Assignment Task
Program Name: LLM Master of Law in International Business Law
Module Title: International Intellectual Property Law
*Assignment Question: Critically evaluate the effects of the Covid-19 global pandemic on
international intellectual property development, protection and infringement.
*Offer specifics.
Assignment Structure:
Summative assessment *(Final)
3,500 words essay (Words Count) *Please do not excess
4 Days deadline
*Must less than 5% Plagiarism
Summative Assessment Guidance (Final)
Requirements:
Footnotes, references and bibliography are not included in the 3,500 words count
Must use Oscola referencing for whole 3,500 words essay
Footnotes and intext citation must be below in every single page below as footer with paragraph numbering in the essay
References list, Cases list and bibliography list must include inside essay on last page
All headings, subheadings, page number and content page must be included
Must include all Header and Footer in every single page
*Please Must follow below Essay structure:
*Must have Heading and Subheading in every single paragraph
Content page
Heading
Subheading
Introduction (Paragraph 1):
Explain the assignment question about?
What you propose to the assignment question about?
Explain what International Intellectual Property Law is?
Brief discussion of Covid 19?
Introduction on how Covid 19 Pandemic affected International Properties?
Overview structure in an executive summary of your answer on the Body part (Paragraph 2) Onwards?
5) Heading
6) Subheading
7) Body Part (Paragraph 2 Onwards):
1. Explain and illustrate from cases (where possible) how the effects of the Covid-19 global pandemic on international intellectual property development, protection and infringement.
*Must Offer specifics.
Must include impact on:
Parton
Copyright
Trademark
Designs
*On International Platform
2. Question: How Global Pandemic affected in international IT?
Resources?
Affected on what?
Etc.?
*- Must citation with relevant cases – (Explain what the cases is about? and how is it relevant? Is the Law Adequate? – Can citation any country cases but must be relevant)
Importance:
Requires knowledge, understanding and then critique.
Do not just state your opinions – they need to be well-founded.
Do not talk about the Law itself, Do not talk about what the Law is about, Only discuss how the Law adequate for International Intellectual Property Law
8) Heading
9) Subheading
(Last Paragraph):
10) Conclusion
1. Consider briefly the various laws governing International Intellectual Property Law?
2. Reform and solution?
3. What can be improve and implement?
4. What are remedies to improve it?
5. Conclusion of all above Subheadings?
6. How to Transform in a better way?
7. What is the better way to deal with it?
Must remember 4 learning outcomes for this module, which are:
a) To critically appraise current intellectual property laws, including an
appreciation of the way intellectual property is dealt with at an international
level
b) To critically evaluate key themes in the way intellectual property law is
administered on an international basisc) To reflect upon the relationship between different challenges in the area ofinternational intellectual property law
d) To compare the current legal order with alternative proposals for dealing
with the issues raised by intellectual property
For plagiarism:
Turnitin is an originality checking and plagiarism prevention service that checks your writing for citation mistakes or inappropriate copying.
Must Turnitin compares it to text in its massive database of student work, websites, books, articles, etc.
Guidelines and requirements
For the first Topic (1),
you will need to examine intellectual property lawfrom an international perspective, before discussing the repercussions
brought about by the Covid-19 global pandemic on the rights of IP holders.
Specific evidence is needed to offer a substantive argument.
For the second Topic (2),
you would need to research and offer a
discussion on intellectual property development, protection and
infringement under the capitalist and communist political systems, and
suggest (with evidence) which system encourages, and which system retards, IP innovation.
1) There must be a good critical analysis of your chosen topic. To this
end, you will need to do research, and you must synthesise relevantliterature and offer specifics based on an integration of the material. Your
intellectual input should be clearly discernible in your submission.
2) Structure your paper. Use informative headings and sub-headings, wherenecessary, to guide the reader through your paper. Create a table of
contents from these headings and subheadings at the beginning of your
paper. (The table of contents does not comprise part of the word limit.)
3) You will be graded on your ability to present coherent, rational and
logical arguments, properly supported by research. This research
needs to be referenced.
