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a question on IP Law (Read 8069 times)
vaishnavi
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a question on IP Law
Dec 28th, 2002 at 10:13pm
 
Hello Everyone.
I was given a few questions to be completed as part of my coursework. I have two questions which i am completely unsure of. Can anyone help me identify the important issues that need thorough discussion for these questions?

1) "The long term protection given to authors by copyright law stands in stark contrast to that for patents, industrial designs and ohter productive subject matter. ...It is a provocative choice: why does the creativity of authors deserve this distinction?" (W.R. Cornish, Principles of Intellectual Property Law)
Discuss Professor Cornish's questions with reference to case and other materials.

2) "The law of copyright rests on a very clear principle: that anyone who by his or her own skill and labour creates an original work of whatever character shall, for a limited period, enjoy an exclusive right to copy that work. No-one else for a reason reap what the copyright owner has sown." (per Lord Bingham in Designer's Guild v Russell Williams Ltd [2001] 1 WLR 2416)
Discuss with reference to decided cases.


I would really appreciate feedback on what all of you think and what you all think is appropriate and most necessary for me to add in my answers.

Thanks you all so very much.
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Re: a question on IP Law
Reply #1 - Dec 30th, 2002 at 3:31am
 
What are you thinking about in your answers so far?
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scottishlaw
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Re: a question on IP Law
Reply #2 - Dec 30th, 2002 at 3:49am
 
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ideas?
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Re: a question on IP Law
Reply #3 - Dec 30th, 2002 at 3:58am
 
Q1

Sorry, poor structure to these thoughts, but I'm not writing the essay so it doesn't really matter!

Maybe focus on the fact that patents must be "capable of industrial application".   Copyright protects works of art, music, literature, film, etc.  These do not share the same wider global trade and commercial benefits. 

If you allow patents to exist for too long a period of time it would create a much greater monopoly of the invention in question.

The fact that patents exist for a limited number of years encourages inventors to develop and exploit their invention quickly. (and we all, in theory benefit then!) 

Patents help to reward inventors but also allow inventions to be developed.  If you don't manage to develop it, someone else needs to have a try! (similar to the greater good idea above)

You could maybe even confuse the matter by looking at whether computer programs should be patentable.  Certainly, a lot of these cases will have a brief overview of copyright vs patent and so will articles on this area too. 

Alan Gahtan's site is good for articles on IT/IP (see the link to Scottish Law Online above)
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Re: a question on IP Law
Reply #4 - Dec 30th, 2002 at 4:00am
 
First step though:

Grab a copy of "W.R. Cornish, Principles of Intellectual Property Law" and see what he says in that chapter!!!!
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scottishlaw
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Re: a question on IP Law
Reply #5 - Dec 30th, 2002 at 4:05am
 
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Re: a question on IP Law
Reply #6 - Dec 30th, 2002 at 4:15am
 
I would ignore this bit:
"No-one else for a reason reap what the copyright owner has sown."

It will just get confusing after a bit of analysing it!  Anyway, that's what the word "exclusive" means in the preceding sentence!

(the case says: "No one else may for a season reap what the copyright owner has sown." - not sure if it was your typo, your lecturer's, WLR's or the House of Lords site?)
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scottishlaw
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Re: a question on IP Law
Reply #7 - Dec 30th, 2002 at 4:26am
 
Sorry, actually, maybe that's the point - copyright allows the owner to reap what he/she has sown. EVERYONE else can reap what the copyright owner has sown if he/she says they can!

So, the copyright owner can "for a limited period, enjoy an exclusive right to copy or allow others to copy that work"

Don't know if this question is asking for a "what is copyright" answer or a "why do we have copyright" answer.

What course are you doing?
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« Last Edit: Jan 6th, 2003 at 3:02am by YaBB Administrator »  
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Re: a question on IP Law
Reply #8 - Jan 7th, 2003 at 6:35pm
 
This might be a controversial view, but have you considered reading the cases and texts referred to in the essay question, consulting other sources and then formulating a considered response to the question based on your own work?
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