adverse possession would be, we must first discuss the issue of what, exactly, the term adverse possession covers in today's legal world. The English conception of property is based on the common law theory of 'relativity of title' - that is to say, the person who had the best possession of the land was the one who had the best claim of 'title'1. It is in light of this context that we can best understand adverse possession, which functions on the premise that, over time, titles and rights to property may be extinguished, and new rights transferred to someone with better claim to possession. According to Gray and Gray, adverse possession has the effect of bringing about "an uncompensated shift of economic value to the squatter or interloper"2. In simple terms, adverse possession is the transfer of rights from one title holder to another, after a specified time period has passed, and under certain conditions and requirements. The constituent elements of adverse possession are thus: a certain time period must have elapsed, during which the possession was public and not secret; factual possession of the property (so, the property is put to use); the dispossession of the paper owner. Until

  • Word count: 1634
  • Level: University Degree
  • Subject: Law
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Intellectual Property

INDUSTRIAL PROPERTY MISTAKES CAN BE EXPENSIVE: THE EXPERIENCE OF "ALBA CONFECCIONES" (CUBA) ((( CASE PRESENTATION This case study introduced for us: "Alba Confecciones" was acquired a new trade name by a textile and clothing manufacturing company in the Pinar Del Rio, Cuba. This company produced a wide range of textile and clothing products and beside an industrial property strategy of trademarks (more than 20) was developed for enter the new markets on its products. However, the company established an image as a successful national enterprise. ACTIONS TAKEN AND SOLUTIONS FOUND With a multiform and profound of the products made by "Alba Confecciones" included textile and clothing products. The company tried to discover a plan for develop and approach as a trademark. 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

  • Word count: 737
  • Level: University Degree
  • Subject: Law
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Contrary to popular belief, the law is reasonably well equipped to deal with computer crime and has been substantially strengthened by recent legislation. Discuss

"Contrary to popular belief, the law is reasonably well equipped to deal with computer crime and has been substantially strengthened by recent legislation." Discuss This statement, made by Bainbridge,1 requires the examination and evaluation of both statute and common law used to address the phenomenon of computer crime and to access whether it/they is/are reasonably able to, in the light of recent legislation, deter, deprive, enforce and punish those that commit certain acts in this ever developing information technology age. Forty years ago computer usage was unusual; however people now consistently use computers and the internet. A recent report found "the internet to be rife with crime, current legislation to control it seriously lacking and public mistrust and fear extremely high."2 One of the main reasons for the popular belief that the law is not reasonably equipped is because criminal law tends to be reactive and whatever amendments to existing legislation are made, or new legislation enacted, to combat e-crimes3 the law, as rarely being forward thinking nor speedy enough, due to the processes it has to go through, will struggle to keep up with the speed of changes in information technology and that computers can be tools to commit crimes or can be targeted by criminals. It is the regulation of individuals and not necessarily the activity itself which is of concern

  • Word count: 5807
  • Level: University Degree
  • Subject: Law
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Trademarks and Passing Off

In order to advise Glamix Limited on the issues raised it is necessary to discuss the following areas of law: (a) passing off, and (b) trademarks. (a) The common law tort of passing off enables enterprises to protect their trade symbols. The passing off action may apply in situations where trademark protection does not apply. This is a significant point as Glamix does not have any registered trademarks. The concept of passing off was established in the case Perry v Truefitt,1 in which Lord Langdale MR ruled that a trader 'is not to sell his own goods under the pretence that they are the goods of another man.'2 The action enables 'trader A to prevent a competitor B from passing their goods off as if they were A's.'3 The key component of this wrong is telling lies to the public. It has been identified that the law 'contains sufficient hooks and crannies that make it difficult to formulate any satisfactory definition [of passing off] in short form.'4 However recent authoritative statements of the law on passing off can be found in two House of Lords decisions: Warnink v Townend5 ('Advocaat'), and Reckitt & Colman v Bordern6 ('Jif Lemon'). Although the two cases offer different terms7 of passing off, a general statement can be formulated consisting of the elements of the action. In order to succeed in an action for passing off the claimant (Glamix) must establish: '(i)

  • Word count: 2240
  • Level: University Degree
  • Subject: Law
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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

Intellectual Property Michael Roberts Tutor Group: A Dr. Ilanah Simon Fhima 'The Trade Marks Act 1994 was intended to expand the range of product attributes that could be registered as a trade mark, but the extent to which it has achieved that goal is debatable' (Michael Spence, 2007). Do you agree with this statement? Illustrate your answer by reference to the case law on the registrability of non-traditional trade marks. Since the Trade Marks Act 1994 ("the legislation") was enacted to implement the Trade Marks Directive (Directive 89/104) ("the Directive"), the traditional notion that trade marks are limited to words and pictures has been eradicated. Recently, all kinds of product attributes have fallen under the scope of trade marks: some successfully, others not so successfully. The impact the legislation has had on the trade mark registration system is unquestionable, but the extent to which its goals have been fulfilled is certainly a matter of debate. I will now briefly outline the structure of the essay. Firstly, the main provisions of the Trade Marks Act 1994 will be set out, following which I will outline various types of unusual trade marks with reference to appropriate case law. 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

  • Word count: 1745
  • Level: University Degree
  • Subject: Law
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Creative Commons - Rebalancing the Copyright Bargain in the Digital Age