4) An ability to express yourself clearly, logically and succinctly is expected.
So please proof read you essay before making your submission. Poor
expression, grammar, punctuation and spelling will detract from your overall
mark.
5) Do not directly quote form sources. Paraphrasing is required: put the ideasexpressed in the literature in your own words. You must provide a referenceevery time you paraphrase words, facts and ideas found in the literature.
The in-text references (required by APA style) are included in the word limit.
Include a reference list at the end of your essay. The reference list should
be a separate page at the end of the essay and is not included in the wordlimit. A minimum of 15 credible references are required; dubious sources(i.e. Wikipedia) should not be used.
6) Please note that your research effort, demonstrated by your engagement
with the material you have found, analysed and implemented into your ownwriting (and properly referenced) will be the central pillar from which you willreceive your mark.
Please take notes:
1) Do not use direct quotes in your work. Restate and rework key points from published research into your own words.
2) Do not use secondary citations. Find the original source to substantiate your claims.
In your answer you will be expected to show:
The appropriate essay form for your answer
A clear understanding of what the question is asking you to do and close attention to the requirements of the question.
Appropriate research in preparation for your answer.
Proper referencing and a full bibliography (the latter should be on a separate but attached sheet).
The proficient use of legal and other information and materials.
A structured and methodological approach to problem solving.
A structured discussion of the relevant issues.
Skills of analysis, synthesis and evaluation of relevant legal rules, doctrine, policy, principles and concepts.
An effective and precise use of written English.
In particular,
An excellent answer is likely to:
Be coherent, well-expressed and well-structuredBe free of substantial errorDemonstrate a high level of critical analysis, synthesis and evaluation and
show comparative and analytical discussionDisplay a considerable degree of creative thoughtDemonstrate wide researchDisplay an excellent standard of presentation
To summarise and appraise current intellectual property laws, including an appreciation of the way intellectual property is dealt with at an international level:
A mastery of intellectual property laws at international level, including a thorough appraisal of the way in which intellectual property laws are dealt with at an international level.
To critically evaluate key themes in the way intellectual property law is administered on an international basis:
A comprehensive critical evaluation of the most important key themes in the administration of intellectual property law at an international level.
To reflect upon the relationship between different challenges in the area of international intellectual property law:
A comprehensive reflection upon the relationship between different challenges to IP at international level.
To compare the current legal order with alternative proposals for dealing with the issues raised by intellectual property:
A critical comparison of the current legal order with alternatives that shows the analytical ability to appraise the viability of alternatives in order to arrive at a proposal for possible change.
Assignment Notes
International Intellectual Property Law
Patents, Developing Countries and TRIPs
Rationale for Patents
https://www.wipo.int/patents/en/faq_patents.html
Advantages
• Reward for invention – for the good for humanity
• Patent gives a monopoly
• Satisfies perception of ownership from creation
• Encourages innovation
Disadvantages
• Monopolies can limit competition
• Protection is not based on value of invention
• Registration of patent prevents innovation by others
What does a patent protect?
• Products
• E.g. a piece of machinery, pharmaceutical
• Processes
• E.g. method of manufacture/synthesi• Deliberately wide & ambiguous
• Contrast with copyright – prescribed categories of copyright works
– A patent has to comply with the 3 requirements of patentability:
• Novelty
• Inventiveness
• Industrial application
– This means it can encompass new technology without changes to the law
– There have however been issues with some new technologies, e.g. computer software
– A monopoly for up to 20 years over that invention Initial registration of 4 years
– Renewable annually up to the maximum term
– Fees for application/renewal (UK)
• Currently £60 to apply for a patent + £150 search
• Renewal from £70-£610 (it gets more expensive the longer you renew)
– Application/renewal is therefore a commercial decision based on whether the patent will make
you money
International Aspects of Patents
– Paris Convention 1883 – international harmonisation – included patents trademark,
designs,. 3 Provisions of the convention
– Need remained for multiple filing
– Patent Cooperation Treaty 1978 – single application process (centralised system)
– European Patent Convention (one process – multiple filings)
– International Patent systems led to uniform categories, but not uniform standards
– WTO – GATT TRIPS
-The role of WIPO is to promote international cooperation with respect to creation,
dissemination, use and protection of IP.
