Intellectual Property Law - Coursework Example

Intellectual Property Law Student Name Institution Date Table of Contents Table of Contents 2 Introduction 3 Discussion of the potential problem 4 Discussion of U.A.E. intellectual property law 4 Apple-Samsung litigation 7 The World Intellectual Property Organization 8 Intellectual property licensing agreement 9 Conclusion 10 References 11 Newman, D. et al, (2012). Apple v. Samsung: Proof of copying in the hands of a sophisticated jury results in large damages for the patent owner. Retrieved on 6 December, 2012, from http://newsandinsight.thomsonreuters.com/Legal/Insight/2012/09_-_ September/Apple_v__Samsung___Proof_of_copying_in_the_hands_of_a_sophisticated_ jury_results_in_large_damages_for_the_patent_owner/ 11 Gross, R. (2007). World Intellectual Property Organization (WIPO). Retrieved on 6 December, 2012, from http://www.giswatch.org/institutional-overview/civil-society- participation/world-intellectual-property-organisation-wipo 12 Introduction According to Wipo, intellectual property is defined as the creations that come from the mind. Such creations include inventions, names, symbols and images that are used in commerce and literary and artistic works. The properties can be divided into either industrial property like industrial designs, trademarks and inventions as well as copyright which includes literary works. The intellectual property rights usually allow the inventors, creators and owners of patents the right to benefit from their own works. In the Universal Declaration of Human Rights, article 27 provides that for one’s material and moral interests that are from their literary productions or authorship of scientific productions to be protected and they benefit from this protection. It is important for one to benefit from the protection since for the well being of humanity to progress, invention of new works is necessary. Further, legal protection of such new creations motivates and encourages people to commit and use more resources in innovation. Besides these, protection of intellectual property spurs the economy to grow and this promotes the quality of life leading to enjoyment. It is important to note that an efficient intellectual property that is equitable helps countries to realize the potential they have and it catalyses the development of the economy as well as the cultural and social well being of the country. Discussion of the potential problem Globally, pirated and counterfeit goods have flown and this calls for the protection of rights owners (US CBP and NCC). Various risks arise from lack of protection. Such risks include infringement and people taking advantage of some of the benefits they get from the present technologies to use the works of others fraudulently. For instance, use of the internet has meant that protection of rights is not satisfactorily done by the legal bodies. Such issues are addressed by the creation of legislation that is internationally based (Korn, 2005). The infringement of rights of intellectual property can also lead to deterioration of the economy of a country when the same invention that was supposed to benefit that country is being used by another country with no benefits being achieved by the mother country. It is therefore important that the rights of intellectual property are protected from exploitation. The system of intellectual property helps get a balance between innovators’ interests and the interests of the public and as a result, an environment that enhances invention and creativity for the benefit of all is provided. In this paper, the intellectual property laws of the UAE will be discussed. Further, the role of WIPO in intellectual property shall be discussed and a summary of the decision reached in the recent court decision in the U.S. in the litigation involving Apple and Samsung shall be looked into. Finally, a licensing agreement that could be used to enable the company to use Apple’s technology in order to avoid any potential litigation shall be drafted. Discussion of U.A.E. intellectual property law In recent years, the UAE has prioritized protecting intellectual property. The year 2011 saw the UAe establish an independent office that was meant for intellectual property rights (IPR). This office was created under the Ministry of Economy and a position set aside for an undersecretary at the IPR. According to United Arab Emirates (2011), industrial estimates in the year 2011 indicated that the number of piracy in software in the UAE was the lowest in the Middle East. The UAE was also second lowest after South Africa when comparing Africa and the Middle East. Even as it appears that the UAE is the regional leader in fighting software piracy, other stakeholders in the industry still feel that there is more to be done and the UAE is still committed to working on the painted out areas like the establishment of a royalty mechanism for collection in recorded music. In the UAE, the Federal Law No. (31) for the year 2006 was laid was laid Pertaining to the Industrial Regulation and Protection Patents, Industrial Drawings, and Designs. Under this article, the provisions