Intellectual Property Law - Free Essay Example

Sample details Pages: 4 Words: 1122 Downloads: 10 Date added: 2017/06/26 Category Law Essay Type Analytical essay Tags: Intellectual Property Essay Did you like this example? Clients issue 1) Mr. Litt is currently having an issue with the Hartleyà ¢Ã¢â€š ¬Ã¢â€ž ¢s firm, based on intellectual property. The Hartleyà ¢Ã¢â€š ¬Ã¢â€ž ¢s firm is trying to reap off foxtons signage. Don’t waste time! Our writers will create an original "Intellectual Property Law" essay for you Create order A signage refers to the symbols, signs, or designs used in advertisement. From the images provided in the document, it is evident that Hartleyà ¢Ã¢â€š ¬Ã¢â€ž ¢s is trying to reap off foxtonsà ¢Ã¢â€š ¬Ã¢â€ž ¢ signage. Mr. Litt feels that the Hartleyà ¢Ã¢â€š ¬Ã¢â€ž ¢s firm is being biased, by trying to reap off their signage. To solve this issue, Mr. Litt chooses to apply intellectual laws with the hope of ceasing Hartleyà ¢Ã¢â€š ¬Ã¢â€ž ¢s biasness. Mr. Litt is not familiar with intellectual law. Therefore, to advise Mr. .Litt, the paper will focus on intellectual law, after which the paper will advice Mr. Litt on the relevant action to take. Overview on which law in place (Intellectual property) 2) Intellectual property (IP) may be defined as the creations and ideas of an individual. These ideas may include designs, images, or even symbols used in commerce. There have been various statutes in the UK that relate to IP. These statutes tend to emphasize the IP rights. These rig hts include, the patent, copy right, design, trademarks, among others. These statutes stipulate legal measures that tend to control intellectual issues, such as Mr.Littà ¢Ã¢â€š ¬Ã¢â€ž ¢s issue with the Hartleyà ¢Ã¢â€š ¬Ã¢â€ž ¢s firm. These statutes will be discussed in the next chapter. To elaborate more on these statutes, the discussion will also include previous cases, which relate to the statutes [1] Substandard of law (Passing off) 3)PassingÃÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒâ€šÃ‚ offisacommonlawactionratherthanastatutorycauseofactionandisusedtopreventonepartyfromusingthegoodwillassociatedwithanotherpartyfortheirownbenefit.PassingÃÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒâ€šÃ‚ offdoesnotprovidetheownerofthegoodwillwithamonopolyinthemark,ratheritprotectsthetradersbusinessagainstwhatcanessentiallybedescribedasunfaircompetition Thelawofpassingoffiswideandalsocoversgoodwillassociatedinslogans,visualimages,domainnamesandotherdescriptivematerial.TherearethreebasicrequirementstoestablishpassingÃÆ'à ‚ ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒâ€šÃ‚ off.The claimantmustestablish:ÃÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒâ€šÃ‚  1. that goodwill exists in his or her goods orservices, in the area where infringement hastakenplace; 2. misrepresentationbytheinfringertothepublicsuch that the public believe or are likely tobelievethatthegoodsorservicesofferedbytheinfringerarethoseoftheclaimant; 3. thathe/shehassuffereddamage,orthereisalikelihood of damage occurring, due to theinfringerà ¢Ã¢â€š ¬Ã¢â€ž ¢smisrepresentation. Damages available for passing off 4 ) In the case of passing off the following remedies are available: Damages or an account of the defendants profits An order for the delivery up or the destruction of the infringing articles or products An injunction An enquiry to establish loss Cases and statutes in support for client 5 ) A famous case that involved copy right infringement in the UK was the case involving George Harrison v the B right Tune[2]. George Harrison was accused of plagiarizing a song. George was found guilty and as a result, George paid a total sum of 587.000.00. The case was later dismissed in 1981 . 6) The case that involved Google and apple is a famous case that revolved around the patent rights. The two companies had an issue over phone patent rights. Apple felt that Google was trying to reap off their new eject technology, To this effect. Apple took a legal action on grounds off patent theft. 