– Wide protection – but not as wide as US
– E.g. US law allows patents for business models & software
Patents and TRIPs https://www.mondaq.com/patent/886394/patents-in-developing-countries-exceptions
• TRIPs agreement requires international harmonisation – Standards – Levels of protection
• Issues raised in regard to the effect this has upon developing countries
• In particular those issues regarding the right to health (see last week’s discussion) Attempts at dealing with concerns over TRIPs
? Balance of interests through Article 7 and 8 of TRIPs
• Art.7 – social/economic welfare – cover issues of public health, welfare and must be read together with DOHA it demands compulsory licensing
• Art.8 – public health and nutrition cover issues of public health, welfare and must be read together with DOHA it demands compulsory licensing
? Use of compulsory licensing ? Concerns over economic retaliation by patent holders against developing countries
? Compromise? – voluntary licensing
? Art.31bis – concessions allowing export of generic products under compulsory licence
https://docs.wto.org/dol2fe/Pages/FE_Search/FE_S_S009-DP.aspx?language=E&CatalogueIdList=270209,270165,270173,270168,269875,269476,269346,269188,268935,268754&CurrentCatalogueIdIndex=1&FullTextHash=&HasEnglishRecord=True&HasFrenchRecord=False&HasSpanishRecord=False
Questions to consider:
• Is there harmonisation within the international patent systems?
• What advantages are to be gained from TRIPS level agreement on patent protection?
• What criticisms have been aimed at TRIPs since its signature, and how have these criticisms been addressed in relation to developing countries? International IP Regime – WTO and TRIPS Seminar 8 Seminar Aims
• International IP Regime
• Justifications for IP Rights
• TRIPS and TRIPS Plus
• WTO Regime International IP Regime
? The EU has the highest number of statutes in the area of intellectual property law. These are broken down into; intellectual property laws, implementing rules and regulations, geographical Indications, treaty approvals intellectual property legal literature and jurisprudence, administered intellectual property-related treaties and treaty memberships. All are available at http://www.wipo.int/wipolex/en/profile.jsp?code=EU
The driving force behind the emergence of international protection of intellectual property rights in the US came largely from the formation of an American Intellectual Property Committee (US IPC) in 1986. The Committee was a US Coalition of its most powerful corporations across various industries, mainly; pharmaceutical, IT sector, entertainment, software industries, generic pharmaceutical industries and chemical companies. CEO’s of the twelve original corporations lobbied for standard setting in international property law to better protect their intellectual property assets.
? For the US IPC, its main commonality among its members was that they all lost millions in revenues from intellectual property infringement and there was a consensus amongst the member organisations to compel the US government to steer changes in the international trade arena.
Justifications for copyright protection
https://www.wto.org/english/docs_e/legal_e/trips_e.htm#art4
https://www.wto.org/english/docs_e/legal_e/27-trips_01_e.htm
• The idea expression dichotomy was established whereby it is the expression of an idea that is protected and not the idea itself. The primary focus therefore is originality in the expression of an idea, which is a different approach to other areas of intellectual property law such as the requirement of ‘novelty’ and ‘inventive step’ in patents.
• The TRIPS agreement enshrines the idea expression dichotomy of protecting the expression of an idea and not the idea itself as seen at Article 9.2 of the TRIPS agreement which states that copyright protection shall extend to expressions and not to ideas, procedures, methods of operation or mathematical concepts as such.
Justifications for design rights
? A design right is a form of intellectual property which subsists in an original design, any aspect of the shape, configuration of the whole or any part of an article.
? The aesthetic model is more applicable to registered designs as an unregistered design right will not protect surface decoration.
? The need for unregistered design rights arose from industries such as textile and fashion that develop large numbers of designs and needed to protect the appearance of a product.
