Intellectual Property Law

Intellectual Property Law

Intellectual property law deals with the rules for securing and enforcing legal rights to inventions, designs, and artistic works. For example, a book may be considered an intellectual property, and its author may have the rightful ownership over it. In a nutshell, intellectual property law protects the work product of one’s imagination or mind.

However, intellectual property is a unique area of law, and tends to involve complicated and highly complex cases due to the immense technicality and expertise needed.

Intellectual Property Law: Understanding the Basics

Note: the main entry provides detailed coverage and approaches to guide the reader through the intellectual property matters of this topic. Please, visit the main entry.

Intellectual property law is an intimidating subject for many business owners. There are horror stories about intellectual property being stolen, but that is not the hole history.

Fair Use

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This entry provides a comprehensive analysis of and guide to the fair use defense in copyright law.

Intellectual Property Law in Cameroon

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The law regulating intellectual property practice in Cameroon is the Bangui Accord of 02/03/1977 as amended on 24/02/1999.

Intellectual Property Rights Laws Enforcemnt & Development

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The protection of Intellectual Property Rights guarantee, secure the individuals’ intellect by protecting their Intellectual Property Rights through awareness.

Intellectual Property Law in Sri Lanka

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Intellectual Property Act No.36 of 2003 is the frame work within which the Intellectual Property Rights are currently protected in the Island of SRI LANKA.

More and more intellectual property is being created in the digital domain in Sri Lanka – not only by IT firms but also by production houses, photographers, health professionals, education professionals, artists, musicians and all other types of businesses.

The Intellectual Property Law in Kuwait

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There are several types of intellectual property rights bundles in Kuwait, such as Patents, trademarks, copyrights and related rights.

An Overview of Intelectual and Industrial Property Law in Turkey

The history of intellectual and industrial property law in Turkey has become a regional attraction center and dates back to the 13th and 14th centuries.

Patent Damages Law

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This entry analyzes patent damage, and provide background of legal issues and insights into damages litigation.

Intellectual Property Law: Defense Against Product Piracy

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Plagiarism is widespread and can be found in almost all business fields. There are legal remedies for defending oneself against product piracy.

Ethics in Intellectual Property Rights

The trademark law indeed is unfair competition law.

Note: the main entry provides detailed coverage and approaches to guide the reader through the intellectual property matters of this topic. Please, visit the main entry.

Licensing Law

Note: the main entry provides detailed coverage and approaches to guide the reader through the intellectual property matters of this topic. Please, visit the main entry.

By law, a copyright is a kind of security given to the authors of original works. There is also information on the title Violation of Intellectual Property Rights.

Intellectual Property Dumbed Down – LegalZoom’s Unauthorized Practice

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Explains how LegalZoom (the giant of the “legal forms” industry) has avoided the issue of illegal practice of law in the field of trademark registration.

Intellectual Property in the Kyrgyz Republic

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The legal framework for intellectual property (IP) protection in the Kyrgyz Republic includes national legislation and international treaties to which the Kyrgyz is a party.

Intellectual Property in Kazakhstan

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It has developed a system of IP rights protection, including the Patent Law, Law on Trademarks; Administrative Code and Criminal Code provide administrative protection.

Enforcement of Intellectual Property Rights in Bangladesh

The development of the IP system depends on the effective enforceability of IP rights. Bangladesh present IP fails in this regards.

Imitation Of A Grooves Design Of Cases Potentially Unfair

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A lawyer active in the field of intellectual property law can examine marketing and advertising strategies from the perspective of competition law.

Law of Computer Software

Note: the main entry provides detailed coverage and approaches to guide the reader through the intellectual property matters of this topic. Please, visit the main entry.

Covers the legal issues surrounding the creation, ownership, distribution or use of computer software.

Intellectual Property in Cambodia

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Cambodia’s 2004 accession to the World Trade Organization prompted the adoption of several laws regulating intellectual property rights.

Intellectual Property in China

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This entry examines how China is regulating competition law aspects of intellectual property licensing. China decided to establish Intellectual Property Rights Courts. There has been a recent decision issued in China, regarding the establishment of dedicated IP courts in Beijing, Shanghai and some other cities.