7) A good example of a case that was based on trademarks infringement was that involving. Gucci and Guess. Gucci a famous designer label accused Guess of reaping off its trademark. Gucci won the case against Guess and as a result Guess paid 54.7 mi Ilion to compensate Gucci for the damages resulting from the trademarks infringement The rele vant actions that Mr. Litt should take in relevance to the IP laws 8 ) Mr. Litt and other senior persons at Foxtons could opt to take certain actions that will help them to solve the problem with the Hartleyà ¢Ã¢â€š ¬Ã¢â€ž ¢s firm. These actions will be identified and elaborated in next chapter. Registering the foxton signage as stipulated in the trademarkà ¢Ã¢â€š ¬Ã¢â€ž ¢s act (1995) 9 ) To start off, Mr. Litt could think of applying the trademarkà ¢Ã¢â€š ¬Ã¢â€ž ¢s act (1995). The act stipulates that all trademarks ought to be registered under the organizationà ¢Ã¢â€š ¬Ã¢â€ž ¢s name. Mr. Litt should consider registering the firmà ¢Ã¢â€š ¬Ã¢â€ž ¢s trademark. By registering the trade mark, the foxtonà ¢Ã¢â€š ¬Ã¢â€ž ¢s firm shall have legal rights to the trade mark. This will prevent the Hartleyà ¢Ã¢â€š ¬Ã¢â€ž ¢s firm from using the same trade mark. This move will offer a permanent solution to the issue between the two firms [3] Arbitrary action 10 ) Mr. Litt cou ld also consider holding an arbitrary meeting with the superiors at the Hartleyà ¢Ã¢â€š ¬Ã¢â€ž ¢s firm, in the presence of an arbitrator (preferably a legal expert in IP law). During the meeting, Mr. Litt could bring up the issue and try to solve the issue amicably. Mr. Litt should confront the current situation and request the superiors at Hartleyà ¢Ã¢â€š ¬Ã¢â€ž ¢s to cease using foxtonà ¢Ã¢â€š ¬Ã¢â€ž ¢s signage. If the superiors at Hartleyà ¢Ã¢â€š ¬Ã¢â€ž ¢s refuse to comply with Mr. Littà ¢Ã¢â€š ¬Ã¢â€ž ¢s demands, Mr. Litt should consider taking necessary legal action against the Hartleyà ¢Ã¢â€š ¬Ã¢â€ž ¢s firm [4] Legal action (litigation) in IP courts on grounds of patent and copyright theft 11) Mr. Litt could also choose to sue the Hartleyà ¢Ã¢â€š ¬Ã¢â€ž ¢s firm on the grounds of patent, copyright and trade markà ¢Ã¢â€š ¬Ã¢â€ž ¢s acts that were discussed previously. These acts tend to protect the property of an individual, ensuring that the property is not subject to copy right and patent theft. The Hartleyà ¢Ã¢â€š ¬Ã¢â€ž ¢s firm has reaped off foxtonà ¢Ã¢â€š ¬Ã¢â€ž ¢s signage. By doing this, the firm has done contrary to what is stipulated in the three acts. Therefore, Mr. Litt should sue the Hartleyà ¢Ã¢â€š ¬Ã¢â€ž ¢s firm on grounds of copy right and patent theft [5] Conclusion 12) Intellectual property is a wide department that is broken down to three laws, the copy right laws, trademarks law and the patent law. From the discussion, it is evident that the three laws govern the field of Intellectual property. Over the years cases involving copy right, patent and trade markà ¢Ã¢â€š ¬Ã¢â€ž ¢s infringement have been quite common. To curb the reoccurrence of these cases, governments should put more emphasis on Intellectual property laws. Mr. Litt should consider implementing actions proposed in the discussion above. With the immediate implementation of the actions proposed, Mr. Litt will find it easier to curb further damage. Of the f ive actions, Litigation is more recommendable. Litigation is considered more recommendable in the sense that it is efficient and effective. With the enactment of the proposed actions (meditation, litigation, arbitration, registration, and benevolent notice) Mr. Litt is guaranteed of a permanent solution to the issue with Hartleyà ¢Ã¢â€š ¬Ã¢â€ž ¢s firm. References 1)Chaudhry, P. E., Walsh, M. G. (1995). Intellectual property rights: Changing levels of protection under GATT NAFTA and the EU. The Columbia Journal of World Business, 30(2), 80-92. 2)Cornish, W. R., Llewelyn, D., Aplin, T. F. (2003). Intellectual property: patents, copyright, trademarks and allied rights (pp. 332-34). London: Sweet Maxwell. 3)Drahos, P. (1996). A philosophy of intellectual property (Vol. 223). Aldershot: Dartmouth. 4)Helpman, E. (1992). Innovation, imitation, and intellectual property rights (No. w4081). National Bureau of Economic Research. 5) Xu, G. G. (2004). Information for corpo rate IP management. World Patent Information, 26(2), 149-156. 6)edwards ,C,C. (2010) ,who owns your thoughts ? (intelectual property), Engineering and technology , 66-69 [1] (Cornish, 2003, p. 78). [2] George Harrison v the B right Tune [3] (Xu, 2004, p. 89). [4] (Helpman, 1992, p.67). [5] (Xu, 2004, p. 89).

