Intellectualproperty

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The following text providesa general introduction to the area of law which dealswith

intellectual property rights, one of the fastest-growing areas of law.

1 Read the text below and decide which of the terms in bold match these

definitions.

1 exclusive right granted to authors of creative works to control the use of

their original works

2 exclusive right granted by a government to an inventor which prevents others

from making, using or selling his or her invention

3 distinctive registered mark used by a business to identify itself and its

products or services to consumers

4 official order from a court that stops someone from doing something

1(US)trademarks

2 (UK) fair dealing (More restrictive than the US doctrine of fair use; in order to be protected, the use has to fall into one of

several categories, while in the USA it is open-ended.)

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2 Match the two halves of these definitions of key terms from the text. Consult

the glossary if necessary.

1 The term passing off refers to the practice of a company...

2 The term design right refers to a right...

3 The term cybersquatting refers to the practice...

4 The term injunction refers to an order issued by a court...

5 The term trade secret refers to the intellectual property of a business...

a which prohibits the copying of an original, non-commonplace design of the

shape or configuration of a product.

b which prohibits a specific action from being carried out in order to prevent

damage or injury.

c illegally trading on the reputation of another company by misrepresenting its

goods or services as being those of the other company.

d which it does not want others to know about.

e of registering a trade mark as a domain name with the intention of later

selling it to the rightful owner.

3 Explain what is meant by these terms related to intellectual property rights in

your own words. Use the sentences in Exercise 2 as models.

1 intangible rights

2 right of fair use

3 infringement of rights

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Lawfirms generallyprovidetraining for younglawyersenteringthe firm in the form of

formalinstructionandpracticawl orkexperienceS.eminarasreheldbyexperienced

lawyersto providea theoretical frameworkfor understandingthe legal, business,ethical

and practicalissuesthat junior lawyersare likely to encounter.Onthe practicalside,the

practiceknownas'shadowingg' ivesjuniorlawyersa chanceto observeseniorlawyersat

work. Shadowingmayinclude anythingfrom attending meetingswith a client and other

lawyers,to participating in negotiationswith opposingcounsel,to attending a trial, or

observingthe closingof a transaction.

Thefollowinglisteningexercisepresentsanextractfroma seminarheldfor junior lawyers

at a USlaw firm.

Unit 11 Intellectual property

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4 ~;:: Listen to the extract and answer these questions.

1 What is the topic of the seminar?

2 The speaker says that her listeners will be shadowing a senior lawyer on a

new case. What does the case involve?

3 How many requirements does the speaker mention?

5 ~;:: Listen again and complete this extract from the outline of the speaker's

notes for this part of the seminar. Use no more than three words for each

space.

Notesfor seminar

. Generreamlarks:Areawhich is changingrapidly;important newcase . Overview:Topicsto be coveredin seminar:basicconcepts,a few

1) ,uU'Uu'u.uuuuuuu u uuuu presentedby participants,recentholdings

. Requiremenftosr patentabilityofaninvention

- First requirement: must be useful: 2) ,uuuUuuu.uuuuuuuuuu requirement.

Invention must provide a 3) ,uuu,uuuuUuuuuuuuu

- Secondrequirement:mustbe new:noveltyrequirement

- Thirdrequirement:mustnot beobviousto personwith skill in the art:

4) u,uuu,uuuU""u',uuu"uuuu,uu,u

- Fourthrequirement:must be patentable5) uuuuU'U'U'uuuuuuu.uuuuuuu . Examples:

processes, machines,a compositionof matter [suchasa synthesisedchemical

compound]

Subjectrnatterstraditionally 6) uu.uuuuuuuuuu .uuuu.uuuuu. patentability:abstractideas

businessmethods]

6 Decide whether these statements are true or false.

1 The question of whether an invention is patentable is generally decided by

the courts.

2 In order for an invention to qualify as novel, the idea behind it should not

already have been patented in another device.

3 A process, such as the idea for a machine, is not patentable.

4 Today, business methods are no longer automatically barred from

pate nta b iIity.

Reading 2: The State case

Thejunior lawyerswhoare attending the seminaron businessmethodpatentsare asked

to researchrelevantcasesonthe topic. Onehasbeenassignedthe landmarkcaseknown

asthe 'State Street'case.In his research,hecameacrossthe summaryof the caseshown

onpage151.

7 Read the title and first three paragraphs of the summary and answer these

questions.

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

2 What does the business method in question involve?

~

The 'State Street' case

Date: 2015-12-11; view: 1252