? The TRIPS Agreement has set specific guidelines on the protection of industrial designs at section 4, providing protection of independently created industrial designs that are new or original for a minimum of ten years.
? TRIPS: Agreement On Trade-Related Aspects Of Intellectual Property Rights, (1995), Part II— Standards concerning the availability, scope and use of Intellectual Property Rights, Section 4, Articles 25 and 26.
Justifications for patent protection
• Patent protection originates from three broad justifications; inventor rights, to encourage investment in innovation and to disseminate information in the public domain to encourage others to innovate.
• The justification for inventor rights is on the premise that the labour, time and effort that are invested into creating a patentable asset require protection against economic free riders.
• The TRIPS agreement sought to set international minimum standards in patent protection and at Section 5, Article 27 stated the requirements for; novelty, inventiveness, industrial applicability and exclusions. A successful patent application grants the inventor the right to exclude others from utilising the patented invention for a given amount of time, under the TRIPS Agreement, the monopoly right is granted for twenty years.
Justifications for trademark law
• The TRIPS Agreement defines a trademark as; any sign, capable of being represented graphically and capable of distinguishing the goods or services of one undertaking from those of other undertakings. Trademarks are acquired at a domestic level through registration, many countries require local use of the registered mark to maintain the registration.
• Therefore, whether a given mark can be registered in a particular country will depend on the law of that country.
• The Madrid Protocol, an international treaty, removes some of the difficulties for the international registration of trademarks by offering a convenient and economical means of securing trademark registration in member countries.
Justifications for confidential information law
• Countries vary on what constitutes confidential information and what the elements of a breach of confidence action entail. Countries that have acceded to the TRIPS Agreement have introduced laws on the protection of confidential information in line with TRIPS requirements which states that for information to be legally protectable: the information must be secret, as in not generally known or readily accessible to persons that normally deal with that kind of information, it must have commercial value because it is secret and the owner must have taken reasonable steps to keep it secret.
• Article 39 of the TRIPS Agreement is the first multilateral acknowledgement of the essential role that trade secrets play in the global industry and represents the American and European notion of protecting confidential information as a means of fully protecting intellectual property rights.
What is TRIPS?
• TRIPs covers : Copyright and related rights (i.e. the rights of performers, producers of sound recordings and broadcasting organizations); trademarks including service marks; geographical indications including appellations of origin; industrial designs; patents; the protection of new varieties of plants; the layout-designs of integrated circuits; and undisclosed information including trade secrets and test data.
• TRIPs has a powerful enforcement mechanism. States which do not adopt TRIPs compliant intellectual property systems can be disciplined through the WTO’s dispute settlement mechanism, which is capable of authorising trade sanctions against nonconformist states
TRIPS to TRIPS Plus
• There are three main areas of intellectual property rights that are a concern for the TRIPS Plus regime. Firstly, under TRIPS Plus, there is a requirement for an extension of the duration of patent protection that is currently available under TRIPS.
? States currently adhere to TRIPS standards and offer TRIPS compliant patent protection of twenty years from the date of filing, this is in compliance with the TRIPS Agreement at Article 33. TRIPS Plus calls for the time period to be above twenty years, the EU and the US are in effect trying to write-off provisions of TRIPs through their FTAs and subsequently bypassing the WTO agreement.
? TRIPS: agreement on trade-related aspects of intellectual property rights, part II — Standards concerning the availability, scope and use of Intellectual Property Rights, Article 33. Available at https://www.wto.org/English/docs_e/legal_e/27-trips_04d_e.htm
TRIPS Plus
•TRIPS Plus calls for stronger obligations in the following intellectual property areas: -data exclusivity -extension of patent terms -restrictions on use of compulsory licensing -minimum protection for industrial rights trademark protection -relinquish transition period privileges granted from WTO -enforcement against intellectual property violation particularly criminal sanctions
WTO
• TRIPS established minimum levels of intellectual property protection that each WTO Member State is required to provide in order to gain membership status. The TRIPS agreement sets out a “one size fits all” approach to international intellectual property setting, extending the reach of the Berne Convention. Under TRIPS, the principles of national treatment, automatic protection and independence of protection bind WTO members who are not party to the Berne Convention. In addition, the TRIPS Agreement imposes an obligation of “most-favoured-nation treatment”, under which advantages conferred by a WTO Member to the nationals of any other country must also be conferred to the nationals of all WTO members.