in this law do not violate those provisions that are laid by international treaties and other conventions in which the UAE is a member of. The provisions that regulate citizens’ rights; the citizens whose countries are member states in the treaties are also protected. Temporary protection is awarded for drawings, inventions and designs that are demonstrated under terms and conditions set by implementing regulations of the law. This takes into account the provisions that are stated in the treaties, international agreements and reciprocity conditions. For patents and utility certificates, letters patent is awarded when any new invention that results from an innovative step or idea in technological fields on provision that the innovative step or idea is scientifically based and can be applied industrially. The invention is deemed to be applicable industrially when it can be used in fields like handicrafts, agriculture, fisheries and services. This application is restricted to only on e invention or a group that has related inventions and generally yields one innovative concept (United Arab Emirates, 2006). On the other hand, a utility certificate is issued for new inventions that can be applied in the industry but do not have any innovative character that warrants patentability. In article 3 of the UAE Copyright Law, the fundamental principle which states that copyright ensures the protection of expression of ideas and not only the idea is expressed. Furthermore, the trade of an item that embodies the copyright like a book will not transfer the financial or economic rights but will only transfer the ownership of that physical item. In addition, there will be no causing of prejudice with respect to the rights’ protection if the filing of the work has not been done and the disposals therein and the rights thereof have not been registered. The copyright subject matter covers literary works like books, lectures, databases, paintings, drawings, architectural works, computer software as well as dramatic works. For international patent application, the administration receives applications according to the international treaties enforced in the UAE. Upon approval of the Ministers’ Cabinet, the administration appoints a patent office within a treaty member state for receiving the applications for the international patent on the administration’s behalf. The required fee is set by the administration according to the regulations that the international treaty provides. The fee has to be paid within six months of application. For the trade mark laws, ten years protection is provided with a provision for extension. In the event of breaching, the owner of the trademark has the right to sue in court where the counterfeit goods are retained or obliterated by the court. Miller (2012) states that when such an event occurs, the penalty is a fine or incarceration. Apple-Samsung litigation After one year of a heat up litigation, a panel of judges declared that Samsung overcharged the original technology executed by Apple to form its revolutionary iPad and iPhone. The electronics giant Samsung based in South Korea was declared guilty of duplicating Apple’s iPad and iPhone designs using its own invention. Apple is an electronic company in America. Since both of these companies are giant electronic firms, they got into conflict in 2011. One of the central judges within San Jose said that Samsung breached Apple’s copyrights with its designs that run the software of Google Android, which with time could possibly influence other manufacturers of mobile designs that depend in Android (Newman et al, 2012). The various patents that are involved in the question cover features and devices like zooming, enlarging texts and scrolling. In the dispute involved in these patents, out of seven Apple managed to win six. However Samsung planned a petition regarding the decision of the court. Due to the mixture of a complicated panel of judges that comprehended the degree of law governing intellectual property and abundant proof of duplicating by Samsung, Apple managed to win $1.049 billion in its copyright breech complaint on August 24, 2012. Apparently the jury was swayed by proof that Samsung had duplicated models owned by Apple leading to a jury judgment that Apple’s six patent were discovered to be violated and not Samsung’s patents. In this scenario, the expertise covered by the copyrights was fairly delicate, covering the feel and look of the Apple tablets and iPhone and features like bounce back management of images found on the exhibit screen (Newman et al, 2012). On the other hand, because of the jurors’ advanced history they managed to get tremendously in support of the famous leader of technology Apple. A retired engineer, 67 year old Hogan had worked previously with computer hard drive expertise for Memorex, Inc., Storage Technology Inc. as well as Digital Equipment Corp (Newman et al, 2012). He is also the founder of U.S. Patent No. 7,352,953 for “Method and Apparatus for Recording and Storing Video Information.” On a universal ground, it is a bit tricky to get a juror with a rudimentary patent’s knowledge. It