Unit 11: Intellectual Property

From the teacher's brief...

The term intellectual property (IP) covers a wide range of diverse issues. It contrasts with real property (Unit 10) and chattels (Unit 9), and covers the ownership rights of connected with intangible products of the intellect.

It is important to realise that the word property refers to the rights and not the product itself.

Like other forms of property, IP can be bought and sold, and the rights of IP owners can be protected by law.

Historically, different jurisdictions have varied in the way that they treated IP rights, but globalisation is rapidly leading to the harmonisation of regulations around the world.

This has been led by the USA and the UK, the only countries which are consistently net beneficiaries of IP payments.

Many other countries, such as India and China, have traditionally been less keen on enforcing IP rights. Harmonisation of IP rights has been an important element of World Trade negotiations. A major example is the World Trade Organisation's Agreement on Trade-Related Aspects of Intellectual Property Rights (known as TRIPS)

Discussion

1. What is to be understood by the term intellectual property?(some mention of copyright, patents and trademarks is appropriate here…)

2. What is the smallest thing that can be protected by intellectual property rights?

Answer: small things: • The design of a microchip (or of a subcomponent of that

microchip)• A modified gene (important for a lot of things )

Discussion

• A virus• Nanotechnology• A short name (ex. “3M”)• Probably not a single letter, although the particular design of

that letter may constitute a trademark (ex. the “golden arches” of McDonald’s)

• A musical tune (three notes?)

Discussion

• Big things…• The design of the building (although it can be argued that the

design of a building is just a document, not the building itself)• An airplane• An encyclopaedia

Discussion

• Hypothetical..• 3. What would happen if there were no IP rights? • In the short-term, third parties would have rights to use the

protected materials, designs, etc., and the world would unquestionably be better off. However, there would be less incentive for businesses, inventors, designers, artists, etc. to create new intellectual property, so the world might be worse off in the long run. Yet, the rise of free, voluntary projects, such as Linux, most weblogs and Wikipedia, demonstrates that people do not always need financial incentives to create something new and useful. Some critics of IP rights believe that the feared long-term effects have been exaggerated by interested parties, such as big business.

Reading 1

Which terms from the text match these definitions:1. The exclusive right granted to authors of creative works to

control the use of their original works. Copyright. Interesting fact: It only provides a partial monopoly;

US right of fair use provides exceptions by which a work can be copied

2. The exclusive right granted by a government which prevents others from making, using or selling his or her invention.

Patent. Interesting fact: statutory period is 20 years in the US and UK; typically needs to be novel, inventive, useful and non-obvious, things can be excluded for moral reasons.

Reading 13. The distinctive registered mark used by a business to identify

itself and its products or services to consumersTrademark. Interesting fact: must be distinctive; deception

includes cybersquatting (the bad-faith registration of domain names which are confusingly similar to another's trade mark ex. The company brought a cybersquatting claim against an individual who had registered misspelled versions of their domain names.)

4. Official order from a court that stops someone from doing something.

Injunction. There are no interesting facts about injunctions.

Reading 1: Key Terms passing off: Illegally trading on the reputation of another company by misrepresenting its goods or

services as being those of the other company

Design right: Prohibits the copying of an original, non-commonplace design of the shape or

configuration of a product.

Cybersquatting: (see previous slide)

Injunction:A court order which prohibits a specific action from being carried out

Trade secret:The intellectual property of a business which it does not want others to know about .

Note. Trade secrets do not have to be disclosed. They are typically enforced through non-disclosure agreements (NDAs) in employees contracts.

Reading 1: Key Terms

Part 3.Intangible rights refers to IP rights or rights to assets which lack

physical presence.

Right of fair use refers to a privilege which is afforded to third parties to use a copyrighted work without the consent of the author. (to afford here means to provide or to give)

Infringement of rights refers to the use of an IP right without the authorisation from the holder of the right.

Listening 1:

1. What is the topic of the seminar? Business-method patents

2. The speaker says that her listeners will be shadowing a senior lawyer on a new case. What does the case involve?

The case involves an Internet sales application featuring a one-click ordering solution

3. How many requirements does the speaker mention?4

Listening 1: The question of whether an invention

is patentable is generally decided by the courts.

In order for an invention to qualify as novel, the idea behind it should not already have been patented in another device.

A process, such as an idea or a

machine, is not patentable.

Today, business methods are no longer automatically barred from patentability.

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Listening 1:

Look at the transcript of the listening on page 273 of your student book.Try to identify useful language expressions for presentations and underline

them. (Here are some examples…)Good morning ladies and gentlemen…I’m going to be talking to you today about…I’m told that…I understand that…I will be covering the topic (with you) in detail…I’ll begin with… then I’ll move on to…Finally, I’ll discuss…Let’s have a look at…We can assume that…

Reading 2:

“The State Street Case”

Please read the first three paragraphs to answer these two questions.

1. What effect has the court’s decision had on the patent system in general?

Answer: It has extended patent protection to a large number of previously unpatentable areas

2. What does the business method in question involve?

Answer: It involves a data-processing system for managing mutual funds.

Reading 2: “The State Street Case”Now read the whole text and discuss in small groups…

1. On what grounds did the lower court hold that the software patent was invalid?

on the grounds that it was unpatentable subject matter

2. What was the reasoning of the Federal Circuit Court in affirming the patentability of the invention?

The court reasoned that the software used in a machine constituted a useful, concrete and tangible result, warranting patentability.

3. Why is the State Street case considered a landmark case?Because it establishes, in contrast to cases preceding it, that business

methods are not per se unpatentable due to their subject matter.

Reading 3: Business Method Patents

1. Which paragraph of the text refers to the fact that business method patent has undergone much change in recent years?

C2. In which paragraph does the writer suggest an alternative to

registering the business method as a patent?G

Part 12. Match the spaces with the correct sentences. 1. D2. E3. A4. C5. B

Reading 3: Business Method Patents

Part 13. Match each word or phrase with its definition

1. c2. a3. d4. B

Streamlined literally means aerodynamic, but here it is used metaphorically meaning quicker and more efficient

Unequivocally means that something is stated in such a way that no one could be in any doubt about it. “I think you might be wrong” (equivocal)

“You’re wrong.” (unequivocal)

Listening 2 Discussing Issues – copyright and fair use

US: Fair Use UK: Fair dealing

1. How do Thomas and Rebecca describe the concept of fair use?Answer: Fair use is when you’re allowed to make limited use of copyright

material without permission. The Copyright Act allows teachers to “display and perform” the works of others in the classroom for educational purposes. (Like Prezi which sometimes doesn’t work)

2. According to Patrick, what is the objective of copyright law?Answer: the objective of copyright law is to strike a balance between the

rights of copyright owners and society’s interest in ensuring the free flow of information.

Listening 2 Discussing Issues – copyright and fair use

US: Fair Use UK: Fair dealing

3. Who does Rebecca think is in the stronger position now, coopyright holders or educators?

Answer: she thinks the copyright holders are in the stronger position now

4. According to Patrick, how many factors need to be taken into account when assessing fair use?

Answer: 4

Listening 2 Discussing Issues – copyright and fair use

US: Fair Use UK: Fair dealing

1.False (It also applies to distance learning but is much more limited)

2. True

3. True

4. True

Listening 2 Discussing Issues – copyright and fair useWhat is the context in the listening for these vocabulary…

ShadowingInternetEducational purposesBattlesPoemPhotocopiesUploadedMillionsNormal and customaryFind a balance