What Is Intellectual Property Law

Submitted By Ryan-Crossey
Words: 3006
Pages: 13
Open Document
Name: Ryan Crossey

Student ID: 1072850320

Module code: Law 331

Assignment title/question: Intellectual Property Law

Submission deadline: 20/03/15

Word count (ensure this is accurate before you submit your work): 2907
“This assessment consists of my own work, save that any part which is not my own work has been cited as such and attributed to the author. I am aware that University regulations relating to plagiarism apply. No component of this work has been submitted in support of any application for another qualification in this University or elsewhere.”

Signed:

Checklist (In the order it should appear in your submission).

Completed front cover

Table of cases:
A list of all the cases you have referred to in your assignment. You must include the full case citation. Example: Partridge v Crittenden [1968] 1W.L.R. 1204

Table of statutes:
A list of all the legislation you have referred to. Example: Criminal Evidence Act 1898

Assignment:
The main body of the assignment should be at least 1.5 line spaced to allow for marking
(double line spaced maximum). Work must be in one of the following fonts: Times New
Roman, Arial, Cambria or Calibri.Work must be font size 11 or 12.

Bibliography

Turnitin Receipt:
This appears on screen after you submit the assignment. If you don’t have your receipt or could not submit via Turnitin you must ensure you comply with all other hand in requirements and contact yourmodule leader immediately.

Electronic Copy Saved
All students must save an electronic copy of all assessments.

Intellectual Property Law Assignment
This assignment will critically evaluate the development of trade mark law and will look at one aspect of the definition stated in the Trade Marks Act; “a trade mark means any sign capable of being represented graphically which is capable of distinguishing goods or services of one undertaking from those of other undertakings’’1 in more detail. This shall be done by using relevant case law and up to date academic opinion.
First this discussion will look at the historical background of trade marks. The marking of goods in order to distinguish them from others is a common practice which can be traced back to Greek and Roman times. By the nineteenth century it was evident that some marks applied to goods had become distinctive had an inherent importance and were worthy of some kind of legal protection2. The protection of trade marks originated as a police measure to thwart the grievous deceit of the people by the sale of defective goods3. The Trade Mark Act 1875 functioned on the notion that trade marks operated to indicate origin of the product4 4this was not the first sight of trade mark law in the U.K but was the first act in the U.K to provide a more comprehensive approach to trade marks and the act also made it possible to register a trade mark for any sort of goods5. This register is still in use today and provides the owner of the trade mark with evidence of a legal title to, and exclusive rights of use of, the trade mark for the goods in respect of which is registered6. As you can see for yourself today, a registered trade mark covers a lot more than just the origin of a certain product.
In 1927 Frank Schechter a leading historian in trade mark law, advocated that a trade marks requires further protection, he stated that “the real injury in all such cases…is the gradual whittling away or dispersion of the identity and hold upon the public mind of the mark or name by its use upon non-competing goods. The more distinctive or unique the mark, the deeper its impress upon the public consciousness, and the greater its need for its protection against vitiation or dissociation from the particular product in connection with which it has been used’’7. These arguments over time have been acknowledged and implemented in national law8. The courts have previously discussed the effectiveness of the law around trade marks, Lord Justice Rindley in the “Yorkshire Relish’’ case
Show More

Related Documents: What Is Intellectual Property Law

Intellectual Property Law 1 Essay

Intellectual Property Law and Security Measures Percy A. Grisby II Computer Ethics February 20, 2015 Professor Sonya M. Dennis Intellectual Property Law Intellectual Property Law provides certain protections and rights for property owners. A wide body Property that is a result of the mental labor fruits is referred to as the intellectual property (Davis, 2008). The intellectual law is comprised of various laws, for example, trademarks, copyright, and patent laws. Each of the laws is applied…

