UNDERGRADUATE/POSTGRADUATE DEGREES COURSEWORK FRONT SHEET Details to be completed by the Module Leader/ Internal Examiner MODULE TITLE: Intellectual Property Law MODULE CODE: LECTURER: ISSUE DATE: 26th September 2011 HAND IN/PRESENTATION DATE: 13th December 2011 Module: Intellectual Property Law Part A: Response Trevor’s Rights under the Patent Intellectual property is a subset of law dealing with protection of certain rights congruent to development of original works…
In a different perspective, intellectual property rights cover identification marks used by companies in order to protect malicious use of the same. Such protections are in place with an aim of encouraging new inventions, innovations, and technologies, which is vital for growth of both a nation or a society and the global economy. Examples of such intellectual rights include copyrights, patents, trade secrets, industrial designs, and trademarks. These rights depend on the form and type of invention or innovation that an individual attains. In the above scenario, Trevor discovered a drug that can cure common cold. In this case, Trevor’s discovery qualifies for a patent as one of the intellectual property rights. Millennium compound has been in existence for long yet no one used it to invent a drug for curing common cold. It is therefore wrong to assume that since Millennium compound has been in existence, someone was going to use in at some point to come up with a drug for curing common cold. ...
Since they are not co-owners of the idea, Trevor has a right to obtain the patent right under his name. In a scenario where Trevor will allow the professor to have patent under his (professor) name, then Trevor should forget about such rights as provided for within intellectual rights. Therefore, it is important that Trevor fight for his name to be used for obtaining such patents rights since without that then he (Trevor) is unlikely to benefit from the same rights. After all, patent rights according to UK Patents Act 1977, Section 3 2the only person who enjoys patent rights of an invention is one whose name is used in success application and approval of the same rights. Patentability Requirements Under the United Kingdom’s Patent Rights law, there are specific requirements that an inventor must adhere to in order to apply successful for a patent right against his or her invention. Some of the conditions that should be in force include having an element of novelty, invention involving an inventive step, invention having practical use, and the subject matter must be accepted as patentable within the United Kingdom’s laws. Novelty is the most vital prerequisite for any patent right to be successful completed under the UK law. Under the UK law, novelty requirement states that for an invention to acquire patent rights it must be new. According to the UK Patents Act 1997 Section 2(1)3, a new invention is one that does not take any part of the ‘state of the art’ within a reasonable time just before patent application date. In this regards, the ‘state of art’ refers to the entire information or matter made available to members of the public ...
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He does not have any official projects of his own, but by convention his boss does allow him a small area of the lab for any small projects he might want to run as long as they do not interfere with his normal duties. ?One weekend he comes into the laboratory and starts experimenting with a PhD student’s project into a cure for the common cold.
According to the research findings the CJEU was of the view that though the legal protection under Trade mark Act was limited to preventing imitation that misleads consumers on this point but in contemporary days, a trade mark is regarded as an expensive asset in its own right and needs efficient safeguard on larger area including investment, advertisement and essential function.
Secondly, is the issue regarding the patentability of the invention (as the Senior Professor from the University of Westshire has said that the drug may have not passed the non-obviousness test). These are 2 separate issues and need to be handled separately so that the rights of the patent holder can be enforced and that a worthy invention does not lose out on a status that would ensure protection and profits for the owner.
It focuses on the creation of intellectual property trade secret laws, trademarks, copyrights, and patents, as well as the protection of rights relating to intellectual property and the legal pursuit of persons who infringe others’ intellectual property rights.1 This law covers things such as identification marks of companies, inventions, novels, and original plays among others.
In Campbell v MGN1, it was observed by Lord Nicholls that in the absence of all-embracing, overarching cause of action for “invasion of privacy” and however, there exists some judicial acknowledgement of privacy as a value strengthening rules of law on this gamut of law.
Under the provisions of Section 1 (1) 1988 CPDA, a copyright must satisfy certain requirements which is fixation and originality which refers to the quality of the work (Levitt 2005, p.45). Following the presentation of the case between Dicky, Smythe and Dickinson, and Reginald, several issues must be established before looking into the aspect of copyright between Dicky and Smythe and Dickinson, his employer business premises.
37,000 die everyday from diseases like pneumonia, HIV/AIDS, tuberculosis, measles, and diarrhea. The tragedy is that even amidst this urgent and compelling need to address this global problem, the right of the people to health care still remains inextricably intertwined with a rigid intellectual property regime.
The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) was established by the World Trade Organization (WTO) in 1994 at a meeting in Uruguay on multilateral trade regulations (Weiss, 1990). Its stated purpose was to address the widespread global inconsistencies in the protection of intellectual property rights.
profits from the availability of such content on their websites, while right holders in the presented material end up with nothing.” Critically discuss. (800 words)
It is true that companies like YouTube generate enormous profits from the availability of huge variety of
dditionally, innovation leads to more innovation, as these industries get the money from their patents and copyrights, and use the money to create further. Therefore, it is important to protect intellectual property rights.
However, in the case of globalization, there are
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