• The agreement has three main strands; standards, enforcement and dispute settlement. The standards set out the minimum standards of protection to be provided by each Member in respect of each of the main areas of intellectual property covered by the agreement. This covers; a definition of the minimum protection required for intellectual property assets, a definition of the subject-matter, the minimum duration of protection, the rights to be granted and the exceptions to those rights. The TRIPS Agreement contains enforcement obligations. The main set of provisions includes domestic procedures and remedies for the enforcement of intellectual property rights that are applicable to all intellectual property rights enforcement procedures.
• The Agreement has incorporated a dispute settlement procedure as part of the minimum TRIPS requirements to deal with disputes between members
International Intellectual Property Law Intellectual Property Enforcement and the Internet Online law – no standard law This session focusses upon:
• International comparisons of measures taken in regard to copyright infringement • Comparison of several different approaches taken in different jurisdictions
• The efficacy of these approaches in relation to dealing with enforcement of IP rights Problems of Online Infringement • Access to hosting websites and online storage makes uploading of infringing content easier • Hosts such as YouTube, Vimeo
• Online storage such as PutLocker, RapidShare, etc.
• Content can be uploaded, downloaded, re-shared with no loss of quality
• Uploading can be done quickly
• Detection of infringing copies can be difficult Notice and Takedown
? Approach taken in the US (see Blythe article) and in relation to some infringments in Australia (see 2nd half of Roy & Marsoof (2018) article)
? Infringing content can be removed by notice from copyright owner
? Gives power to have infringing content removed
• Procedure allows for counter-application if content wrongly identified as infringing
? Extra-judicial in nature
? Relies upon action of the copyright owner
? Can result in rapid removal of infringing material
? Is open to abusive practice
? ISPs have to process takedown requests – resource implications
• To preserve ‘safe harbour’, ISPs often very keen to takedown
? Reinstatement of lawful content after takedown notice can be slow
https://copyrightalliance.org/faqs/what-is-dmca-takedown-notice-process/
The EU Approach:
Notice and Search Down • Based on Article 14 of the E-Commerce Directive
• Allows orders for ISPs to conduct certain ‘searches’ for infringing content being hosted on their servers
• Provides a judicial approach • Require ISP to actively search for infringing content on their servers indexed by, e.g.:
• Search engines (e.g. Google, Bing)
• Metasearch engines
• Online forums Notice and Search Down
• Such orders can affect:
• Ability of ISPs to carry on their business
• Freedom of expression
• Freedom of information
• Can still be circumvented
• ‘whack-a-mole’ with uploading/re-uploading
• Uploading to coincide with periodic searched
• Use of automated algorithms can result in mistakes
Website Blocking Injunctions
– Based upon Art.8(3) Information Society Directive – Does not involve removal of content – but does involve blocking users from accessing it – Court order on ISPs who provide users with access to the internet – Requirements of Natural Justice require that owner of blocked website be given due process in proceedings – Most court actions are unopposed by ISP or blocked website
Website Blocking Injunctions
– Fact of pre-evaluation by court of whether website is infringing is a safeguard
– Possibility of circumvention
– mainly through use of VPNs
– More effective than N&T because blocking can be applied even where website is offshore
– To be truly effective, blocking injunctions would need to be global
– Blocking causes problems where:
• Only part of website is infringing
• Infringing website shares IP address with others This session focuses upon:
• International comparisons of measures taken in regard to copyright infringement
• Comparison of several different approaches taken in different jurisdictions
• The efficacy of these approaches in relation to dealing with enforcement of IP rights
FREE MOVEMENT OF GOODS VS IP RIGHTS SEMINAR 9
