StudentShare
Contact Us
Sign In / Sign Up for FREE
Search
Go to advanced search...

Intellectual property law - Coursework Example

Comments (0) Cite this document
Summary
Introduction The modern copyright laws originated in the United Kingdom. Currently, the UK copyright law is found in the 1988 Act, which has since been amended several times especially for the purpose of inclusion of European Union directives. Under this Act, the types of work protected under copyright include artistic/musical work, dramatic, sound recording, literary work, broadcast, and typographical arrangement of a published work…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER95.3% of users find it useful
Intellectual property law
Read TextPreview

Extract of sample "Intellectual property law"

Download file to see previous pages The last named often includes copying of "intellectual property" without authorization in writing from the copyright holder, who in almost all cases is a publisher who has been authorized to act on behalf of the work’s creator (Cornish and Llewelyn, 2007). Through the parliament, the United Kingdom enacted Copyright, Designs and Patents Act 1988 (c. 48), which is also called CDPA. Under section 1 of the Copyright,1 existence of copyright in an original literary work is spelt out. A person is assumed to have violated the Copyright if he does any act that is restricted by the Act, which includes copying literary work without seeking permission from the author or the copyright owner,2 and publicizing copies of the work.3 Breach of the copyright can be committed in respect to the whole of a sizeable part of the work.4 Provided that certain conditions are fulfilled, copyright grants the author of the work exclusive rights over their use. For instance, the author of a work enjoys exclusive rights to prevent or allow performance of their work in public or its copying. These rights are referred to as economic rights (Intellectual Property Office, 2011). Copyright is violated if someone does any of the exclusive actions prohibited by the copyright devoid of consent from the owner, in respect to the entire or a substantial component of a copyright work. Notably, there are exceptional circumstances where someone may use copyrighted work without violating the copyright. In the case of Paul Gregory Allen v (1) Bloomsbury Publishing plc (2) Joanne Kathleen Murray, 5 it will be discussed, in length, to what extent the judges considered copyrights as infringed or not infringed and the reasons they based their judgements on. Civil Procedure Rules A court is charged with the power to grant a summary judgement on the entire claim or on a particular issue or against a claimant or defendant as per rule 24.2, which is enshrined in the Civil Procedure Rules (CPR).6 However, two things must be considered before a summary judgement is granted including that the defendant or the claimant cannot successfully defend the claim and if there is any other gripping purpose why the the case should be taken for trial. Under CPR rule 24.6, security for costs can be put as a condition to act as an option to give a summary judgement (Cornish and Llewelyn, 2007). Facts The famous case between the popular Harry Potter series and the litigant, the Estate of Adrian Jacobs, the author of little known Willy the Wizard, a 16-page 1987 publication, shed new light into copyright issues and brought a completely new perspective into the history of copyright litigation.  Paul Gregory Allen on behalf of the Adrian Jacob estate, alleged that defendant, Scholastic Inc. continued to reproduce, distribute, offer for sale, sell copies of the book by J.K Rowling Harry Potter and the Goblet of Fire, which is "In substance similar to the copyrighted book Willy the Wizard, thus violating the United States Copyright Act. The authors of Harry Potter were therefore accused of violating the right to derivative works and hence the other copyrights of the complainant. This makes the case unique as the court had to decide whether there were ideas that were ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Intellectual property law Coursework Example | Topics and Well Written Essays - 3000 words”, n.d.)
Intellectual property law Coursework Example | Topics and Well Written Essays - 3000 words. Retrieved from https://studentshare.org/law/1403013-intellectual-property-law
(Intellectual Property Law Coursework Example | Topics and Well Written Essays - 3000 Words)
Intellectual Property Law Coursework Example | Topics and Well Written Essays - 3000 Words. https://studentshare.org/law/1403013-intellectual-property-law.
“Intellectual Property Law Coursework Example | Topics and Well Written Essays - 3000 Words”, n.d. https://studentshare.org/law/1403013-intellectual-property-law.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Intellectual property law

Canadian Corporate Business Law

This was done by virtue of a loan to Ashley in the sum of $300,000 providing Temper with a first mortgage against the suite.
Two politicians invest in Temper, Stefan di Yawn who invests $500,000 in respect of 500 Class A shares and Bob Eh invests $100,000 for 100 Class A shares. In order to secure these investments, the politicians take a security interest in Temper. Shortly after the company experiences some difficulty beginning with Angelina who is photographed spitting on the sidewalks which gets the attention of politician Hillary Squinton who ran her campaign on a clean sidewalks platform. She initiates action against Angelina by taking the matter up with Spitting on Streets Board chaired by Angelina’s boyfriend Br...
11 Pages(2750 words)Case Study

Property Investment Analysis

The Red Book valuation figures offer useful guidance on valuation, however they contain overlapping material from diverse sources. The Mallinson Report has identified the need for the RICS to publish a single, comprehensive and user friendly source of standards for valuers and establish a single point of coordination in the institution’s delivery of valuation services. The Report also states that the information provided needs to be more specific so that it place more specific further education demands on valuers. Additionally, there must be additional power provided to the Institution to investigate problem cases and take disciplinary action when it becomes necessary, despite the possibility of courts exerting a restricting...
13 Pages(3250 words)Assignment

Family Law: Breakdown Of Marriage

In general, contesting a divorce is a difficult issue and grounds for divorce are generally allowed by the Courts. If one party makes a decision that the marital relationship is no longer working, the Courts are likely to accept this decision and grant the divorce.