Words 650 - Pages 3

Crime and Oas Regional Cyber Essay

Computer Crime & Intellectual Property Section International Cooperation in Cybercrime Investigations Albert Rees Computer Crime & Intellectual Property Section Criminal Division, U.S. Department of Justice Computer Crime & Intellectual Property Section Romanian agents discover attack came from Vancouver Canadian agents make the arrest Argentinean investigators discover attack came from Bucharest A Criminal Intrudes into a Bank in Bangkok Thai investigators discover attack came from computer…

Words 1114 - Pages 5

Property Law Essay

Property Law Definition: Property law is the area of law that governs the various forms of ownership and tenancy in real property (land as distinct from personal or movable possessions) and in personal property, within the common law legal system. In the civil law system, there is a division between movable and immovable property. Movable property roughly corresponds to personal property, while immovable property corresponds to real estate or real property, and the associated rights and obligations…

Words 598 - Pages 3

CH 18 Essay

Study Guide to accompany Canadian Business and the Law, 5th edition Chapter 18 CHAPTER 18 INTELLECTUAL PROPERTY Objectives After studying this chapter, you should have an understanding of • the nature of intellectual property • the rights that attach to intellectual property • how intellectual property is acquired • how to protect the intellectual property assets of an organization Learning Outcomes • • • • • • Understand what is included in each category of intellectual property: patents, industrial designs, trademarks…

Words 4114 - Pages 17

Intellectual Property Essay

Intellectual property (IP) is a legal concept which refers to creations of the mind for which exclusive rights are recognized. Under intellectual property law, owners are granted certain exclusive rights to a variety of intangible assets, such as musical, literary, and artistic works; discoveries and inventions; and words, phrases, symbols, and designs. Common types of intellectual property rights include copyright, trademarks, patents, industrial design rights, trade dress, and in some jurisdictions trade…

Words 484 - Pages 2

Product Name And Intellectual Property

Product Name and Intellectual Property Name Institution Product Name and Intellectual Property A product launch is a crucial period for an enterprise in its early stages of development. Launching a new product requires a firm to take note of the research, planning and marketing team possessing the right skills and knowledge (Junghans & Levy, 2006). The product has to fulfill the needs of the customer and provide an emotional connection through its brand name. Among the critical tasks during…

Words 684 - Pages 3

Legal and Ethical Leadership in Management Essay

Legal and Ethical Leadership in Management Porchia McCray Argosy University Online Introduction This paper will discuss a scenario involving two competing designer and manufacturing companies and their mutual retailer. The names of the two designer companies are Mathis Inc. and Countess Lori- Ann (CLA). The name of the retailor is Normandale’s. Normandale’s is having trouble profiting from the sales of the high priced clothing items made by Mathis Inc. Normandale’s made a request to CLA…

Words 1531 - Pages 7

AGHawkins M3 A2BUS212 doc Essay

March 11, 2015 Abstract Intellectual property is any product of the human intellect that the law protects from unauthorized use by others. The ownership of intellectual property inherently creates a limited monopoly in the protected property (Cornell University Law School, 2012). There are four categories that make up intellectual property. These include copyright, trademark, trade secrets and patent. There are numerous situations where intellectual property is compromised by users that do…

Words 1433 - Pages 6

Dmca Failure

Digital Millennium Copyright Act of 1998, often shortened as the acronym DMCA, is a United States law that was signed into law by President Bill Clinton in October of 1998 after being passed unanimously through the United States Senate. This law was intended to “to begin updating national laws for the digital era” (Congressional Record, pg. 18873) by reforming copyright laws that referred to intellectual property concerning music, art, publications, and many other forms of media as part of the effort that…

Words 969 - Pages 4

ECON401 assign1 Essay

globalization encourages firms from advanced nations to move their manufacturing facilities to less-developed nations that don’t have adequate regulations to protect the environment. But supporters of globalization argue that stricter environmental laws go hand in hand with economic growth. 2. The original expectation was that globalization would positively affect global disparities, inequality, and poverty and narrow the gap between the richer and poorer countries. However, according to Joseph…

Words 870 - Pages 4