Intellectual Property Law
Coursework Part 1: SWM53
Stavros Mouroutis
10829843
Table of Contents
References 8
List of Legislations: 9
According to section 11 of the Copyright Designs and Patents Act 1988, the author of a work is the first owner in any copyright unless the author is an employee who created the work in the course of employment. Consequently, when a programmer is employed, the source code he develops is owned by the employer, unless, certainly, contractual restrictions override this default rule. The central issue in the instant case is whether the former employee has infringed the copyright that the original company owns in its software and whether the original employer’s legal team could pursue an action against the start up company.
A piece of computer software comprises a program, which is a series of instructions expressed in code, intended to cause a particular result when used in computer hardware. Computer software is afforded copyright protection as a category of literary work and enjoy copyright protection under sections 1(1) and 3(1) (b) Copyright Designs and Patents Act 1988 [1]. In order to be an original literary work, the computer program must be the product of a substantial degree of skill, labour and judgement by the author. This was decided in the case of University of London Press Ltd v University Tutorial Press Ltd [2].
However, the Copyright Designs and Patents Act 1988 does not define computer program and this allows for law
Copyright, Design and Patents Act 1988 – protects the rights of the creators of literary, dramatic, musical, and artistic works, recordings and broadcasts. Copyrighted material can only be copied with the copyright owner’s permission, which includes books, music, photographs, drawings, diagrams, etc;
As well as copyright law, patent law could also be an issue. European patent law expressly prohibits the granting of patents for “programs for computers” (European Patent Convention, 2000). Strangely, the United States takes the opposite stance. It will not grant patents “consisting solely of mathematical operations, i.e., converting one set of numbers into another set of numbers, does not manipulate appropriate subject matter and thus cannot constitute a statutory process” (United States Patent and Trademark Office, 2008). This seems very similar to the European system, but there is a key difference. The US Patent Office will issue a patent for programs with a practical application.
10. Dan hires Eve to perform at Dan 's Club, but Eve later breaches the agreement to accept a higher-paying job at First Star Arena. Dan files a suit gainst Eve. The court will most likley: award damages to Dan.
BIS did not breach duty of care because according to "N.Y. GOB. LAW 18-105: NY Code -Section 18-105: Duties of skiers" 10-11, each skier shall have the duty not to willfully stop on any slope or trail where such stopping is likely to cause a collision with other skiers or vehicles and to yield to other skiers when entering a trail or starting downhill. Craig neglected his duty to both.
To what degree are two photos similar enough to have both parties get involved in court? This question is asked frequently in the copyright law world, and is the subject of a case involving Esquire magazine’s cover of famous contemporary boxer Sonny Liston in 1963 and if the 1998 cover of Sports Illustrated with the then-popular boxer Evander Holyfield infringed on Time Inc.’s copyright. At face value the image can be copyrighted, but when dissecting the individual elements of the image apart, what remains is a weak argument to justify copyright protection.
Article 1, Section 8 covers patent and copyright but it is specifically noted that the protections under these definitions are not automatically
An Introduction to the Law and Economics of Intellectual Property Author(s): Stanley M. Besen and Leo J. Raskind Reviewed work(s): Source: The Journal of Economic Perspectives, Vol. 5, No. 1 (Winter, 1991), pp. 3-27 Published by: American Economic Association Stable URL: http://www.jstor.org/stable/1942699 . Accessed: 24/11/2011 08:39
What type of exemption means he probably won't have to provide disclosure reports to the government or buyers?
The copyright in an email is determined by its content. Forwarding emails is generally not considered to be a breach of copyright, but, one should carefully consider the nature of the content of the email and whether it is appropriate to forward it, as other legal issues, such as privacy and confidentiality, also apply.
In this paper, we evaluate the various applications of Australian Intellectual Property (IP) law. Special attention is given in its application in the performance of copyrighted songs in private commercial facilities, registration of new designs as well as patent ownership while in contractual employment.
As a leading specialist chemical patent lawyer, my role is to write and prosecute your patent application and have it licensed by the federal government. A patent is a description of an intellectual idea and is used to protect different kinds of inventions as long as they are considered new and useful.
In the past, there have been many disagreements in the trademark standpoint. Examples of this would include the Slants, a Portland-based Asian-American dance band, as well as the Washington Redskins. Throughout the years, there have been many individuals that have stood for Trademark office to rule against the Washington football team and withhold a Federal trademark for their offensive moniker. Although the term “Redskin” is offensive to many individuals, the 1st amendment as well as role of the trademark office should have allowed them to keep their name and trademark.
To those who are not familiar with the processes within the fashion industry, this world of style is characterized by a peaceful coexistence between all the stakeholders. To those in the know however, this is far from the truth with the fashion industry. The value of the United Kingdom fashion industry is large contributing to about 20 billion pounds into the country’s economy on an annual basis. To have a better understanding, the contribution made by the fashion industry to the country’s Gross Domestic Product is almost twice that being brought in by car manufacturers which is valued at 10.1 billion so fashion is no doubt a major business and clothing designs one of the core assets. In considering this, it is therefore a surprise that businesses that are operating within this industry within this industry are not given the opportunity to do more to protect the designs that they have. This paper puts forward the assertion that based on the case law of J Choo(Jersey) Limited v Towerstone Limited and Others, the system of intellectual property protection available in United Kingdom law is not fit for use in the fashion industry in its present condition.
Olley v Marlborough Court Ltd [1949] 1 All ER 127 (UK Court of Appeal), Reg Glass Pty Ltd v Rivers Locking Systems Pty Ltd (1968) 120 CLR 516 (High Court)
Contracts, business, and laws are three simple little words, but when put together they have a substantial impact on our everyday lives. Below we will discuss three case studies. The first case is between Chris, Matt, and Ian vs. Donald Margolin, who was injured when he used an aftershave lotion that he bought off the internet called Funny Face. The second case is between Sam, his landlord, and a national chain store. Sam is being accused of conducting business from his apartment and going back on a verbal promise. In the last case is two lifelong friends who decided to join in a partnership and open up a sporting goods shop. Therefore, before the appropriate court can proceed with the first case, the court should take into several considerations around the rules of jurisdiction, alternative dispute resolution (ADR), and whether or not corporation/or corporate offices can be held for the criminal or potential act. In the second case before the court can rule the court should determine the various elements of a valid contract, if a quasi-contract exists, a promissory estoppel, and the rights an obligation of a tenant would prevail on Sam 's claims. Finally, in the third case between Jeb and Josh, they should determine the type of business entity that will overall protect their business and personal needs.