– June 17 -EC single market: “characterised by the abolition…of obstacles to free movement of goods…” -The Europeam Commision (EC) is the executive branch of the European Union, responsible for proposing legislation, enforcing EU laws and directing the unions administrative operations. Conflict between this and national IP rights But IP rights specifically mentioned in Article 30 as a derogation Exhaustion of Rights The exhaustion of intellectual property rights constitutes one of the limits of intellectual property (IP) rights. After a product covered by IP rights. After a product covered by an IP right, such as by a patent right is said to be exhausted. It can no longer be exercised by the owner. This limitation is also referred to as the exhaustion doctrine or first sale doctrine. For example, if an injector contains a patent on a new kind of (say) portable fan, the inventor (or anyone else to whom he sells his patent) can legally prohibit other companies from making and selling this kind of fan, but cannot prohibit customers who have bought this fan from the patent owner from reselling the fan to third parties. (simply put, once there has been a sale, a resale cannot be prevented) ECJ developed the doctrine of of Rights” “The Proprietor of an industrial or commercial property right protected by the law of a member state cannot rely on that law to prevent the importation of a product which has lawfully been marketed in another member state by the proprietor himself or with his consent” Terrapin v Terranova [1976] ECR 1039; [1976] 2 CMLR 482
-If sony TV are sold in SG for $1000, and if sony tv’s are sold in indonesia for $700 theres nothing to stop the consumer to buy it from indonesia and sell it to Singapore for $800. Its legal to do it EXHAUSTION OF RIGHTS IN EU ONLY – IT HAS BEEN NOT BEEN TESTED IN ASIA YET
The general definition of “common origin” is “belonging to all, owned or used jointly, general, of a public nature or character.”
-goods purchased at a cheaper price, but will be sold at a higher price.
Copyright Law and the Berne Convention International Intellectual Property Law What is copyright law for?
• Protection of rights of authors
– These rights include the right to reproduce the work to prepare derivative works to distribute copies and to perform and display the work publicly.
– A country’s national laws offer the necessary protection – The primary aim of copyright is to induce and reward authors.
– They receive the benefit of economic rewards and the public receives the benefit of the creative works that might not be otherwise be created and disseminated.
– DEFENCES TO COPYRIGHT VIOLATION: FAIR USE OR FAIR DEALING –
-Fair use permits a party to use a copyrighted work without the copyright owner’s permission for purposes such as criticism, comment, news reporting, teaching, or research
• Limitation of those rights in the name of the public interest (time/scope)
• Provision for the use of the created works by the public History of the Berne Convention
-first ratified by 8 countries in 1886 -Brain writer is Victor Hugo to protect IP rights -overseen by WIPO since 1970, prior to WIPO taking over the Berne Convention was originally administered by the United International Bureaux for the Protection of Intellectual Property 9BIRPI) from 1893 to 1969 -The BC is a treaty between signatory states agreeing to protect each nation’s copyright of their citizens. -Currently, this international treaty has been ratified by 179 countries.
-Signed in 1886 -Originally a European Convention (signed by European countries only) -Has expanded out to 179 countries worldwide -US and China only joined in late 80’s/early 90’s Basic
Principles:
1. National Treatment
2. Automatic protection
3. Independence of protection Key principles: Reciprocal protection Minimum standards Has had a number of revisions over the years to accommodate new technological advances (mostly in recognition of new types of works)
Minimum Standards: The signatory states are also required to respect certain minimum standards in their policies.
Those standards relate to: -Patrimonial Rights : all rights with a certain value are patrimonial rights.
In principle the law specifies which powers and possibilities the proprietor of a property right has with regard to the asset to which his property right is attached.
-Moral Rights
-minimum duration of copyright (50 years) Sui generis: used to describe a form of legal protection that exists outside typical legal protection What is the purpose of the Berne Convention?
-International recognition of those rights granted to copyright owners
-Protection for creators of their works in countries other than their own
-International recognition of limitations upon those rights in the public interest
-Reciprocity
-Minimum standards
-To get as many countries to sign up to it as possible What challenges does international copyright law face?