is nonetheless another issue entirely to get a juror like Hogan, who has founded a wireless keyboard apparatus and software that facilitates a user to easily access the email and web services, as well as purchase a movie that is on demand. With regards to his background, it is apparent why Hogan was appointed the foreman of the jury behind the Apple and Samsung litigation. The World Intellectual Property Organization The World Intellectual Property Organization (WIPO) is the specialized agency of the United Nations that manages international agreements concerning rights of intellectual property. Its member states are approximately 184 and comprise more than 90% of the nations of the globe, who take part in WIPO to discuss treaties and lay down policy on matters of intellectual property like copyrights, patents and trademarks (Gross, 2007). Founded in 1967 by the WIPO Convention, it postulates that the objective of WIPO was to enhance intellectual property’s protection all over the world. Some of the strategic goals set by WIPO in the budget and program of 2005-2006 include; promotion of an extensive culture of intellectual property, intellectual property integration into national development programs and policies, development of worldwide intellectual property standards and laws, quality services delivery in worldwide intellectual property systems of protection, and increment of WIPO’s efficiency in processes of management and support (Gross, 2007). The UAE is one of the WIPO’s members since it’s a UN’s member and thus abides by the provisions laid down by WIPO regulations in defending intellectual property in the nation. Intellectual property licensing agreement It is very important to have a good comprehension of rights that are being licensed whenever drafting and negotiation of license agreements take place. Like every agreement, excellent license agreements mirror the parties’ goals and provide every party with what they require to utilize the intellectual property successfully (Ray, 2008). Grant of authorization by a right’s owner to perform anything that- but for the owner’s permission- would be considered the owner’s right infringement. With this respect, the case of the Apple and Samsung means that there was breech of other party’s rights. One of the components of intellectual property is patent. Patent provides the owner with exclusive right to prevent others from creating, utilizing and selling invention stated in patent. However, invention needs to be useful and original. Patent protects processes and ideas. This is why Apple Company filed a lawsuit against Samsung for infringement of its patents. Another component is trademark. When an agreement is made, the licensee is allowed by the licensor to use and display the licensor’s service marks, trade names as well as trademarks with regards to the products enlisted in the agreement (Ray, 2008). Knowledge of intellectual property agreements equips organizations with rights and obligation they have thus prevents lawsuits and lawsuits in relation to intellectual property as in the case of Apple and Samsung. Conclusion The laws set aside by the intellectual property rights protection are meant to benefit both the owners of the property and the nation. The nation is boosted economically because such protection motivates individuals to work more towards the creation of newer properties. Through this, more creative properties are invented and this works to benefit the nation. On the other hand, the owners of the property will reap more benefits from the protection of their property since they will always gain from the royalties among other benefits. References Korn Naomi, 2005. Guide to Intellectual Property Rights and Other Legal Issues. Version 1.0. Italy. Miller, R. (2012). Fundamentals of Business Law: Excerpted Cases. New York: Cengage Learni. United Arab Emirates (UAE), 2011. Trade Summary. UAE. United Arab Emirates, 2006. Ministry of Economy Administration of Industrial Property: Federal Law No. ( 31 ) For The Year 2006 Pertaining To The Industrial Regulation and Protection Of Patents, Industrial Drawings, And Designs. UAE. U.S Customs and Border Protection and National IPR Coordination Center (US CBP and NCC). Intellectual Property Rights Enforcement: How Businesses can Partner with CBP to Protect their Rights. USA. World International Property Organization (WIPO). What is Intellectual Property? Newman, D. et al, (2012). Apple v. Samsung: Proof of copying in the hands of a sophisticated jury results in large damages for the patent owner. Retrieved on 6 December, 2012, from http://newsandinsight.thomsonreuters.com/Legal/Insight/2012/09_-_ September/Apple_v__Samsung___Proof_of_copying_in_the_hands_of_a_sophisticated_ jury_results_in_large_damages_for_the_patent_owner/ Gross, R. (2007). World Intellectual Property Organization (WIPO). Retrieved on 6 December, 2012, from http://www.giswatch.org/institutional-overview/civil-society- participation/world-intellectual-property-organisation-wipo Ray, R. (2008). Intellectual Property Licensing: Forms and Analysis. Law Journal Press, 1998- 2008. ISBN, 973-58852-086-9. Read More