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An application should be filed on the Patent Office before any steps are taken to make the invention public.
A patent application may fail or the grant of a patent can be revoked, that is, removed from the Register in terms of the Patent Acts 1997, if, for example, a successful application is made to the Court in counter-claim on grounds such as: ■ the invention is contrary to public policy or
morality (for example, human cloning processes)
or;
• the person granted the patent does not have entitlement to it.
42 Л Макс adjectives from rhe nouns in brackets. Put a stress mark iri front of the stressed syllable in each adjective. Look at A and Й opposite to help yon.
1 Patent holders have (territory) rights over their inventions.
2 Copyright is a statutory right in an (origin) work.
3 A number of rights fall within (intellect) property, including copyright, design, patents, and trademarks.
4- To be patented, an invention must have some son of (industry) use; this might include, for example, in agriculture.
5 Discoveries of elements of rhe human body arc not (patent).
6 The invention has to be (novelty) and must nor have been disclosed before.
42.2 Find four words in A opposire that can be used to make word combinations with 'copyright'.
Then use the appropriate words to complete rhe sentences below.
1 It is essential to identify the first copyright......................................... before determining whether a
particular form of work qualifies for protection.
2 The duration of copyright.................................... is calculated by reference to the author of the
copyright work.
3 Copyright............................... in product design and in the presentation of merchandising for
products like tovs and cosmetics.
42.3 Complete rhe definitions. Look at Л and Б opposire to help you.
1............................ - a property right that subsists in certain Tangible creative works
2......................................................... - a right that exists as soon as a work thar can be protected by
copyright is created in material form
3.......................... - the transfer of IP rights from the owner of the rights to another person or
organisation
4....................................................... - having a fixed material existence
5............................ - the right to own a patent
6...................................................... - the date on which rhe full description of an invention is
formally applied for
7....................................................... - the criterion for assessing whether an invention is пот an
obvious development of what has been done before, in rhe judgement of someone who is skilled in the relevant area
8 - not having been disclosed anywhere else in rhe world before
9 - the capacity of an invention to meet the criteria set by statute in order for an
application to be granred
%2A Choose the correct phrase in brackets to complete the sentences. Look at Л and В opposite to help you.
1 The Act generally gives the owner of copyright (the right to exclude / exclusive rights / excluding rights) to reproduce rhe copyrighted work and to perform the work publicly.
2 I he patent gives (the right ro exclude / excluding righrs ro / exclusive rights to) others from importing the invention.
What is not patentable in a jurisdiction you are familiar with? How may copyright be enforced?
For information about the Patent Office in the UK, go to: www.patcnt.gov.uk/; for the US Patent and Trademark Office, go to: www.uspto.yov/web/offices/.
Trade marks, domain names, and remedies for IP infringemen
Trainees at a law firm have been asked to help prepare a section on Intellectual Property (IP! law for the monthly e-newsletter circulated to clients. Some of their preparatory notes are below.
T ype of IP interest "Itade mark
How the interest/rioht arises
A trade mark, or mark, needs to be registered at the
Patent Office to be protected.A trade mark is territorial.
It can be з sign including words, symbols, or pictures,
or a combination of all these elements. Its function is to
represent the goods graphically and distinguish them
from other goods. It is essentially a badge of origin
enabling customers to recognise a brand.
A service mark is the same as a trade mark but it
identifies the source of a service.
What protec tio n is available? To be capable of registration, a trade mark must be original and sufficiently distinctive from any other marks for the same or similar goods or services. The mark must be specific to the goods or services to which it is to apply and
must not he misleading or contrary to law or morality.
In the UK, a trade mark can be enforced to protect the mark'5 proprietor under the Trade Marks Act 1994, which implements the EC (European Community! Trade Mark directive.
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