Lecture Fundamentals of business law (7/e): Chapter 17 - M.L Barron

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Lecture Fundamentals of business law (7/e): Chapter 17 - M.L Barron

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Chapter 17 - Intellectual property law. At the end of this chapter you should understand: ‘intellectual property law’ and the philosophy behind the concept of protecting intellectual property; how to distinguish between the products that are protected by copyright, patent, trade mark and design legislation; the definition of the term ‘copyright’ and explain how the law relating to it protects the physical expression of ideas;…

This is the prescribed textbook for your course Available NOW at your campus bookstore! Copyright © 2014 McGraw-Hill Education (Australia) Pty Ltd PPTs to accompany Barron, Fundamentals of Business Law 7Rev 2-1 Intellectual property law Chapter 17 Copyright â 2014 McGraw-Hill Education (Australia) Pty Ltd PPTs to accompany Barron, Fundamentals of Business Law 7Rev •2-2 Learning objectives At the end of this chapter you should understand: • ‘intellectual property law’ and the philosophy behind the concept of protecting intellectual property • how to distinguish between the products that are protected by copyright, patent, trade mark and design legislation • the definition of the term ‘copyright’ and explain how the law relating to it protects the physical expression of ideas • how the Designs Act 2003 (Cwlth) protects the visual form of articles • the definition of the term ‘trade mark’ and the operation of the Register of Trade Marks Copyright © 2014 McGraw-Hill Education (Australia) Pty Ltd PPTs to accompany Barron, Fundamentals of Business Law 7Rev •2-3 Learning objectives (cont.) • the definition of the term ‘patent’ and outline the requirements for patentability • the tort of passing off • the elements in a common-law action for breach of confidence in relation to confidential information • the remedies for breach of copyright, unauthorised use of trade marks, designs, patent infringement, passing off and breach of confidential information • the actions for passing off, infringement of trade marks and breaches of s.18 of the Australian Consumer Law Copyright © 2014 McGraw-Hill Education (Australia) Pty Ltd PPTs to accompany Barron, Fundamentals of Business Law 7Rev •2-4 Introduction • Intellectual property law deals with the legal rights that relate to intangible property such as: – copyright – registered designs – trade marks – patents • Intellectual property is not capable of being possessed like other personal property • May have significant commercial value Copyright © 2014 McGraw-Hill Education (Australia) Pty Ltd PPTs to accompany Barron, Fundamentals of Business Law 7Rev •2-5 Copyright • Copyright – The right to prevent the unauthorised reproduction by a third party of the tangible form in which a person has chosen to express his or her ideas • Statute – Copyright Act 1968 (Cwlth) • Substance of statute – Protects the physical expression of ideas (not the idea itself) Copyright © 2014 McGraw-Hill Education (Australia) Pty Ltd PPTs to accompany Barron, Fundamentals of Business Law 7Rev •2-6 Copyright (cont.) Subject matter (categories) Original works Literary Musical Dramatic Artistic Other than original works Sound recordings Films Published editions of works Copyright © 2014 McGraw-Hill Education (Australia) Pty Ltd PPTs to accompany Barron, Fundamentals of Business Law 7Rev •2-7 Examples of copyright in original works • Literary works – Books, tables of data, computer programs • Dramatic works – Ballet • Artistic works – Paintings – Sculptures – Drawings Copyright © 2014 McGraw-Hill Education (Australia) Pty Ltd PPTs to accompany Barron, Fundamentals of Business Law 7Rev •2-8 To be original • Copyright subsists in ‘original’ works • To be original: – it is not necessary for the work to be first of its kind – the work must originate with the author – the work must be more than a copy of some other material – author must have used some skill or experience in making the work/product original Copyright © 2014 McGraw-Hill Education (Australia) Pty Ltd PPTs to accompany Barron, Fundamentals of Business Law 7Rev •2-9 Ownership of copyright • Author generally owns copyright (author is person responsible for compiling the work) • Employer owns copyright where author is under contract of service or apprenticeship • Person who commissions and pays for work • Maker of sound recording or film Copyright © 2014 McGraw-Hill Education (Australia) Pty Ltd PPTs to accompany Barron, Fundamentals of Business Law 7Rev •2-10 Duration of registration of a trade mark Initially for 10 years, then renewed indefinitely for successive periods of 10 years Copyright © 2014 McGraw-Hill Education (Australia) Pty Ltd PPTs to accompany Barron, Fundamentals of Business Law 7Rev •2-30 Why register a trade mark? • Protect goodwill associated with trade mark • Exclusive rights to use trade mark • Asset included in business valuation • May assist with franchising and licensing Copyright © 2014 McGraw-Hill Education (Australia) Pty Ltd PPTs to accompany Barron, Fundamentals of Business Law 7Rev •2-31 Infringement of trade marks • Using mark similar to registered trade mark, in order to deceive • Tort of