The Article, Global Democracy Written By Joshua Cohen And...

In the article, Global Democracy? written by Joshua Cohen and Charles F. Sabel they discuss the idea of having a global democracy amongst all states. The expanded range of politics setting beyond each states domestic boundaries would mark global politics. They want to set up a set of global rules so that they can provide a common welfare for all states especially in under-developed states. These set of rules would be set up to make sure that all of the rules are fare and just for all the people living in the state including the minorities. The system of global democracy will not be used at all times, they want to be to step and take control when certain rules made by officials and leaders negatively directly effect the lives of citizens in the country. The main reasoning behind this system is the idea that it will cause leaders to become more accountable for all of their actions concerning their citizens. Both Cohen and Sabel feel that accountability is a major problem in the reasons why leaders are able to get away with the decisions they make because no one is checking in on them or making them explain their actions. Most time in an underdeveloped country there is a dictatorship and the dictator is power and also very rich, so there is no in the country who is willing, able, or powerful enough to question his decisions. They feel that if public scrutiny is implied then oficials and leaders would not be so quick to make decisions only to benefit themselves and the wealthy.

Modern history of JAPAN Free Essays

Distinct features of constitution: 1.According to Meiji constitution, all political power is in the Emperor’s hand. 2. We will write a custom essay sample on Modern history of JAPAN or any similar topic only for you Order Now The principle that sovereignty resided in person of the Emperor, by virtue of his divine ancestry â€Å"unbroken for ages eternal†, rather than the people, No other have chance to take position 3.The Emperor, nominally at least, united within himself all three branches (executive and legislative and judiciary) of government, albeit subject to the â€Å"consent of the Imperial Diet†. 4.Sacred and inviolable†, a formula which was construed by hard-line monarchists to mean that emperor retained the right to withdraw the constitution, or to ignore its provisions. 5.The Emperor’s commands (including Imperial Ordinance, Edicts, Rescripts, etc) had no legal force within themselves, but required the signature of a â€Å"Minister of State†. 6.The Emperor also had the sole rights to make war, make peace, conclude treaties Democracy in Meiji constitution. People’s right 1. Freedom of speech, assembly and association 2. Privacy of correspondence 3. Private property 4. Freedom of movement 5. Freedom of religion 6. Right to be appointed to civil or military or any other public offices equally. Moreover, according to constitution, the Emperor’s commands (including Imperial Ordinance, Edicts, Rescripts, etc) had no legal force within themselves, but required the signature of a â€Å"Minister of State†. Depart from Democracy. 1 All political powers in the Emperor’s hand. 2 The Meiji Constitution was founded on the principle that sovereignty resided in person of the Emperor, by virtue of his divine ancestry â€Å"unbroken for ages eternal†, rather than the people 3 The Emperor, nominally at least, united within himself all three branches (executive and legislative and judiciary) of government, 4 Ministers of State were appointed by (and could be dismissed by) the Emperor alone, and not by the Prime Minister or the Diet. 5 The Emperor also had the sole rights to make war, make peace, conclude treaties How to cite Modern history of JAPAN, Essay examples

