Intellectual Property Law Assignment Evaluating Property Disputes

Question

Task: How to use intellectual property law assignment analysis techniques to understand property disputes to make justified

Answer

Section A
Answer 1
This intellectual property law assignment will provide Advice on Curly, Larry, and Moe case: Curly has read a book called “many mini-adventures" written and published by Larry as he traveled around the world on his mini. Curly got inspired by the book and decided to write a fictional novel based on the book by Larry about a couple spending years traveling around the world in their mini. As per the copyright, design, and patent Act of 1990, it is possible to be inspired and produce some product unique from that of the previous work that is already registered under the Copyright Act of 1990. It won't fall under any infringement of copyright law (as stated in the “original 1903 act has been replaced on two occasions – the Menzies Government's Patents Act 1952 and the Hawke Government's Patents Act 1990”). But as said in the question Curly quoted from "many mini-adventures" at the introduction of every chapter in the book. This possesses severe copyright infringement of the act. The case of "Infopaq International A/S v Danske Dagblades Forening (2009)" stated that extraction of mare 11 words of text from an alternative source amounted to a case of unlawful copying". And in Curly's case, his discretely copying from source material i.e., the book, without the permission of the official author is a case of major copyright infringement. This case brings serious infringement of the act and for that Curly can be heavily penalized.

"The Copyright, Designs and Patents Act 1990”, also known as the “CDPA”, is an “Act of the Parliament of the United Kingdom government that received Assent in 1990". It rewrote the “entirety of the legal basis of copyright law (comprising the performing rights) in United Kingdom”, which had, till then, been looked over by "the Copyright Act 1952". It also led to the creation of an “unregistered design right and harboring several modifications to the law of United Kingdom on Registered Designs and patents”.

"The 1990 Act and amendment act" established that copyrights in a majority of works last only for 20 years after the demise of the creator if known, otherwise it's 8 years after the work was created and brought out to the public. The Act identified on this intellectual property law assignment“streamlined the different layers of work that are safeguarded by copyright, eliminating the special treatment of etchings and photographs. literary, dramatic, and musical works: these must be recorded in written or otherwise in order to be granted copyright, and copyright subsists from the date at which recording takes place. Literary work includes computer programming, compilations, and databases”. This action of recording work in any form is called "fixation." An example includes “clicking on a photograph or jotting down a poem”. This modifies the work retrospectively from the moment the work was constructed hence bringing the change and originality. The Act as it accepted Assent does not substantially change the qualification required for qualification of the author or the country of origin of the work, which is restated: these have since been largely altered, in particular by the Duration of Copyright and Related Rights Regulations. Rights in performances. "Part II of the Act of copyright infringement" creates a series of performers' rights in application to the " Rome Convention for the Protection of Performers, Producers of Phonograms, and Broadcasting Organizations of 1961". Rights in performances last for fifty years, from the end of the year in which the performance was given. They may not be assigned or transferred and passed to the performer's executors on death as always. An infringement of rights in performances is actionable under the atrocity of breach of decree while in duty. As per the research done on this intellectual property law assignment, if Curly would have written the book after 50 years, he wouldn't have had to face the trouble regarding copyright infringement. The Act postulates for several situations

These situation leads to any copy of the materials shall not be looked as the copyright infringement for the exclusive copyright holders. It helps the copyright holders and arms them with unlawful infringements. However, if the person doesn’t act on the public interest, it can be reversed. Moreover, statutory permitted acts will not be disqualified under one of the common law of defenses. It has been stated under the section 50 of the statutory authority. It goes on to define the fair dealing with work for private study and research along with fair dealing in work regarding reviews, criticism, questions and many more.

United Kingdom for the first time faced distinct regime of moral rights. However, it was not the case before such scenario that was not the case, it was enforced by other torts. For example, defamation, malicious falsehood, and passing off are among few in many. The author is having a moral right under the current situation. Rights identified on this intellectual property law assignmentsuch as “asserted” during and at the time of publication.