Impact of the Free Trade Agreement (FTA) on the Intellectual Property

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The Intellectual Property Court of INDECOPI will solve the appeals. There is a non-legalized document containing the contents of the Trademark Law Treaty, 1994.

Intellectual Property Protection for New Product Inventions

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New Product Inventions Require the right intellectual property protection.

Intellectual Property Aspects of 3D Printing

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Trademark Registration Practice in the United States

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This entry provides detailed coverage of the trademark registration process, including procedures followed by the U.S. Patent and Trademark Office.

Wrongs Without Remedies in Intellectual Property Litigation – eBay Case

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This is one of the descriptions of the changes in the law relating to granting injunctions in IP cases. In eBay v MercExchange, LLC (547 US 388 (2006)) the Supreme Court decided over this dispute.

Intellectual Property in Thailand and Pakistan

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Thailand protects intellectual property rights via three main statutes. The country also uses, by law, enforcement agencies and begin with a raid and seizure of property.

Effective protection of intellectual property in Pakistan has been impossible in the absence of legislation that would improve the enforcement of trademark, copyright, and patent laws. Although 2007 Presidential Ordinance created the Intellectual Property Organization (IPO) of Pakistan tasked with management of intellectual property and enforcement coordination, legal protection of businesses whose intellectual property rights (IPR) were violated remained weak.

As a result, Pakistan continues to rank poorly in international indices when it comes to IRP and patents protection as well as copyright piracy. One highly affected segment of the economy is the technology sector where success and profitability depend on being able to protect one’s inventions. The IPO Ordinance – to provide legal coverage to enforce the trademark, copyright and patent infringement laws.

The new ordinance in Pakistan is likely to be approved in the next meeting of the Federal Cabinet. It is expected make the law enforcement agencies legally bound to protect IPR. The ordinance would also allow for revision in the trademark and patent fee structure, establishment of IPR facilitation centers in major chambers of commerce, and a nationwide awareness campaign for IPR protection that would explain its benefits for the economy and private sector.

Patent License Agreements

It offers a detailed Look at Patent License Agreements in legal practice, with an explanation of best practices in the drafting of patent license agreements.

Intellectual Property in the Employer and Employee Relationship

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This article provides an overview of current laws and regulations in connection with intellectual property ownership of inventions developed by an employee …

Intellectual Property Considerations in Relation to Commercial Joint Ventures

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Determining the terms of ownership and exploitation of intellectual property rights is a fundamental aspect …

Intellectual Property during Bankruptcy

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What Happens to Intellectual Property during Bankruptcy?. In the United States, the question is, what happens to those intellectual property rights during a Chapter 11 Bankruptcy?

Trademark License Agreements

It offers a detailed Look at Trademark License Agreements in legal practice, with an explanation of best practices in the drafting of trademark license agreements.

Crime of Theft

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Is it Possible to Commit the Crime of Theft with Regard to Intellectual property?. When it comes to intellectual property, many of us think of copyrighted works of art, … in the U.S., trade secrets are protected under both state and federal laws.

World Intellectual Property Organization: Copyright Treaty

Article 12
Obligations concerning Rights Management Information

(1) Contracting Parties shall provide adequate and effective legal remedies
against any person knowingly performing any of the following acts knowing, or
with respect to civil remedies having reasonable grounds to know, that it will
induce, enable, facilitate or conceal an infringement of any right covered by
this Treaty or the Berne Convention:

(i) to remove or alter any electronic rights management information without
authority;

(ii) to distribute, import for distribution, broadcast or communicate to the
public, without authority, works or copies of works knowing that electronic
rights management information has been removed or altered without authority.

(2) As used in this Article, “rights management information”means
information which identifies the work, the author of the work, the owner of any
right in the work, or information about the terms and conditions of use of the
work, and any numbers or codes that represent such information, when any of
these items of information is attached to a copy of a work or appears in
connection with the communication of a work to the public.

