Nobody downloaded yet

Intellectual Property Law - Essay Example

Comments (0) Cite this document
Summary
Intellectual Property Law Word Count: 3,014 (12 pages) Part A. Trevor is a laboratory assistant at the University of Eastshire, in the Chemistry Department. His job consists of assisting the PhD students with their experiments, and generally running the labs in his department…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER92.1% of users find it useful
Intellectual Property Law
Read TextPreview

Extract of sample "Intellectual Property Law"

Download file to see previous pages He is just as responsible as the Ph.D. student for having come up with a cure for the common cold. However, there are some things that Trevor might want to consider before applying his name to the patent. Coming from a relatively unknown Ph.D. student, this “cure for the common cold” could have major consequences (good and/or bad). The good consequences that could happen is that the cure for the common cold could be a huge success and garner both Trevor and the Ph.D. student international acclaim—since this would be such a huge discovery. On the other hand, there have been no clinical trials on the medication/drug. If something were to go wrong with the drug being used by actual people, Trevor could also be liable for damages claimed against him if he were to be named in a lawsuit which could prove the drug was faulty. Thus, whether Trevor puts his name on the drug discovery patent or not may have a lot to do with liability, as shall be seen in the future. In the subsequent follow-up question, we will speak more about this thread or line of thought as well. Trevor has to think in terms of dollar signs as well—or, in his case, Euros. This is because trial medications can actually cost a lot of money to get approval for to get them to take off in terms of popularity. Also, a lot of doctors need to proffer the medication before the drug starts to gain popularity. In addition, Trevor should think about all these aspects before he assigns his name to anything. With so many things that could possibly go wrong, it doesn’t make sense for Trevor to wildly assign his name to a product that he’s not completely sure about in terms of safety. The other unknown element that might be difficult to ascertain is what Trevor’s legal recourse would be in...
In the same manner, torts could come into play were people to complain about this new medication slash prescription drug. The Consumer Protection Act basically guarantees that any product that a consumer consumes will be safe for them to consume. Trevor and this Ph.D. student have no idea what they are doing in terms of reassuring that they have adequate protection against the retributions that they could face, if, indeed it is the case that the medication is faulty. Thusly, the copyright alone will not protect Trevor and the Ph.D. student in case the drug does turn out to be faulty. It is simply a matter of judging what should be done in this case. Copyright law aims to protect those who have patented the item—but on the other hand, someone must be at fault if the drug turns out to be faulty. The government should not assume that weighty responsibility unless it wants to take the risk of having class action lawsuits filed against it in the case that the drug either: a) does not indeed work; or b) is faulty in some way, shape, or form. The Consumer Protection Act was basically put in place to protect the consumer. Basically, even though the people who made the product (Trevor and the Ph.D. student) have a copyright on the patent, that does not excuse the pair from being either negligent or having neglected a duty of care. Trevor and the Ph.D. student (and possibly, the person that signed off on the patent) could be in trouble if the drug were presumed to be faulty. Trevor and the student conducted no tests—other than a single trial, with no controls—in order to legitimize the drug’s supposed positive effects. So, in effect, having a copyright on a product does not prevent the public from suing against the maker of the product, in essence. ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Intellectual Property Law Essay Example | Topics and Well Written Essays - 3000 words”, n.d.)
Retrieved from https://studentshare.org/law/1393143-intellectual-property-law
(Intellectual Property Law Essay Example | Topics and Well Written Essays - 3000 Words)
https://studentshare.org/law/1393143-intellectual-property-law.
“Intellectual Property Law Essay Example | Topics and Well Written Essays - 3000 Words”, n.d. https://studentshare.org/law/1393143-intellectual-property-law.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Intellectual Property Law

Intellectual Property Law

...with the statement that here remains an unarticulated bias towards literal claim construction by English courts, especially after the verdict in, AGA Medical Corporation and Catnic, now English courts have emphasised that a purposive construction should be extended to a patent specification instead of a purely literal one originated from extending to it the kind of careful verbal analysis. List of References Fawcett J & Paul T. (2011). Intellectual Property and Private International Law. Oxford: Oxford Publishing Press. Fisher M. (2011) A Case-study in Literalism? Dissecting the English Approach to Patent Claim Construction in light of the Occlutech v AGA Medical....
11 Pages(2750 words)Essay

Intellectual property law

..., 2006). The answer is yes. The United Kingdon law where both Willy the Wizard and the Harry Potter series were first published is explicit that making of derivative works that is derived or based from another work that is copyrighted is exclusively limited to the original work’s owner. However creative the new work might be, it amounts to infringement if it uses the earlier work’s characters or setting. Rowling clearly used Jacobs’s work’s setting without the prior permission of the latter as stipulated by the law (Intellectual Property Office, 2011). The only exceptions to this law are criticism and parody. The provision for fair use allows use of...
12 Pages(3000 words)Coursework