Creative commons ~ rebalancing the 'copyright bargain' in the digital age? A free culture has been our past, but it will only be our future if we change the path we are on right now.1 I INTRODUCTION. The rapid progression of the digital age has provided almost limitless access to creator's works,2 and has forced a cultural 'rethink' on the role of copyright laws in the modern world. 3 Centuries old copyright laws, created in an age where the reproduction of works was easy to control, have emerged into an era with almost limitless potential for cheap, accessible reproduction by anyone.4 Whilst copyright laws have provided periods of protection for creators interests,5 they are perceived by many to serve commercial monopolies over works and against both the interests of creators and society alike.6 This has triggered a cultural revolution toward alternatives that attempt to restore control back to the creators, and foster creative freedom that is essential for a healthy and progressive society.7 This paper will examine the relationship between copyright, the public domain, and one of those alternatives, Creative Commons. II THE LAWS OF COPYRIGHT. 2.1 The Origins of Copyright. In 1710 the Statute of Anne was enacted in Britain giving legal effect to the concept of copyright,8 and in doing so, it dramatically changed the manner in which the rights over works were

  • Word count: 6036
  • Level: University Degree
  • Subject: Law
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MCPS's historical development, aims, purpose and functions within the music industry

The MCPS is one of the most important licensing and collection bodies in the music industry. It plays many roles in the industry and is vital in managing so much music, as it has been seen that music publishing is more profitable than selling records nowadays. MCPS's historical development, aims, purpose and functions within the music industry The Mechanical Copyright Protection Society, or MCPS, was set-up in 1924 from a merger between Mecolico (Mechanical Copyright Licenses Co Ltd- set-up in 1910 in anticipation of the Copyright Act of 1911) and CPS (Copyright Protection Society Ltd- set-up in 1911). The MCPS is owned by the MPA (Music Publishers' Association Ltd). The MCPS is a non-profit organisation set-up to represent composers, music publishers and songwriters. It is know as a collection society because its main tasks are to collect and distribute royalties to its members. (www.mcps-prs-alliance.co.uk/docsrepository/1288/) It collects money from music users in the UK who record music into various formats such as TV, radio programmes, films, CDs, websites and many other mediums. It is permitted to do this because before anyone can use one of it members musical works, they have to be issued a licence to use that work. 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

  • Word count: 1519
  • Level: University Degree
  • Subject: Law
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Online Piracy. Justice found between protection of infringers' privacy and enforcement of producers' copyrights

Running head: Justice found between protection of infringers’ privacy and enforcement of producers’ copyrights Justice found between protection of infringers’ privacy and enforcement of producers’ copyrights UID: 3035066936 The University of Hong Kong Author Note This paper is prepared for Cyberspace Crime, CCST 9029, taught by Professor Dr. K. P. Chow and tutored by Raymond Chan. Abstract This study evaluates a 2006 Court of First Instance case, Cinepoly Records Co Ltd & Others v Hong Kong Broadband Network Ltd & Ltd. It examined how the copyright of music producers could be infringed via P2P software and how might infringers be caught using IP trace back. The case revealed how the hurdles set up by the Personal Data (Privacy) Ordinance could be overcome to protect owners’ copyright under the Copyright Ordinance. Moreover, it led to the discussion of whether it is ethical to upload or download free files online. Background 7 music companies (Plaintiffs, ‘Ps’) conducted an online investigation and discovered 22 internet users infringed their copyright by uploading their music files via WinMX. Ps decided to sue civil wrongs against the uploaders but Ps only got their IP addresses. 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

  • Word count: 1557
  • Level: University Degree
  • Subject: Law
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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?

The patent controversy[1] goes hand in hand with the elementary discussions with regard to the paradox of competition intervention[2] in the field of competition law, i.e. how much regulations to the free competition in a market is beneficial for the society in order to provide for a desirable framework for fostering welfare and growth, and at what costs does a regulation of competition in form of monopoly that compels other competitors from working an invention still comes under the general paradigm for patent protection for inventors[3] in order to provide economic prosperity by technological progress to society by granting incentives to technical innovations. In order to elaborate the patent controversy it is therefore necessary to examine the advantages and the disadvantages as well as the alternatives to the modern patent system are illustrated. From the general paradigm to justify the creation of patent rights[4], the greatest strengths of the patent system in its modern form becomes obvious as it grants, for a limited term, an exclusive rights to inventions which mostly are the fruits of investments into research and development[5] Notwithstanding the fact that to keep up this paradigm of justification, the public policy sets out the tenor that reaping where nothing was sown harmfully affects the promotion of technological, industrial and cultural development of

  • Word count: 1405
  • Level: University Degree
  • Subject: Law
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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?

In Haberman v Jackal[1], Laddie J provided a list of determination factors that set a narrative for an patented invention’s obviousness. Laddie’s factors aim at scrutinizing the invention for (1) the real problem to be solved thereby, (2) how long this problem existed, (3) the significance of problem with regard to commercial benefits and the efforts that have to be made to provide the solution, (4) the publicity of the problem and popularity in society to solve it, (5) what kind of prior art can be deemed to have been known, and how established was the degree of awareness of said knowledge to those that can be expected to be involved to solve the problem, (6) what kind solutions to the same problem (forefront or not) 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

  • Word count: 779
  • Level: University Degree
  • Subject: Law
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