Nobody downloaded yet

Intellectual property Law: Advise Professor Jones on the scenarioes - Essay Example

Comments (0) Cite this document
The main legislative framework in the UK governing copyright law is the Copyright, Designs and Patents Act 1988 (CDPA). It is important to mention at the outset that “ideas” are not…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER93% of users find it useful
Intellectual property Law: Advise Professor Jones on the scenarioes
Read TextPreview

Extract of sample
"Intellectual property Law: Advise Professor Jones on the scenarioes"

Download file to see previous pages Moreover, once original work is created, copyright exists without any requirement for registration4. Copyright is also simultaneously created worldwide irrespective of the where the act of creation took place5.
However, the content will not be protected per se as copyright law requires that the works must be original6. With regard to copyright law, the definition of originality does not have it ordinary dictionary definition and the “courts have interpreted the concept very loosely”7. For example, in the case of Ladbroke (Football) Ltd v William Hill (Football) Limited8 it was asserted that term “original” in context of copyright law “only required that the work should not be copied but originate from the author”9.
Furthermore, the courts have looked to whether a substantial amount of work or effort was expended in creating the work in determining originality. This was propounded in the case of Macmillan & Co v K & J Cooper10 where it was stipulated that the basic foundation for attracting copyright protection was that a reasonable amount of work involving judgement and selection had been utilised in creating the work.
In the current scenario, Professor Jones’ work is most likely going to be protected as a literary work for the purposes of the CDPA definition. Accordingly, in order for Professor Jones’ lecture notes and the diagrams on the flipchart content to attract copyright protection as a literary work, the “skill, labour or judgment” in creation test will be utilised to determine copyright protection11. Whilst differing approaches have been taken and it is ultimately a question of fact12; the general consensus is that there must be some measure of skill and effort expended in the production of the work before it can attract copyright protection13.
Provided this is satisfied the notes and lecture handout will be copyright protected as a literary work. As such, Section 2(1) of the CDPA ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
(“Intellectual property Law: Advise Professor Jones on the scenarioes Essay”, n.d.)
Intellectual property Law: Advise Professor Jones on the scenarioes Essay. Retrieved from
(Intellectual Property Law: Advise Professor Jones on the Scenarioes Essay)
Intellectual Property Law: Advise Professor Jones on the Scenarioes Essay.
“Intellectual Property Law: Advise Professor Jones on the Scenarioes Essay”, n.d.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document
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
...Law. New York: Taylor & France. Hart T (2008) Intellectual Property Law: Law Masters series (5th) London: Palgrave Macmillan Holyoak and Torremans (2010) Intellectual Property Law Sixth Edition. Oxford: OUP Jones Hugh, Jones Hugh, Benson Christopher& Christopher Benson. (2006). Publishing Law. London: Taylor& Francis MaQueen (2010) Contemporary Intellectual Property Law and Policy second edition. Oxford: OUP Sparrow, Andrew Peter (2009). The Law of Virtual Works and Internet Social...
9 Pages(2250 words)Essay
Intellectual Property Law
...of filing the application) is enforceable by the laws of the same country. In conclusion, Trevor’s invention of a common cold drug was patentable under the requirements of patentability within UK intellectual property rights. Part B: UK System of Copyright Exceptions United Kingdom copyright system is under the provisions and directives of the Copyright, Designs, and Patents Act 1988. This Act contains more that 60 sections setting out scenarios under which an action may not be considered as an infringement into copyright of an individual’s artistic works. The high number of exceptions within this Act sets fear amongst different individuals who strongly believe that such...
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
...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
...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: Advise Professor Jones on the scenarioes for FREE!
logo footer
Contact us:
Contact Us Now
FREE Mobile Apps:
  • StudentShare App Store
  • StudentShare Google play
  • About StudentShare
  • Testimonials
  • FAQ
  • Blog
  • Free Essays
  • New Essays
  • Essays
  • Miscellaneous
  • The Newest Essay Topics
  • Index samples by all dates
Join us:
Contact Us