Intellectual property law

...own intellectual creation and consider whether or not this is a suitable criterion for removing the practical difficulties for requiring originality in the protection of copyrighted material. Part II: Concepts of Originality in Copyright Protection:This part of the paper examines concepts of originality and in particular factual and conceptual definitions of creativity, “uniqueness” and “novelty” factor into the requirement of originality in copyright protection. This conceptualization of creativity is juxtaposed against the requirement that the copyright material is original in the sense that it does not copy the work of another.7 Part III: Originality in UK Copyright Law. This part of the paper...
3 Pages(750 words)Essay

Intellectual Property Law

....html?SESSIONFRONT=b65408100f1bcdab3914b7dffb99e7e8> [accessed 20 July 2011] Bainbridge. (2010) Intellectual Property Law Eight Edition. London: Pearson. Bentley L (2008) Intellectual Property Law (3rd). Oxford: Oxford University Press Crone T, Alberstat P, Cassels T& Overs E. (2002). Law and the Media. New York: Focal Press. Davis J (2008) Intellectual Property Law: Core text series (3rd) Oxford: Oxford University Press Davison, Mark J. (2003). The Legal Protection of Databases. Cambridge University Press: Cambridge Gammons Helen (2007). The Art of Music Publishing: An...
9 Pages(2250 words)Essay

Intellectual Property Law

...? UNDERGRADUATE/POSTGRADUATE DEGREES WORK FRONT SHEET Details to be completed by the Module Leader/ Internal Examiner MODULE Intellectual Property Law MODULE CODE: LECTURER: ISSUE DATE: 26th September 2011 HAND IN/PRESENTATION DATE: 13th December 2011 Module: Intellectual Property Law Part A: Response Trevor’s Rights under the Patent Intellectual property is a subset of law dealing with protection of certain rights congruent to development of original works. Many individuals invent and innovate particular ideas, designs, and products hence the need to have some protection curbing any...
12 Pages(3000 words)Essay

Intellectual Property Law

...? IP Strategy for Greentech Ltd in the area of Low Carbon Technology By Presented to IP Strategy for Greentech Ltd in the area of Low Carbon Technology Executive Summary Modern businesses cannot survive if they are unable to create, exploit, while at the same time ensure that Intellectual Property (IP) is protected; R&D efforts would be compromised, as well. In addition to the expertise provided by professionals, it is nowadays important for organizations to have an IP strategy, or an IP portfolio management process that is aligned to their business processes (Shultz 1996). A clear Intellectual Property Strategy is of significant importance as an organization seeks to...
8 Pages(2000 words)Essay

INTELLECTUAL PROPERTY LAW

...owner of the work is not arbitrarily transferred to another person (Norman 2011, p.61). Therefore, if the work is not copyrighted and Dicky is certain to be the inventor of the Valuation Guidelines and employment contract was silent on content produced in course of employment, he should under copyright law seek a patent approval as fast as possible. This is because without copyright, the claim of ownership can easily change from him, as Reginald could easily patent the Valuation Guidelines under the name of the organization and this would complicate matters for Dicky to claim ownership. This is because for copyright infringement cases over intellectual property to succeed, the first...
11 Pages(2750 words)Essay

Intellectual property law

...Outline Intellectual Property Law 2. The Red Lion pub organizes a contest of literary improvisation. Each participant is provided with an essential plot to be used as a starting point, whereupon they have to develop an oral tale lasting about 15 minutes. Members of the public are allowed to intervene by making comments, giving suggestions and requiring changes during the performance in order to pull the story in the direction they want. Following the plot provided by Hector, the proprietor of the Red Lion, Brad, works out an excellent improvisation, whereby he composes a breathtaking dramatic tale making from time to time use of Lionel’s suggestions as to how to depict the characters and...
12 Pages(3000 words)Essay

INTELLECTUAL PROPERTY LAW

...Running Head: INTELLECTUAL PROPERTY LAW Intellectual Property Law of the of the Intellectual Property Law Question 1. “The lawsuit of Viacom International against YouTube has not been decided yet. However, it is clear that companies like YouTube that present user generated- content should not be allowed to continue with their current policy, where they are able to generate enormous profits from the availability of such content on their websites, while right holders in the presented material end up with nothing.” Critically discuss. (800 words) It is true that companies like YouTube...
20 Pages(5000 words)Essay

Intellectual Property Law

...Intellectual Property Law Passing off was established a long time prior to the registration of trade marks as a common law tort. Its original intention involved the protection of businessmen and traders, allowing them to act on fellow traders who made attempts to use their established goodwill or reputation through use of a similar get up or mark to the original trader’s1. In order for the trader to bring action against another for passing off, they needed to establish resulting damage, misrepresentation, and goodwill. A statutory system was introduced, in 1875, to register trademarks whereby trademark registration acted to indicate a product’s origin or identity, while...
8 Pages(2000 words)Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic Intellectual Property Law for FREE!

Contact Us