Intellectual Property Law Assignment
Intellectual property law can be referred as the regulatory mechanism in terms of securing legal rights of inventions, design and any kind of creative works. This law basically protects and controls the intangible assets(Bently & Sherman, 2014). Purpose of this law is to provide rewards and intensive to the creator of the artistic works. Present essay will highlight different aspect of internal properly law.
According to the case study, Dana is little bit annoyed on Felicity for using quotation from ‘Policies Then’ without taking any kind of permission. Now, it is important for Dana to take legal action against Felicity for not following the rules and regulations related to copyright. It is important to note in this context that this protection related to artistic work includes both published and unpublished work(Hart, et al., 2013).Design and Patent Act (CDPA) 1988 has been introduced with the intention to serve the author with the ability to protect moral and economic right of their works. It is important for Dana to sue Felicity for breaching CDPA act. The length of copy right protection especially artistic or dramatic workexist for 70 years. Therefore, Felicity has broken the rules of copy rights for which she has to face legal issue. At the first stage, it is the basic duty of Dana to confirm authenticity of the work(Torremans, 2016). As Dana has worked for 10 years in the UK parliament, it is easy for him to show the manuscripts to the court for strengthening the fact that the book belongs to other authors.
There are two different parts of copy right which include ownership and authorship. Author of a works is regarded as the creator. One of the most significant matter of consideration in this context is that when two or more people associate with each other for creating work, they can be referred as joint author(Leaffer, 2010). According to the case study, ‘Policies Then’ is the book which belongs to joint author. Dana must ensure that speech made by Felicity has fallen under the length of copy right. Ownership is another significant matter of consideration in copy right. In a collaborative work, first author hold the liability of ownership. Ownership of physical conduct must be distinguished from the ownership of copyright. For instance, purchase of CD cannot be observed on the fact that the purchaser hold the ownership of the musical work. Therefore, Dana can also Edger for not taking the permission from Hugh before setting music to his work.
Basic purpose of Copy right is to encourage the creativity of the workers and thereby protecting the right of intellectual property. Copyright infringement can be referred as the unethical activity of un authorised copying of someone’s work(Stokes, 2014). It is worth to mention in this context that copyright infringement can lead to loss of the work of the creator. Therefore, it is basic duty of the claimant to sue against ten defendant for not following the rules and regulations related to copy right. Dana must confirm the originality of the work and strengthen the fact that ‘Policies Then’ belongs to the collaborative work.
The claimant must also prove that the work belong to the copyright protection. Dana must ensure that ‘Policies Then’ qualifies all the protocols related to copy right. Section 102 of Copy right Act states that there are some specific work which covers the quality of copy right protection. These works include literary works, dramatic work, musical and architectural work(Crews, 2012). ‘Policies Then’ falls under the category of literary work.
UK parliament must register the copy right of the book, with the help of which it report Dana can take legal action against Felicity for breaking the registration of copyright. This registration is very much needed in order to undertake the initiative of lawsuit. Registration of the copy right of a work takes merely 9 months from the date of publication. Therefore, the publishing house of the UK parliament to follow all the relevant governmental protocols for registering the copy right of ‘Policies Then’.
Registration has some significant benefits. This registration will make it easy for Dana to sue for the damages as an outcome of copy right infringement. Dana can also acquire the attorney fees against the copy right infringement. However, Dana must strengthen hereligibility before undertaking a law suit. Dana can plea to the higher official of the parliament for a letter of approval to ensure her eligibility before entering into a legal procedure(Cornish, 2015).
Confirmation is necessary for taking legal action against copy right infringement. Dana should confirm the fact that both Felicity and Edgar have not taking any kind of permission before using speeches from the book(Harris, 2013). Dana should be committed gather prove of infringement in terms of enjoying a fair trial and take legal action against Edgar and Felicity in an effective manner. Access establishment is also very important before initiate to lawsuit. Dana must state that both Edgar and Felicity has accessed to the speech of ‘Policies Then’ to defeat the case properly. Dana can also gather evidences from the eyewitnesses like the purchaser of the CD or the student of Felicity to strengthen that they have made unauthorised access of the book. This lawsuit against the copy right infringement must be made in between three years from the date of infringement(Woo, 2014).
Design patent can be referred as a form of legal protection to the ornamental design of a specific product. Design patent is nothing but a form of industrial design right. This ornamental can be referred to some specific products like jewellery, beverage container or some specific products of a company like machinery(May, 2013).
- a) Asper the case study, Auto Cater has made a product called clean pill which has some characteristic feature. Now, it is important for the manager of Auto Cater to protect the design of the product in order to ensure its uniqueness(Torremans, 2016). It is important for the manager of Auto Cater to register their product for the sake of protecting it and prevent people from copying it. Design registration is the only way to protect outer appearance of a product.
The management of Auto Cater can also undertake the activity of patent protection. This would benefit them to protect the concept, characteristic feature and manufacturing method of the product. One of the most significant advantage of this patent protection is that it will make it easy for the marketers to protect any kind of product irrespective of their outer appearance(Dratler & McJohn, 2016). They can also use register trademark for protecting their brand and thereby differentiate their product from other. As the product called ‘Clean Pill’ has some unique product, initiation of trademark will serve the entrepreneur of Auto Cater with the ability to authorise their brand and thereby improve their public image(Williams, 2013). Improved brand value can also be acquired through this trademark. Patent can aid the manager of Auto Cater to acquire corporate value and thereby enhance rate of profitability.
- b) According to the case study, it is the prime responsibility of the management of Auto Cater to be committed to sue Vegimat on the ground of infringement. There are some steps which must be followed by the manager of Auto Cater to resolve the case of infringement. A patent attorney must be hired for analysing an infringing conduct and acquire an opinion letter. This attorney can also serve Auto Cater with the ability to guide the way through which proper law suit can be initiated(Waelde, et al., 2013). A cease-and-desist letter must be sent to the defendant.
It is essential for the manager of Auto Cater to issue a letter to the management of Vegimat by stating the fact that they have not copied the product. The management of Auto Cater can also mention in the letter that Vegimat machine and clean pill are different from each other certain ground. The Vegimat machine can pill the vegetable but cannot slice them. In the letter, it can also be mentioned activities which are to be performed by Vegimat to avoid the lawsuit(Lessig, et al., 2014).
It is necessary to identify the remedies before initiating the lawsuit against patent. The manager of Auto Cater must be committed towards determining the remedies before filing case against lawsuit. Interest and cost are most significant(Belderbos, et al., 2014). Auto Cater can ask for interest and cost which will assist them to acquire the fees against the damages which have been incurred at the time of lawsuit. In order to undertake a lawsuit against patent infringement, the manager of Auto Cater must file case in the federal court. In the case, the management of Auto Cater should provide a statement by showing the validity of the patent and the evidences which can prove that Vegimat has not followed the rules and regulations related to patent and thereby should be punished on the ground of infringement.
- c) The management of Auto Cater must be committed towards protecting their products properly, if they don’t have the option of patenting. Trade dress can be referred as entire image of the product like size, colour, texture and graphic. These are the outer appearance of a product. Importance of trademark mark is needed to be considered in this context. Auto Cater can use trade mark and thereby register their products(Gibson, 2016). This can serve them to distinguish their products and prevent others from stealing it.On the other hand, product packaging trade dress include outer image of the product which has been created by the packaging department of a company. Ornamental feature of the product must also be protected which will facilitate Auto Cater to strengthen specification of the product(Evers, et al., 2016). Auto Cater should be committed towards initiating design patent with the intention of protecting ornamental configuration of Clean Pill.