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Intellectual Property-ANG UCM

Droit dePropriété

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40 views4 pages

Intellectual Property-ANG UCM

Droit dePropriété

Uploaded by

nyandryranaivoson80
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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INTELLECTUAL PROPERTY LAW

1. ad the text below and decide which of the terms in bold match these
definitions.

1 exclusive right granted to authors of creative works to control the use of their
original works

2 exclusive rights granted by a government to an inventor which prevents others


from making, using, or selling his or her invention

3 distinctive registered mark used by a business to identify itself and its

products or services to consumers

4 official order from a court that stops someone from doing something

Intellectual property is an expansive and rapidly changing area of the law


which deals with the formulation, usage and commercial exploitation of
original creative works. A majority of the issues that arise within this area
revolve around the boundary lines of intangible property rights and which of
those rights are afforded legal protection. The abstract quality of the property
rights involved presents a contrast to other areas of property law.
Furthermore, the rapid changes occurring in this field raise topical debates
over such things as gene patenting genetically modified food and peer-to-peer
networking (e.g. music piracy on the Internet).

Traditionally, intellectual property rights are broken down into three main
areas: patents, trademarks and copyrights. Other areas that warrant
mentioning are trade secrets, design rights, and the concept of passing off.

A patent is a monopoly right in an invention. Patent law is regulated in various


jurisdictions through legislation. A patent must be granted pursuant to the
relevant legislation in order to create the monopoly in the invention. Once the
patent is granted, the protection remains in force for a statutory period of
years, e.g. 20 years in the UK. Most patent legislation requires that a
patentable invention: 1) ls novel; 2) involves an inventive step; 3) is useful or
capable of Industrial application and 4) Is an Invention or, in the US, non-
obvious. Many things are excluded from patentable subject matter due to
unsuitability, public policy, and morality.
1
A registered trademark is similar to a patent in that it provides the holder with
an exclusive right to use a "distinctive mark” in relation to a product or a
service. A common aspect of applicable legislation is that the mark must be
distinctive. In other words, it must be capable of functioning as an identifier of
the origin of the good and thereby avoid confusion deception or mistake.
Deception has been deemed to include for example the use by another of a
domain name that is substantially similar to the trademark, so-called
cybersquatting.

Copyright is a right subsisting in original literary, and dramatic. musical and


artistic works and in sound recordings. films. broadcasts and cable programs.
as well as the typography of published editions. Copyright holders possess
economic rights associated with their works, including the essential right to
prohibit unauthorized use of the works. The most common requirements for
copyright protection are that the work must be in material form (i.e. not just
an idea) and it must be original in the sense that the work originates from the
relevant author.
Copyright only provides a partial monopoly in a work, as various rules provide
exceptions by which a work may be copied without infringing on the rights of the
author. A good example of such an exception is the right of fair use recognized in the
United States2.

Of course, infringement of intellectual property rights may result in


enforcement actions being brought against the infringing party. As part of
these actions, remedies might include damages, injunctions, and accounts of
profits, depending on the right infringed and the extent and nature of the
infringement.
2. Match the two halves of these definitions of key terms from the text, Consult

the glossary if necessary

1. The term passing off refers to the practice of a company ...


2. The term design right refers to a right ...
3. The term cybersquatting refers to the practice ...
4. The term injunction refers to an order issued by a court ...
5. The term trade secret refers to the intellectual property of a business."
a) which prohibits the copying of an original, non-commonplace design of the
shape or configuration of a product.

2
b) which prohibits a specific action from being carried out in order to prevent
damage or injury.
c) illegally trading on the reputation of another company by misrepresenting its
goods or services as being those of the other company.
d) which it does not want others to know about.
e) of registering a trademark as a domain name with the intention of later
selling it to the rightful owner,

3. Explain what is meant by these terms related to intellectual property rights in


your own words. Use the sentences in Exercise 2 as models

1 intangible rights

2 right of fair use

3 infringement of rights

Listening 1: Training of Junior lawyers

Law firms generally provide training for young lawyers entering the firm in the
form of formal instruction and practical work experience. Seminars are held by
experienced lawyers to provide a theoretical framework for understanding the
legal. business, ethical, and practical issues that junior lawyers are likely to
encounter. On the practical side, the practice known as 'shadowing' gives
junior lawyers a chance to observe senior lawyers at work. Shadowing may
include anything from attending meetings with a client and other lawyers to
participating in negotiations with opposing counsel, to attending a trial, or
observing the closing of a transaction.
The following listening exercise presents an extract from a seminar held for
junior lawyers at a US law firm.
1. What is the topic of the seminar?
2. The speaker says that her listeners will be shadowing a senior lawyer
on a new case. What does the case involve?
3. How many requirements does the speaker mention?

Notes for seminar

3
• General remarks: Area which is changing rapidly; important new case
(Whittaker)
• Overview: Topics 10 be covered in seminar: basic concepts, a few
1) …………………………………. presented by participants, recent holdings
• Requirements for patentability of an invention
- First requirement: must be useful: 2) ……………………... requirement.
Invention must provide a 3) ……………………………
- Second requirement: must be new: novelty requirement
- Third requirement: must not be obvious to person with skill in the art:
4) ……………………………………………
- Fourth requirement: must be patentable 5)……………… .. Examples:
processes, machines, a composition of mailer (such as a synthesized
chemical compound)
Subject matters traditionally 6) ………………………… patentability: abstract
ideas {in particular: business methods]
True of False, justify
1 The question of whether an invention is patentable is generally decided by
the courts.
2 In order for an invention to qualify as a novel, the idea behind it should not
already have been patented in another device.
3 A process, such as the idea for a machine, is not patentable.
4 Today, business methods are no longer automatically barred from
patentability.

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