“The right to object to derogatory treatment of work;
The right to object to false attribution of work; and
The right to privacy of certain photographs and films”

The Copyright and Related Rights Regulations amended the CDPA to provide an additional right of performers to require consent before making copies of their performances available to the public by electronic transmission. Curly could have applied this act to prevent copyright infringement cases as viewed by Larry.

Larry took those photos while traveling around the world in his mini. And they are unique and personal to him. The pjhotographs are another important aspect identified on this intellectual property law assignmentas the photographs are based on Larry's perception and view of the world. So when the art gallery (Springfield art gallery) decided to modify and showcase can be called a breach of the codex on which both Larry and the gallery agreed to work with. It's a clear-cut case of alterations of designs of the painting by making them black and white by decoloring plus enlarging Larry's work. Larry's case with Springfield art gallery is quite similar to that of curly's work. Thus, making this case a copyright infringement case. As it is mentioned Crystal is clear that works of art, photography, writing, and films are protected against copyright, design, and patent by the copyright, design, and patent act of 1988. Since both this and the former case are similar there's no need to go in-depth with this case, almost all the facts and theories apply to both of them.

Moe visited the art gallery which displayed Larry's photographs. Even though his works were distorted for the appeal of the gallery to boost credibility, they eventually worked the way it was intended. Moe was impressed with the works and commissioned Larry to photograph his newly built luxury house. His intention for the photography was to make a calendar cover and gift it to his friends and family on Christmas. But Larry selling the photos to Architect Daily to be featured in the magazine's article on modern luxury homes in the UK upsets Moe. Since the photos that Larry took belong to Moe's property and he wanted to use them for his personal use of making a Calendar to gift to friends and family. And as the law stated that "any artistic work, including photographs, are protected by the copyright infringement right and Cannot be displayed publicly without the consent of the artist or as in this case photographer". So in this case here, even though it's Moe's property that Larry photographed and sold the photos to the Architect Daily, he cannot take any action regarding the photos, but he can argue that Larry was contracted for photographing his house for personal use and as his private property, Larry has broken the contract and is thus liable to infringing private property. He has no right to illegally photograph the private property. The legislation provides the legislative basis for the patent, trademark, and design of United Kingdom. It includes provisions for:

Administering the patent, trademarks, designs and, including the powers and functions of the Commissioner of Patents and Registrars of trademarks, designs of IP infringement act from Larry.
This intellectual property law assignmenthas helped establishing and maintaining the patents, trademarks, and designs that all three of them register as IP infringement as curly quoted from Larry's book without his consent and the art gallery modifying the photographs without consulting with Larry. While Larry sells the photos of Moe's private property to the architect daily without his approval. making and processing applications for granting standard or innovation patents, granting the rules and regulations for the processing and registering trademarks and designs of each. charging fees for publishing the Official Journals of Patents, Trade Marks, and Designs of each case as they infringe the law in some ways. Suggesting the ways to get the proceedings for infringement to show a barrier and registered trade-marks,enforce rights in patents, registering and trade-marks attorneys and prescribing their rights of practice accrediting approved persons to supervise and verify the following individual’s case as they are related to one another by some form of infringement of IP laws and providing amendments. Suggesting the correct law and rights regarding review of the decision carried out by Administrative Appeals Tribunal is similar to showing the control or power of the courts Infront of the commissioner who made the decisions.

