Area of your proposal (which module or modules do you think your topic falls under):
INTERNATIONAL INTELLECTUAL PROPERTY LAW
Working title:
PROTECETION AGAINST INFRINGMENT
What would you like to know about this? / What do you find of interest about it?
Intellectual Property Law is associated with the regulations and rules for enforcing and securing the legal rights to artistic works, inventions, and designs. The law protects the private control of intangible assets just the same way it guards the possession of private property.[1] The intention of this law is to motivate the people to come up with creative works which are beneficial to the society by making sure that these people benefit from their works with no fear of their works being misappropriated by others.
In section 8 of the article one of the United States of America, the law grants Congress express authority to give inventors and authors, exclusive rights to whatever they create. Section 8 of the law gives Congress the authority to control foreign and interstate commerce, offering further support for its right to have authority in this field.[2] The intellectual property laws set up by the Congress are controlled by two government agencies, the Trademark Office and the U.S Patent, and the Copyright Office if the United States.
Patents grant inventors the right to utilize their product in the market or to make profits by transferring that freedom to another person. Patent rights are effective for up to twenty years depending on the invention type.[3] The items that qualify for these patents include manufactured goods with the inclusion of the product’s look, technological advancements, and new machines.
The protection of the patent will be repudiated if the design of an invention is discovered to be obvious, morally offensive, or not useful.
Trademarks guard slogans, names, and symbols used to identify services and goods. Their role is to discourage misleading advertisements, avoid confusion, and to assist consumers to spot the difference between one brand and the other.[4] Since the objective of these trademarks is to differentiate between brands, marks that are purely descriptive or generic may not qualify. Rights can potentially endure for eternity, and they can be gotten by simply utilizing a mark. Furthermore, owners can make a step of registering their marks for further protection. However, this is not a necessity.
Copyrights are applied to motion pictures, music, writings, architecture, and other artistic and intellectual expressions. There is no protection that is available for ideas or theories or anything that has not been put into a fixed medium. The utilization of a date and symbol of copyright is common.[5] However, it is not mandatory. Most of the copyrights are valid for the lifetime of the creator which is seventy years.
Protection against infringement
Infringement relates to the use of intellectual property without being authorized by the owner. To have protection against violations, the owners should make a step of letting the world know that their property exists.[6] Notifying the world about the existence of one’s intellectual property assists in discouraging infringements by making the rights of the owners to be more visible to those who might violate them. Furthermore, it triggers additional lawful benefits and places the owner in a better position to take to court a person who tries to infringe his or her intellectual property.
How might exploring this topic be of value?
It is important to study the topic of intellectual property law because it helps the owners of the intellectual property to discover ways in which they can protect their property from being infringed by other people. Furthermore, this topic is important since it makes people realize the importance of respecting the other people’s intellectual property, such that they have to seek permission from the owner of the property before using it.
What sources have you read/got and plan to read/get about the topic?
- French R, ‘A Public Law Perspective On Intellectual Property’ (2014) 17 The Journal of World Intellectual Property
- Johnson P, ‘Federalism And Localisation In Intellectual Property Law-Making’ (2014) 9 Journal of Intellectual Property Law & Practice
- Kur A, ‘Enforcement Of Unitary Intellectual Property Rights: International Jurisdiction And Applicable Law’ (2015) 10 Journal of Intellectual Property Law & Practice
- Neethu R, ‘Braiding Intellectual Property Law With Human Rights’ (2014) 9 Journal of Intellectual Property Law & Practice
- Winters K, ‘Trade Marks And Geographical Indications Retain Distinct Functions In Intellectual Property Law’ (2016) 11 Journal of Intellectual Property Law & Practice
- Zbierska K, ‘The Amended Polish Code Of Civil Law Procedure: Its Impact On Intellectual Property Enforcement Litigation’ (2013) 8 Journal of Intellectual Property Law & Practice
[1]Robert French, ‘A Public Law Perspective On Intellectual Property’ (2014) 17 The Journal of World Intellectual Property.
[2]Zbierska, ‘The Amended Polish Code Of Civil Law Procedure: Its Impact On Intellectual Property Enforcement Litigation’ (2013) 8 Journal of Intellectual Property Law & Practice.
[3]K. Zbierska, ‘The Amended Polish Code Of Civil Law Procedure: Its Impact On Intellectual Property Enforcement Litigation’ (2013) 8 Journal of Intellectual Property Law & Practice.
[4] A. Kur, ‘Enforcement Of Unitary Intellectual Property Rights: International Jurisdiction And Applicable Law’ (2015) 10 Journal of Intellectual Property Law & Practice.
[5] P. Johnson, ‘Federalism And Localisation In Intellectual Property Law-Making’ (2014) 9 Journal of Intellectual Property Law & Practice.
[6] Kevin Winters, ‘Trade Marks And Geographical Indications Retain Distinct Functions In Intellectual Property Law’ (2016) 11 Journal of Intellectual Property Law & Practice.
