Dealings and Enforcement of Property Law
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Dealings and Enforcement of Property Law

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Questions and Answers

What can an owner of intellectual property (IP) do with their rights?

  • Only sell their IP
  • Share with anyone without restrictions
  • Hold IP indefinitely without any management
  • Use to develop works/products (correct)
  • A registered trademark can be transferred by operation of law in the same way as other personal property.

    True

    What is a key strategy for protecting intellectual property?

    Conducting Audits

    A patent or application for a patent is classified as __________ property.

    <p>incorporeal moveable</p> Signup and view all the answers

    Match the following IP types with their corresponding acts:

    <p>Copyright = Copyright, Designs and Patent Act 1988 Patent = Patents Act 1977 Trademark = Trademarks Act 1994 Assignment = Intellectual Property Assignments</p> Signup and view all the answers

    Which section of the Trade Mark Act requires that the granting of security must be registered?

    <p>S 25(2)(c) Trade Mark Act</p> Signup and view all the answers

    An injunction can only be granted if the plaintiff's case is very strong.

    <p>False</p> Signup and view all the answers

    What is the primary purpose of the damages awarded in infringement cases?

    <p>to compensate for the loss or injury caused by an infringement</p> Signup and view all the answers

    A license may be granted under any patent for working the invention which is the subject of the patent or the application according to section _____ of the Patents Act.

    <p>S 33 (4)</p> Signup and view all the answers

    Match the following legal principles with their respective acts:

    <p>S 1 = Administration of Justice (Scotland) Act 1972 S 107 = Copyright, Designs and Patents Act S 61 (1) (c) = Patent Act S 14 (2) = Trade Mark Act</p> Signup and view all the answers

    Study Notes

    Dealings and Enforcement of Property Law

    • Overview:

      • IP rights can be used in various ways, including development, sale, sharing, licensing, and securing.
      • Key IP subjects discussed: Copyright, Patents, Trademarks.
      • The owner of IP can develop works/products, sell or share them, and authorize others not to use them.
    • Key Questions:

      • Validity of existing IP rights.
      • Database checks to verify IP rights (e.g., trademarks).
      • Ensuring requirements for IP are met.
    • Strategies for Protecting Intellectual Property (IP):

      • Conducting periodic IP audits is crucial for effective management.
      • WIPO IP audits assess intellectual property.
      • Drafting strong IP agreements and contracts secures rights.
      • Creating robust IP portfolios strengthens a business.
    • Copyright:

      • Copyright, Designs, and Patents Act 1988:
        • Copyright can be transferred by assignment, testamentary disposition, or operation of law (personal/movable property).
        • Copyright transfers can be partial.

    Patents

    • Patents Act 1977:
      • Patents (and applications) are incorporeal moveable property.
      • Assignments/licenses can grant rights to the recipient.
      • Compulsory licenses can be granted after three years (or a prescribed period) from patent grant date, based on 'relevant grounds'.

    Trade Marks

    • Trade Marks Act 1994:
      • Registered trademarks are personal property (Scotland: incorporeal moveable property).
      • Trademark transfers can happen through assignment, testamentary disposition, or operation of law.
      • A registered trademark can be subject to a charge (Scotland: security).
      • Trademarks can be licensed.

    Assignment/Assignation in General

    • Registered rights should be recorded.
    • Important to track ownership over the years.

    Seeking/Granting a Licence

    • Exclusive and non-exclusive licences can be granted.
    • Various types of licences exist.

    Securitise

    • Trademarks Act 25(2)(c): Security (e.g., fixed/floating) must be registered.
    • Patents Act: special arrangements for patents in Scotland.

    Enforcement

    • Orders to stop: Interim/permanent injunctions/interdicts.
    • Orders to pay: Damages (compensatory) or account of profits (discretionary equitable remedy).
    • Courts can order infringing goods to be destroyed, forfeited, or returned to the rightful owner.

    Alternative Dispute Resolution

    • Future disputes: WIPO arbitration clauses for resolving disputes.
    • Existing disputes: WIPO arbitration agreements are used to resolve pre-existing disputes.

    Summary

    • Deals with understanding IP types and rights, product development, assignments, licenses, security and enforcement.

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    Description

    This quiz covers the essential aspects of property law, focusing on intellectual property rights, including copyright, patents, and trademarks. Explore key strategies for protecting and managing IP, such as conducting audits and drafting contracts. Test your understanding of IP validity and the requirements needed to safeguard intellectual property.

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