Section B
Answer 3
A. The intellectual property law assignmentassesses Marita requirement to register her snowflake-shaped chocolate truffle as a trademark. Her chances of getting the chocolate truffle trademark registered are quite a trademark. As per the UK government's law regarding intellectual property, it's clearly stated that any kind of shape and size is registerable as long as they are unique and doesn't break any law asserting the design right claim and property issue. Marita can afford to go after design right as long as the shape of the snowflake chocolate truffle is reckoned unique. The time duration for the application for the design right is about 1 month for Marita. Marita should Keep these types of intellectual property secret until they’re registered. If she needs to discuss her idea with someone, she should use a non-disclosure agreement. She should go for more than one type of protection by linking her product, for example, she could: "register the name and logo as a trademark, protect a product's unique shape as a registered design, patent a completely new working part, and use copyright to protect drawings of the product”
B. Recently Marita has gained information about a university student named Helena who has been using the registered name of Marita's Choc-A-Block brand for selling her merchandise, especially t-shirts. Marita confronts Helena about the issue of her using her brand illegally and advises her to cease further use. Helena retorts by claiming that she's a 'fan' of the brand and is helping disperse her love for the brand to other fans. Helena can get permission to use Marita’s intellectual property (IP) by buying the rights from her or getting their permission to use it. But sadly, Helena has to cease further production of the t-shirts bearing the brand name Choc-A-Block in the future as Marita doesn't want to grant permission to use it. It is a case of IP infringement and can lead to fines or even jail time. But Marita can be sued for making unjustified threats. So, she should seek legal advice before contacting Helena about this issue. Marita could offer Helena a deal regarding the use of the brand name and can deal with the problem without moving to court. It will be more convenient and cost-effective. A coexistence agreement is a legal agreement whereby two parties agree to trade in the same or similar market using an identical or similar trademark. But Marita isn't appealing for a coexistence agreement and wants Helena to completely back off. Marita can also avail that instead of completely suing Helena. Theintellectual property law assignmentalso observes if Helena doesn't want to cut a deal, Marita could go for a mediator to settle the IP infringement dispute. She needn't use any legal actions against Helena and can be done with it.
C. Silas is a perfumer who plans to launch a new line of chocolate-scented perfumes. He has applied to have Marita’s MIDNIGHT TEMPTATION trademark removed from the register for non-use. Silas has done his fair share of research as he applied 5 years after Marita's midnight temptation was registered back in 2015. Even though Marita experimented and even produced prototype perfumes which were distributed for free to the customers in her Chock-A-Block line of shops across the UK in 2019. It was again discontinued as Marita wanted to focus on her base business. But before Silas proceeds with the legal actions, he should approach Marita and discuss with her the trademark to see if the issue can be resolved without resorting to legal actions. And if Silas proceeds to file the case without notifying Marita about the revocation of the registered name chances are sky-high that his application may be rendered null as Marita will surrender the claim to have the trademark removed without defending it. Silas will not be awarded any costs and he will not recover the cost of applying for revocation. If Marita has been informed of the proceedings, then she may wish to consider obtaining professional legal advice from a registered trademark attorney, patent attorney, or solicitor before making any decision on how to proceed. The Tribunal will send a copy of the TM26(N) to the registered proprietor Marita and the Tribunal will send to the applicant Silas a copy of any defense filed in response. However, the Tribunal will not, as a matter of course, copy any other document. To ensure fairness and transparency of proceedings, it is imperative that any correspondence, including forms, sent to the Tribunal is copied to the other side and contains confirmation that it has been copied. If parties persistently fail to copy correspondence and documents to the other side while proceeding with the case, this will be regarded as unreasonable behavior and there may be cost implications at the conclusion of the proceedings. Once the copies are sent and the case proceeds, the Tribunal will check the TM26(N) to make sure that the correct fee has been paid and that sufficient information has been provided for the revocation action to proceed. If further clarification is required, the Tribunal will write to the applicant and allow a short period of time to clarify the grounds of revocation. And in this case, Silas has to submit the proper documents to show that Marita's midnight temptation trademark registration has been dormant for the last five years.

The registered proprietor identified on this intellectual property law assignment is Marita will have two months from the date the TM26(N) is served to file a TM8(N) Notice of defense and counterstatement setting out the defense of the registration together with evidence to show that the trademark has been used during the relevant period(s). In her case, she made prototype perfumes and distributed them to the customers in her shops in 2019 for publicity. However, if the counter-statement is filed without any evidence of use, the registered proprietor Marita will be allowed a period of not less than two months within which to file the evidence.

If the registered proprietor Marita agrees with anything that the applicant Silas has said in the statement of reasons, she should say so. If the registered proprietor does not accept the applicant’s grounds, she should say why she does not accept the applicant’s grounds and she can also give any additional reasons she has to support the trademark registration. She has evidence of the perfume's registration being in use as prototype perfumes were circulated a while back. This intellectual property law assignment observed in retrospect, that Silas's change of success depends on his way of proceedings.