passing off Copyright © 2014 McGraw-Hill Education (Australia) Pty Ltd PPTs to accompany Barron, Fundamentals of Business Law 7Rev •2-32 Remedies for infringement of trade marks • Injunction • Damages: – Loss sustained – Account for profits Copyright © 2014 McGraw-Hill Education (Australia) Pty Ltd PPTs to accompany Barron, Fundamentals of Business Law 7Rev •2-33 Trade Marks Amendment Act 2006 (Cwlth) • Matters addressed in the Act: – 'Absolute first use rule' introduced – New ground to opposition to registration is that the application to register was made in 'bad faith' – Greater recognition of the international trend to protect famous trademarks – Changes to non-use provisions – Provision for undertakings regarding customs notices Copyright © 2014 McGraw-Hill Education (Australia) Pty Ltd PPTs to accompany Barron, Fundamentals of Business Law 7Rev •2-34 Patents • Patents Act 1990 (Cwlth); Patents Cooperation Treaty 1970 Inventor has sole and exclusive right to exploit and to authorise another to exploit his/her invention • Subject matter involves: – Manner of manufacturing – Novelty – Practical use • Examples of inventions: – – – – Machines Drugs Processes Treatments Copyright © 2014 McGraw-Hill Education (Australia) Pty Ltd PPTs to accompany Barron, Fundamentals of Business Law 7Rev •2-35 Application for patents • Through Patent Office • Prerequisites: – Disclosure – Prove application meets the requirement of being ‘novel’ – Tested against publications (written, oral or in use) anywhere in the world Copyright © 2014 McGraw-Hill Education (Australia) Pty Ltd PPTs to accompany Barron, Fundamentals of Business Law 7Rev •2-36 Duration of protection • Innovation patent: – Replaces petty patent – Maximum of years • Standard patent: – 20 years Copyright © 2014 McGraw-Hill Education (Australia) Pty Ltd PPTs to accompany Barron, Fundamentals of Business Law 7Rev •2-37 Infringement of patents If invention is copied by manufacturing or supplying goods whose use would infringe the patent Copyright © 2014 McGraw-Hill Education (Australia) Pty Ltd PPTs to accompany Barron, Fundamentals of Business Law 7Rev •2-38 Defences to infringement of patents At date of infringement, defendant was not aware of existence of patent Copyright © 2014 McGraw-Hill Education (Australia) Pty Ltd PPTs to accompany Barron, Fundamentals of Business Law 7Rev •2-39 Remedies for infringement of patents • Injunction • Damages: – Loss sustained – Account for profits Copyright © 2014 McGraw-Hill Education (Australia) Pty Ltd PPTs to accompany Barron, Fundamentals of Business Law 7Rev •2-40 Tort of passing off Person seeks to pass his/her own goods or services off as the product of a more successful competitor Copyright © 2014 McGraw-Hill Education (Australia) Pty Ltd PPTs to accompany Barron, Fundamentals of Business Law 7Rev •2-41 Elements of tort of passing off • Misrepresentation is made: – by a trader in the course of trade – to prospective customers of the trader, or ultimate customers of goods or services supplied by the trader – calculated as injuring the business or goodwill of another trader Must cause actual damage to the business or goodwill of the trader who is suing Copyright © 2014 McGraw-Hill Education (Australia) Pty Ltd PPTs to accompany Barron, Fundamentals of Business Law 7Rev •2-42 Action for breach of confidential information (common law) • • • Substance: Restrains a person from using confidential information obtained from another, when they not have the consent of the other party Subject matter: – Information has nature of being confidential – Information received in circumstances where obligation of confidence is expressed or implied – Information communicated to a third person without permission Examples: – Trade secrets – Government information Copyright © 2014 McGraw-Hill Education (Australia) Pty Ltd PPTs to accompany Barron, Fundamentals of Business Law 7Rev •2-43 Remedies for infringement of confidential information • Injunction • Anton Piller order • Damages Copyright © 2014 McGraw-Hill Education (Australia) Pty Ltd PPTs to accompany Barron, Fundamentals of Business Law 7Rev •2-44 ... property law Chapter 17 Copyright © 2014 McGraw-Hill Education (Australia) Pty Ltd PPTs to accompany Barron, Fundamentals of Business Law 7Rev • 2-2 Learning objectives At the end of this chapter. .. Barron, Fundamentals of Business Law 7Rev • 2-1 0 Rights given to owner of copyright Copyright © 2014 McGraw-Hill Education (Australia) Pty Ltd PPTs to accompany Barron, Fundamentals of Business Law. .. passing off, infringement of trade marks and breaches of s.18 of the Australian Consumer Law Copyright © 2014 McGraw-Hill Education (Australia) Pty Ltd PPTs to accompany Barron, Fundamentals of Business

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Mục lục

    Examples of copyright in original works

    Rights given to owner of copyright

    Actions not amounting to infringement of copyright

    Remedies for infringement of copyright

    Copyright Amendment (Moral Rights) Act 2000 (Cwlth)

    Copyright Amendment (Digital) Agenda Act 2000 (Cwlth)

    Copyright Amendment Act 2006 (Cwlth)

    Protection against infringement of design

    Registration of trade marks

    Certain signs cannot be registered

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