-Enforcement
-Continuation of reciprocal protection (dependent upon maintaining countries who are signatory)
-Developed versus developing countries
-Author’s/copyright owner’s rights vs public interest/fair use/dissemination of information Economic Analysis of Intellectual Property Law LLM International Intellectual Property Law What is an economic analysis of law?
-The economics of law may be defined as the application of economics principles to legal instruments, questions, and procedures. It has many practical applications, such as helping with the drafting of laws, or in assessing the amount of damages required to return a person to the level of welfare endured before an accident occurred.
-Concerns economic value of the law in terms of economic efficiency
-Economic feasibility of the activity promoted/prevented by that law -Cost/benefit analysis
-May not capture all important elements that go into decision to carry out/not carry out that activity -Is that law needed to ensure that the activity it promotes/prevents is carried out efficiently/optimally?
A cost-benefit analysis is a systematic process that businesses use to analyze which decisions to make and which to forgo. The cost-benefit analyst sums the potential rewards expected from a situation or action and then subtracts the total costs associated with taking that action. Breakout rooms – part 1
• Consider copyright from an economic analysis
• List all factors that are involved in a cost/benefit analysis
• Are there any factors that are different between more traditional forms of copyright work and those in online/digital media? Factors to consider in IP
Costs
Creation
Production Distribution/marketing
Defence of rights/collection of royalties (collecting societies)
Benefits Sales Fame/kudos Reputation Breakout rooms – part 2
From an economic point of view, is copyright worth it?
Consider the purpose of copyright (justifications of copyright – see previous session) – is this being achieved? Is the level of protection optimal?
Conduct the cost/benefit analysis Do we need copyright at all?
-Copying may be inferior quality -Author may benefit from ‘lead time’ -Use of contractual agreements instead of copyright to protect author’s rights -Non-economic benefits derived from creating copyright works Factors that affect level of protection
? Public interest – utilitarian justification, fair use exceptions
? Creators are also consumers – inspiration from previous works
? The balance between ‘fair reward’ and what people are willing/able to pay
? Monopoly Cost/benefit analysis
• Economic efficiency
• Level of protection needed to encourage creation
• Level of availability to encourage purchase
• Moral considerations
• Natural right of author in work?
• Can you ‘let the market decide’?
• ‘Valuable’ vs ‘popular’ Utilitarianism: the doctrine by jeremy bentham that states actions are right if they are useful or for the benefit of a majority (By Jeremy Bentham) This theory suggests that industrial progress and cultural good do have a beneficial effect on society. IP rights represent an artificial encouragement from the state for creativity. In short, this theory justifies intellectual rights because of the benefit they bring for the whole society
Check WIPO website BERNE Convention
Reading and Textbooks Reading (particularly pre-reading) from the following:
• Frankel, S. & Gervais, D. Advanced Introduction to International Intellectual Property, (Edward Elgar, 2016)
• Aplin, T. & Davis, J. Intellectual Property Law: Text, Cases and Materials (3rd Edition, Oxford, 2017)
• Waelde, C. et al Contemporary Intellectual Property: Law and Policy (4th Edition, Oxford, 2016) Assessment You need to produce and submit a 3500-word essay on any ONE topic: Critically evaluate the effects of the Covid-19 global pandemic on international intellectual property development, protection and infringement. Offer specifics.
Assessment will be based on the module learning outcomes:
To critically appraise current intellectual property laws, including an appreciation of the way intellectual property is dealt with at an international level To critically evaluate key themes in the way intellectual property law is administered on an international basis To reflect upon the relationship between different challenges in the area of international intellectual property law To compare the current legal order with alternative proposals for dealing with the issues raised by intellectual property Intellectual Property
Topic titles for this module:
Justifications for Intellectual Property Rights Trademarks and Branding International Copyright and the Berne Convention Patents, UK, US and GCC IP and Economics IP and Human RIghts IP and the Internet
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