Article 13
Application in Time

Contracting Parties shall apply the provisions of Article 18 of the Berne
Convention to all protection provided for in this Treaty.

Article 14
Provisions on Enforcement of Rights

(1) Contracting Parties undertake to adopt, in accordance with their legal
systems, the measures necessary to ensure the application of this Treaty.

(2) Contracting Parties shall ensure that enforcement procedures are available
under their law so as to permit effective action against any act of infringement
of rights covered by this Treaty, including expeditious remedies to prevent
infringements and remedies which constitute a deterrent to further
infringements.

Article 15
Assembly
(1)(a) The Contracting Parties shall have an Assembly.

(b) Each Contracting Party shall be represented by one delegate who may be
assisted by alternate delegates, advisors and experts.

(c) The expenses of each delegation shall be borne by the Contracting Party
that has appointed the delegation. The Assembly may ask the World Intellectual
Property Organization (hereinafter referred to as “WIPO”) to grant financial
assistance to facilitate the participation of delegations of Contracting Parties
that are regarded as developing countries in conformity with the established
practice of the General Assembly of the United Nations or that are countries in
transition to a market economy.

(2)(a) The Assembly shall deal with matters concerning the maintenance and
development of this Treaty and the application and operation of this Treaty.

(b) The Assembly shall perform the function allocated to it under
Article 17(2) in respect of the admission of certain intergovernmental
organizations to become party to this Treaty.

(c) The Assembly shall decide the convocation of any diplomatic conference
for the revision of this Treaty and give the necessary instructions to the
Director General of WIPO for the preparation of such diplomatic conference.

(3)(a) Each Contracting Party that is a State shall have one vote and shall
vote only in its own name.

(b) Any Contracting Party that is an intergovernmental organization may
participate in the vote, in place of its Member States, with a number of votes
equal to the number of its Member States which are party to this Treaty. No such
intergovernmental organization shall participate in the vote if any one of its
Member States exercises its right to vote and vice versa.

(4) The Assembly shall meet in ordinary session once every two years upon
convocation by the Director General of WIPO.

(5) The Assembly shall establish its own rules of procedure, including the
convocation of extraordinary sessions, the requirements of a quorum and, subject
to the provisions of this Treaty, the required majority for various kinds of
decisions.

Article 16
International Bureau

The International Bureau of WIPO shall perform the administrative tasks
concerning the Treaty.

Article 17
Eligibility for Becoming Party to the Treaty

(1) Any Member State of WIPO may become party to this Treaty.
(2) The Assembly may decide to admit any intergovernmental organization to
become party to this Treaty which declares that it is competent in respect of,
and has its own legislation binding on all its Member States on, matters covered
by this Treaty and that it has been duly authorized, in accordance with its
internal procedures, to become party to this Treaty.

(3) The European Community, having made the declaration referred to in the
preceding paragraph in the Diplomatic Conference that has adopted this Treaty,
may become party to this Treaty.

Article 18
Rights and Obligations under the Treaty

Subject to any specific provisions to the contrary in this Treaty, each
Contracting Party shall enjoy all of the rights and assume all of the
obligations under this Treaty.

Article 19
Signature of the Treaty

This Treaty shall be open for signature until December 31, 1997, by any
Member State of WIPO and by the European Community.

Article 20
Entry into Force of the Treaty

This Treaty shall enter into force three months after 30 instruments of
ratification or accession by States have been deposited with the Director
General of WIPO.

Article 21
Effective Date of Becoming Party to the Treaty

This Treaty shall bind

(i) the 30 States referred to in Article 20, from the date on which this
Treaty has entered into force;

(ii) each other State from the expiration of three months from the date on
which the State has deposited its instrument with the Director General of WIPO;

(iii) the European Community, from the expiration of three months after the
deposit of its instrument of ratification or accession if such instrument has
been deposited after the entry into force of this Treaty according to Article
20, or, three months after the entry into force of this Treaty if such
instrument has been deposited before the entry into force of this Treaty;

(iv) any other intergovernmental organization that is admitted to become
party to this Treaty, from the expiration of three months after the deposit of
its instrument of accession.
Article 22
No Reservations to the Treaty

No reservation to this Treaty shall be admitted.

