Intellectual Property



Intellectual Property

Introduction

The main purpose of this paper is to make an analysis on the case study of Dave. The paper makes the analyses of the case study on the basis of intellectual property and Patent Act 1977.

Case Summary

The case is about Dave who used to work for the recycling of bottles. In 2007, Dave came up with the idea of recycling bottles with the combination of two chemicals named the table salt and milder form of a degreaser. Dave offered Soprano Recycling Company to purchase the new idea from him, but the company refused. Later on, Dave came to know that Soprano Recycling has applied for the patent of the same chemicals. Now Dave is worried that if he would sell the chemical to any other company, then it will be considered as the breaking of patent law. The paper makes discussion on Dave's scenario in this situation based on the patent law.

Key Legal Issues

Following are the main key issues to be dicussed in the case of Dave:

1) Is Dave entitled to patent law?

2) Is there any application of patent law on Dave's case.

3) In case, Dave sell out the chemical to any other company, will he be charged for the patent law breaking.

4) Can Soprano Recycling Company, grant him the access to use the chemical.

Discussion

The patent law is used to create a patent system that help[s in providing support and encouragement to the technological innovations and give promotion to economic development. It is the legal framework that works to encompass the legal regulations, jurisprudence, and the various intellectual property rights. These intellectual property rights are commonly known as patent rights. Patents are the rights issued by government to the individuals and groups so that they can rovide prorection to their original investments from being used by anyone else without the permission of concerned party. The law has granted the protection for a very limited period i.e. the period of normally 20 years. The meaning of protection is that the invention cannot be further created or used. Neither any one can sale or distribute the patent without the mutual consent of the patentee.

According to the latest report by the World Intellectual Property Organization (WIPO) at the end of 2005 were in force worldwide about 5.6 million patents. The number of patent filings worldwide reflects an average annual growth rate of 4.7% and the number of patents registered an average annual growth rate of 3.6%, which represents about 600,000 patents granted only in 2005. Growth rates are highest in the countries of Northeast Asia, particularly in the Republic of Korea and China. The concept of intellectual property is not a new concept; it is believed that spark the intellectual property system has lit in northern Italy in the Renaissance. In the year 1474 a law was passed in Venice regulates the protection of inventions provided for granting an exclusive right to the inventor, and the copyright system is attributable to the invention of letters typographical and separate ...