WEEK 5 TECHNOLOGY LAW NOTES - INTELLECTUAL PROPERTY
IP is about what?
The most idea in relation to IP is that we need an element of creativity and originality: In order
for our own notes to be protected by copyright, it needs to be something that comes from our
own creativity and our own thinking more than just what somebody else is saying.
IP is about the protection of intangibles.
IP gives the reward to somebody who has not done something, something cool, something
creative, something original. This reward has specific terms (it is not forever and it needs to give
back to others, to society).
What are the terms that we have in society to be able to use specific intangible products for all
of us?
Examples:
- Hello (from the Inside) - An Adele Parody by Chris Mann.
- Alice’s Adventures in wonderland.
- 3D printers fabricate emergency valves for ventilators to keep coronavirus patients
breathing.
- MEPs split over waiver for COVID-19 vaccine patents:
+ At Wednesday’s debate on ensuring global access to shots, there was a lack of
consensus among MEPs on a temporary waiver of patent rights for COVID-19
vaccines.
+ Do we have access to medicines on original terms? Most of us white, very
privileged, but in other parts of the world, do not.
- Banksy: You are welcome to use Banksy’s images for non-commercial, personal
amusement. Print them out in a colour that matches your curtains, make a card for your
gran, submit them as your own homework, whatever.
But neither Banksy nor Pest Control license the artist’s images to third parties. Please do
not use Banksy’s images for any commercial purpose, including launching a range of
merchandise or tricking people into thinking something is made or enforced by the artist
when it isn’t. Saying “Banksy wrote copyright is for losers in his book” doesn’t give you
free rein to misrepresent the artist and commit fraud. We checked.
Outline
1. Brief overview of IP rights
2. Copyright (Berne Convention)
3. Software Copyright (EU Software Directive)
4. Sui generis right to database (Database Directive)
Trademarks and patents are not so important for the exam.
Historically…
IP law => a response to a new technology
Is IP a response to technology? How does this make sense?
The means of transmission and ideas changed.
, When did we start to have IP law?
Originally, it was the monasteries, it was a matter for the cures and nuns to the books around.
After monasteries, it was within the privileges of the King to give specific permission for a book
to be copied to a very specific person. This is one of the reasons why we had the French
Revolution. During the French Revolution, there was a claim for the freedom of print, with has a
link with the freedom to express ideas because if you cannot print, how are you going to
express ideas? Here started the printing technology. This is basically when we started having a
very serious development of IP law, especially when it comes to copyright. Therefore, IP law
responded to the new technology, it responded to the printing press.
Basic fundamentals about IP: Why do we give the reward?
Incentive => Innovation => Reward
We give a reward so that we are able to, the person who created something, give incentives and
have further innovation. That is the reason we give the reward because this arguably
encourages innovation.
IP Rights:
- Copyright
- Patent
- Trademark
- Etc
Basically, the reward incentives creativity, further innovation, and intents to benefit society.
Creativity:
- Further innovation
- Benefits society
Intellectual Property
- Economic value of intangibles (things we cannot touch). However, IP is about property,
which means that it can be sold, it can be bought, etc.
IP is property
- Sold
- Bought
- Leased or licensed
- Pass on under a will
- Assigned
IP rights (IPRs)
- Copyright
- Patent
- Trademark
- Sui generis database right
- Design rights
- Plant variety rights