While adultery is one of the important grounds for granting a divorce, John claims in this instance that he has not had an affair with Emma. Possibly, if this was the only issue at stake, he could have contested the divorce. However, there is also the additional issue of unreasonable behavior, which are also good grounds for the grant of a divorce. Isabel has made attempts to get him to see a therapist and has tolerated his depression and withdrawal during hi...
10 Pages(2500 words)Case Study

Applied Land Law, Contract Law and Tort Law

There seems to be a lack of consideration to accompany the subsequent agreement between the parties for ABC Ltd. to pay the extra ₤10,000. In essence, ‘consideration’ refers to something of value, in a legal sense, flowing from Grabit to ABC Ltd. so as to enable Grabit to hold ABC Ltd. to its promise to pay that extra amount.
Grabit will obviously argue here that they are indeed doing something of value to ABC Ltd by building the extension of the warehouse. However, the problem is that this building of the extension is exactly what Grabit was already contractually bound to do under the ₤200,000 fixed price contract. As seen from Stilk v Myrick1, the general rule is that the performance of an existing contractual d...
11 Pages(2750 words)Assignment

Organization and Functions of Federal Law Enforcement Agencies

Threats may either appear in the form of terrorism or from other intelligence groups or from the espionage. It may arise within the country, against the existing government or social systems. Though most of the federal law enforcement groups are investigative groups, they are not only focused on investigations but stand for the people. One can see that the importance of the federal agencies is growing day by day because the threats from militants and others have considerably increased. Such kinds of federal law enforcement agencies include Federal Air Marshalls, Secret Service, FBI, Untouchables, C.I.A and Federal Corrections etc. The organization and functions of these agencies vary in different fields and can be cited in the fol...
7 Pages(1750 words)Case Study

Company Law Issues

Various sections of the CA are coming into force over a staged process and the relevant provision relating to authority is sections 39 and 40, which came into force on 1 October 2007.

Section 39(1) of the CA provides that “the validity of any act done by a company shall not be called into question on the ground of lack of capacity by reason of anything in the company’s constitution”

Additionally, section 40(1) provides that: “In favor of a person dealing with a company in good faith, the power of the board of directors to bind the company, or authorize others to do so, shall be deemed to be free of any limitation under the company’s constitution”.

Section 40 (2)...
9 Pages(2250 words)Case Study

Contract Law

This expression of willingness can assume several forms, such as a facsimile, letter, electronic mail or a telephonic message. The intention is an objective consideration and in the case of Smith v, Hughes 4 relevant consideration was deemed to be the manner in which a reasonable person would view intention. Furthermore, the law distinguishes between an offer and an invitation to treat. The latter is not an offer but merely an indication of willingness to negotiate a contract.

An instance of this is provided by the case of Gibson v Manchester City Council5. In this case, the phrase may be prepared to sell was held to constitute an invitation to treat and not an offer. Indeed, the Gibson decision challenged the tradition...
6 Pages(1500 words)Case Study

Constitutional and Administrative Law

When examining the decision of previous court comments that are made obiter dicta will not be part of the precedent since often obiter dicta comments are speculative remarks on how the judge might have acted if the facts had been different.

Binding precedents come from earlier case law and, as suggested in the wording, must be followed even if the judge in the present case does not agree with the legal reasoning of the judge in the earlier case. In order for a precedent to be binding the facts of the present case to have to be sufficiently similar to the earlier case. Decisions given in a lower court to the one in which the present case is being heard will not be binding. For a decision to set a precedent it must have b...
8 Pages(2000 words)Assignment

The Law on Physical Punishment of Children Fails to give Sufficient Respect to Childrens Rights

Under the English criminal law, several past and current legislations were made in order to protect the children from corporal punishment or becoming a victim of physical abuse. Despite our effort to prevent parents from using physical force in disciplining their children, the British Government remains unconvinced that the law which protects the children from physical punishment is sufficient (Keating, 2008). Physical punishment such as ‘smacking’, ‘slapping’, ‘kicking’, or ‘spanking’ is referring to the act of causing a degree of pain or discomfort to the child. (Niland, 2009, p. 6) With regard to the legal issues behind child protection against physical abuse, this study aims to d...
6 Pages(1500 words)Coursework

Analysis of Tourism and Hospitality Law Case

 The main issue that needs to be tackled first is whether there is a valid contract between Richard Brat, carrying on trade as Brighton Greens, (buyer) and Molly and Kelly trading in First Grade Granny Smith apples as Holy Farm.

Apparently, there was, when considering their verbal and written mail sent by Richard to Holy Farm on August 1 reading as follows –“Please deliver 20 boxes –Granny Smith ‘Brighton Greens’. Cheque mailed.“

It may be seen that the mail order does not specify the category or grade of apples to be supplied, but one of the implied conditions of sale could be that the goods ordered need to correspond with the goods inspected and tested.

In th...
8 Pages(2000 words)Case Study
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 Coursework on topic Intellectual property law for FREE!

Contact Us