Solutions to Climate Change in Nigeria- MyAssignmenthelp.com

Question: Discuss about theSolutions to Climate Change in Nigeria. Answer: Afforestation It is the activity of planting trees where they never existed before (Ogbo, Lauretta, and Ukpere, 2013). There is empirical evidence that has proven that Afforestation helps in carbon sinking (Amanchukwu, Amadi-Ali, and Ololube, 2015). The carbon sinks can either be permanently or temporary. Increased Afforestation helps in the reduction in the levels carbon dioxide in the atmosphere (Batta, Ashong, and Bashir, 2013). It suffices to point out that planting tree where none existed is crucial in mitigating the effects of climate change. The captured carbon dioxide is combined with the solar energy and converted into food by trees (Amanchukwu, Amadi-Ali, and Ololube, 2015). As such, trees are integral in completing the carbon cycle (Hansen, and Sato, 2016). Reforestation Reforestation is a term that describes the restocking of existing woodlands and forests (Hansen, and Sato, 2016). These woodlands and forests are often depleted. Through reforestation, a balanced ecosystem and resources are achieved. Several studies have shown that the improved forest cover is essential in reducing the effects of climate change (Amanchukwu, Amadi-Ali, and Ololube, 2015). Further, the resulting forest cover acts as a carbon sink. Indeed, the concept that forests can serve as a carbon sink has necessitated increased reforestation as a way of dealing with climate change globally (Batta, Ashong, and Bashir, 2013). Trees are crucial in removing excess carbon dioxide that is emitted from greenhouses. It is widely known that much of the global warming is due to the emission of greenhouse gases and other types of emissions (Amanchukwu, Amadi-Ali, and Ololube, 2015). The substantive debate that surrounds the concept of reforestation is whether it is a viable tool in fighting climate change. Consequently, questions relating to the ability of reforestation to have a significant impact on the reduction of atmospheric greenhouse gases. However, reforestation requires enough land to help in global efforts aimed at curbing climate change (Batta, Ashong, and Bashir, 2013). Reduce Carbon Emissions In developed countries, the cost of renewable energy is cheaper as compared to the developing countries like Nigeria (Hansen, and Sato, 2016). It suffices to point out that fossil fuels emit a lot of carbon dioxide into the atmosphere. People are often advised to buy cars which catalytic converters to help in burning the fuel. Further, in reducing carbon emissions, people are advised to save electricity and engage in the recycling of materials. Using Renewable Energy Resources In addressing the challenges posed by climate change, renewable energy is indispensable (Amanchukwu, Amadi-Ali, and Ololube, 2015). The utilization of renewable technologies is essential in reducing carbon emissions that are synonymous with fossil fuels. There has been a remarkable growth in both solar and wind energy. There is evidence that some households have already begun harnessing both the wind and solar energy (Batta, Ashong, and Bashir, 2013). Indeed, renewable energy is slowly edging out fossil fuels in the country Batta, Ashong, and Bashir, 2013; Hansen, and Sato, 2016). In a nutshell, the use of hydroelectric energy resources is critical to reducing carbon emissions as it has no carbon (Batta, Ashong, and Bashir, 2013). References Amanchukwu, R.N., Amadi-Ali, T.G. and Ololube, N.P., 2015. Climate change education in Nigeria: the role of curriculum review. Education, 5(3), pp.71-79. Batta, H.E., Ashong, A.C. and Bashir, A.S., 2013. Press coverage of climate change issues in Nigeria and implications for public participation opportunities. Journal of sustainable development, 6(2), p.56. Hansen, J. and Sato, M., 2016. Regional climate change and national responsibilities. Environmental Research Letters, 11(3), p.034009. Ogbo, A., Lauretta, N.E. and Ukpere, W., 2013. Risk management and challenges of climate change in Nigeria. J Hum Ecol, 41(3), pp.221-235.