INTELLECTUAL PROPERTY

Intellectual Property



Table of Content

Introduction1

IP - Trade Marks3

Intellectual Property Maximum4

[New Guarantees]4

Definition of intellectual property5

(a) PATENTS6

(A)(1) Legislative Framework Of Patents7

(B) Trade Marks8

(B)(1) Legislative Framework Of Trade Marks8

(C) Designs9

(C)(1)Legislative Framework Of Designs11

(D) Copyrights11

D)(1) Legislative Framework Of Copyrights13

Application Of Intellectual Property Maxim14

Courts Jurisdiction15

Types Of Action And Remedies15

(A) civil action:16

(B) criminal action16

(C) remedies16

First circuit 3/9/95 decision in lotus v. Borland17

Id. At 24-25.18

Compatibility considerations19

Id. At 27.altai distinguished and criticized19

Other Program Elements Distinguished20

Id. At 21-22 (footnotes omitted).20

Conflict in the circuits20

Petition for Supreme Court review21

Intellectual Property Navitaire v Easyjet (2004)21

References24

Intellectual Property

Introduction

Intellectual property (IP) refers to creations of the mind: inventions, literary and artistic works, and symbols, names, images, and designs used in commerce. IP is divided into two categories: Industrial property, which includes inventions (patents), trademarks, industrial designs, and geographic indications of source; and Copyright, which includes literary and artistic works such as novels, poems and plays, films, musical works, artistic works such as drawings, paintings, photographs and sculptures, and architectural designs. Rights related to copyright include those of performing artists in their performances, producers of phonograms in their recordings, and those of broadcasters in their radio and television programs. (Matthew 2004) The innovations and creative expressions of indigenous and local communities are also IP, yet because they are “traditional” they may not be fully protected by existing IP systems. Access to, and equitable benefit-sharing in, genetic resources also raise IP questions. Normative and capacity-building programs are underway at WIPO to develop balanced and appropriate legal and practical responses to these issues.

IP - Trade Marks

It is the unregistered trade marks that are not registerable because they have not acquired a distinctive character through use, the absolute grounds for refusal of registration (Myers 1995)under section 3 of the Trade Marks Act, the Trade Marks directive, relative grounds for refusal of registering under section 5 of the Trade Marks Act, infringement of trade marks such as the use of similar or identical marks, invalidity, revocation, incensing and assignments of trade marks, and the respective remedies for the breach of a trade mark - including damages and criminal sanctions.

Intellectual Property Maximum

Intellectual property rights can arise issues of exploitation and unlawful usage by unauthorised persons to protect business. There are number of different IP rights which aims to protect and identify a maximum commercial protection from competitors and other alike.

At large, all businesses create and possess intellectual property, whether a sole trader, a small business or large company. (Hamilton 1997) The legal framework of the comprehensive intellectual property rights are mainly governed by primary legislation and some European Directives and Treaties.

[New Guarantees]

In the development stages of a product, a business must ensure that intellectual property associated with the product does not infringe any third party IP and that the product is protected to the possible extent. When a product is developing, a business must preserve confidentiality and consider applying for patents, trademarks or design rights but not copyrights, as they are automatically effective without registration.

For effective IP, most businesses usually put in place robustly drafted documentation such as research and development ...