Article 23
Denunciation of the Treaty

This Treaty may be denounced by any Contracting Party by notification
addressed to the Director General of WIPO. Any denunciation shall take effect
one year from the date on which the Director General of WIPO received the
notification.

Article 24
Languages of the Treaty

(1) This Treaty is signed in a single original in English, Arabic, Chinese,
French, Russian and Spanish languages, the versions in all these languages being
equally authentic.

(2) An official text in any language other than those referred to in
paragraph (1) shall be established by the Director General of WIPO on the
request of an interested party, after consultation with all the interested
parties. For the purposes of this paragraph, “interested party” means any Member
State of WIPO whose official language, or one of whose official languages, is
involved and the European Community, and any other intergovernmental
organization that may become party to this Treaty, if one of its official
languages is involved.

Article 25
Depositary

The Director General of WIPO is the depositary of this Treaty.

Conclusion

Notes

See Also

References and Further Reading

About the Author/s and Reviewer/s

Author: international

Global Aspects of Intellectual Property Law

Contents of Global Aspects of Intellectual Property Law

Contents of this subject matter include:

  • Theories of Globalization
  • The Institutions of Global IP and their treaties – WTO, WIPO, UN and UPOV
  • Principles in Conflict – Bilateralism-multilateralism and the US-Australia FTA
  • The history, nature and theoretical development of Intellectual Property Rights (IPR)
  • The key international conventions and agreements
  • IPR and Development – TRIPs Compliance and the case of China
  • The Biodiversity Convention and IPR – the patenting of biological ‘inventions’
  • Traditional Knowledge and Traditional Cultural Expressions
  • Health and access to medicines
  • Digital Convergence

Intellectual Property Law

Contents of Intellectual Property Law

Contents of this subject matter include:

  • Introduction & Economic Aspects of Intellectual Property
  • Copyright – Its Birth and Nature
  • Regulatory Framework
  • Subsistence of Copyright:

    Connecting factors and material form

    Originality & Works Generally

  • Subsistence of Copyright: Categories of Works and other Subject-Matter
  • Exclusive Rights of the Copyright Owner & General Principles of Infringement
  • Direct and Indirect Infringement, Other Civil Actions & Offences
  • Defenses and Compulsory Licenses
  • Dealing with Copyright:

    Ownership and Licensing

    Remedies

    Collecting Agencies and the Copyright Tribunal

  • Moral Rights
  • Folklore and Indigenous Cultural Property & Performers ProtectionInternational Enforcement Issues

Intellectual Property

In relation to the international law practice and intellectual property in this world legal Encyclopedia, please see the following section:

Trade, Commercial Relations, Investment, and Transportation

About this subject:

Special 301 Report

Note: there is detailed information and resources under these topics during the year 2013, covered by this entry on intellectual property in this law Encyclopedia.

Introduction

Intellectual Property Law

This entry provides an overview of the legal framework of intellectual property law, with a description of the most significant features of intellectual property law at international level.

Related Work and Conclusions

Resources

See Also

References (Papers)

  • The Maker Movement: Copyright Law, Remix Culture, And 3d Printing, Matthew Rimmer, Dec 2017
  • Shifting The Burden To Internet Service Providers: The Validity Of Subpoena Power Under The Digital Millennium Copyright Act, Matt Sellers, Sep 2017
  • Attorney-Client Privilege In Patent Litigation: In Re Spalding Sports Worldwide, Matt Rodgers, Sep 2017
  • The International Treaty On Plant Genetic Resources For Food And Agriculture: Friend Of The International Farmer, Steven M. Ruby, Sep 2017
  • The Upov System Of Protection: How To Bridge The Gap Between 1961 And 1991 In Regard To Breeders’ Rights, Steven M. Ruby, Sep 2017
  • Protection Of Plant Varieties And The Farmer’s Rights Act, Robyn Ott, Sep 2017

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