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The Issues in Intellectual Property Law - Assignment Example

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The author examines patent protection and patentability of the Exit Poll machine at the national and European community level and whether the Exit poll machine can be protected as a registered design right. The author describes the issues regarding ownership of Exit poll and use of the brand name. …
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The Issues in Intellectual Property Law
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Download file to see previous pages If Barak and John intend to launch the Exit poll as a commercial product, any advertising, and promotional activities will be governed by the British Code of Advertising and Sales Promotion (“the Code”), which is enforced by the Advertising Standards Authority. Most importantly, Rule 3.1 of the Code provides that advertisers must hold documentary evidence to prove all claims made, whether direct or implied.  Additionally, Rule 7.1 of the Code provides that no advertisement should mislead by inaccuracy, ambiguity, exaggeration, omission or otherwise.  As such, intellectual property protection is vital to protecting the brand and a patent would further bolster Barak and John’s credibility regarding the Exit poll machine.
The overriding purpose of patent protection is to promote innovation while striking a balance with free competition (Davis, 2007). The grant of a patent gives the owner of the patent a monopoly for an invention for a period not exceeding 20 years, however, the monopoly is not absolute (Bainbridge, 2007).
Article 52(1) of the European Patent Convention states that “European patents shall be granted for any new inventions which are susceptible of industrial application, which are new and which involve an inventive step”(www.epo.org). Furthermore, Section 1(1) of the Patents Act 1977 (PA) requires the following conditions to be satisfied for a patent to be granted for an invention, which the Exit Poll machine must satisfy:
With regard to the novelty requirement, the invention must not be public or part of the state of the art (Section 2(2) PA). As such, the invention must not be anticipated by an existing patent (Jaffe & Lerner, 2004).
With regard to inventive step, section 3 of the PA requires provides that an invention will have “inventive step” when it is not obvious to a person skilled in the art. ...Download file to see next pagesRead More
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