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Intellectual Property Law

Question: Critically evaluate the legislative developments that have taken place in the field of patents on pharmaceutical products and processes since the agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS)

Answer: A large proportion of patents annually granted in the world relates to pharmaceutical products and processes. Litigation relating to those patents is also abundant, particularly in relation to biotechnology-based pharmaceuticals. The adoption of the Trade Related Aspects of Intellectual Property Rights (TRIPS) Agreement in 1994 has represented a historical change in intellectual property, with pro......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: \'The conception of authorship in UK copyright law in no way presupposes that the author of a protected copyright work is a genius, but it does presuppose that the author is an individual, whether this individual is a human being or a legal person such as a company.\'

Discuss, paying particular attention to the following questions: Is this an accurate description of the author in UK copyright law? How, if at all, is collective creativity encouraged by UK copyright law? Could or should the law enforce the notion - advanced by commentators such as Jaszi and Woodmansee - that creativity is inevitably collaborative in nature?

Answer: In copyright law to date, the author acts as the centralising point around which the rules and concepts of the law are organised. With this in mind, deciding upon an accepted notion of authorship and a definition of who or what an author is, is crucial to a further understanding of what exactly copyright law seeks to do.......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: Critically discuss the concept of originality. To what extent does it need re-appraisal, particularly in the light of recent European developments?

Answer: Section (1) (1) of the Copyright, Designs and Patents Act 1988 states that copyright subsists in ‘original literary, dramatic, musical or artistic works.’ However, the Act does not state what ‘original’ means. Dictionary definitions include phrases such as `made or expressed for the first time\', `capable of producing new ideas or artistic forms\' `novel\', `inventive\' as well as `indepen......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: How do moral rights differ from other rights in copyright? Critically discuss particularly in the context of multi media work.

Answer: Copyright can be thought of as a bundle of economic and moral rights. The basic framework of these rights is statutory, although the explanatory case law is of great importance. Copyright can cover many types of creative effort. These may include literary, musical and dramatic works, artistic work (including graphic and photographs), sound recordings, films, broadcasts and cablecasts and the typog......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: The Copyright, Design and Patents Act 1988

Answer: The Copyright, Design and Patents Act 1988 was implemented to protect the creator of an original work. Copyright prevents plagiarism and unfair exploitation of a person’s work and allows the creator to commercially exploit his/her work. The owner of the copyright has the exclusive right in the UK to: make copies of the work; issue copies to the public; perform the work in public; broadcast the w......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: Assess the impact of digital information, particularly that of computer programs, on Intellectual Property Law. What can be and has been done to meet the demands of this dynamic new area of law.

Answer: This essay shall focus on the impact of Digital Information, and particularly that of computer programs, on Intellectual Property law, and what can be and has been done to meet the demands of this dynamic new area of law. The essay will consider how computer programs have gone from being termed as a “literary work” under the Copyright Designs and Patents Act 1988 (CDPA) and worthy of no furthe......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: What is intellectual property? How is it justified?

Answer: Traditionally the term ‘property’ was concerned with the regulation and control of tangible goods such as land or a house. However, the change in the commercial climate has meant that there is an increased need to regulate intangible goods as well as tangible goods. Intangible goods can cover a range of areas, with the two predominant areas being company shares and intellectual property. Th......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: David Lange, writing in 1981, suggested that ‘the growth of intellectual property in recent years has been uncontrolled to the point of recklessness.’ As a consequence he suggested that the, ‘recognition of new intellectual property interests should be offset by equally deliberate recognition of individual rights in the public domain.’ With reference to copyright law in particular, critically assess the meaning and significance of the, ‘the public domain.’

Answer: Intellectual Property Law has grown grown considerably, due in part to the parellel growth in international trade. The intellectual property law, which establishes the protection over the intangible work also plays an important role in the law system. It creates property rights in a very wide and diverse range of areas and regulates the creation, use, and exploitation of mental or creative labour......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: Evaluate the legal protection given to databases under the Maltese Copyright Act 2000.

Answer: A computer database is a collection of information stored on computer media. The range of things, which may be included in a database, is vast and enormous. The information in a database may be a list of clients and their addresses or a full text of various documents or a set of co-ordinates relating to a three-dimensional building structure. The information contained in the database may, itself, ......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Intellectual Property Law

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