- Intellectual Property Law Summary Notes!
What's in the Intellectual Property Law Summary Notes?
Our Intellectual Property Law Summary Notes will provide you with a clear and complete synthesis of the most important points you need for your Intellectual Property Law exam. The table of contents of our Intellectual Property Law Summary Notes is shown below.
Table of Contents for Intellectual Property Law Summary Notes
1. Introduction. 5
A. How to use Cram Notes. 5
B. Abbreviations. 5
2. Is there a Breach of Copyright 5
A. Does copyright exist
(subsistence of copyright) 5
i. Is it works. 5
1) Literary. 5
2) Artistic. 6
3) Musical 7
4) Dramatic. 7
ii. Is it recorded in a
material form. 7
iii. Is it original. 7
iv. Is it subject matter
other than works. 8
B. Is the author eligible to
hold copyright. 9
i. Duration. 9
ii. Qualification &
connecting factors. 9
C. Exploitation of Copyright 9
i. Ownership. 10
1) Who is the owner of any copyright subsisting in the work. 10
2) In what circumstances will someone other than the author have
copyright ownership 10
D. Infringement of Copyright 10
i. Direct
Infringement 10
1) What is not a substantial part. 11
2) Has a substantial part of the work been reproduced. 11
3) Is there a causal
connection between the original and the reproduction. 11
ii. Indirect infringement 12
iii. Authorisation of
infringement 12
E. Defences to infringement 13
i. Has there been a fair
dealing with the work. 13
1) Definition. 13
2) Research and study. 14
3) Criticism or review.. 14
4) Reporting news. 14
ii. Has sufficient
acknowledgement been made. 14
F. Were the authors moral
rights breached. 14
i. Right of attribution. 14
ii. False attribution. 15
iii. Integrity of authorship. 15
3. Is there a Breach of a Trademark 16
A. Has the trademark been
properly registered. 16
i. Registration
formalities (examination of trademark) 16
1) Is it a sign. 16
2) Ownership. 16
3) Is there use or an intent
to use. 16
4) Is there a graphical
representation. 16
5) Nomination of classes. 16
ii. Is there
distinctiveness. 17
1) Inherently adapted to
distinguish. 17
2) Inherent capacity to
distinguish. 17
3) Distinctive due to prior
use. 19
B. Are there grounds for refusal
of registration. 19
i. Not capable of
distinguishing. 19
ii. Conflicts with existing
trademark. 19
1) Substantially
Identical 19
2) Deceptive Similarity. 20
iii. Scandalous or contrary to
law.. 21
iv. Deceptive or confusing. 21
C. Are there grounds for
opposition of registration. 22
D. Are there grounds for
revocation of the trademark. 22
E. Has the trademark been
infringed. 22
i. Substantially
identical/deceptively similar 22
F. Defences. 23
4. Is the Patent Registrable 23
A. Is the invention patentable. 23
i. Examination of
application. 23
ii. Patentable subject
matter 24
iii. Novelty. 25
1) Prior art base. 26
2) Anticipation. 26
3) Exceptions. 26
iv. Inventive step. 27
1) How is Inventive
Step Assessed. 27
2) Who is the 'person
skilled in the relevant art'. 27
3) Common general knowledge. 28
v. Innovative step. 28
1) What Constitutes
an Innovative Step. 28
2) How is Innovative Step
Assessed. 28
B. Is the patent open to
revocation of its registration. 29
i. Utility. 29
ii. Secret use. 30
5. Is there a case for Passing Off 30
A. Elements of passing off 30
B. Is there a misrepresentation. 31
i. Goodwill 31
ii. Indicia of reputation. 31
C. Was the misrepresentation
made in the course of trade. 32
i. Intention. 32
ii. Made to consumers. 32
D. Was there damage. 32
i. Profits. 33
ii. Damage to reputation. 33
E. Consider breach of Schedule
2, section 18 of the Competition and Consumer Act 33
6. Is there Breach of Schedule 2, section 18 of the Competition
and Consumer Act 33
A. Similarity to passing off 33
B. Was there breach by a
corporation engaged in trade or commerce. 34
C. Is it misleading and
deceptive. 34
7. Is there a Breach of a Design 34
A. Have the formalities been
met. 34
B. Examination of design.. 34
i. Is it a design. 34
ii. Is the design new. 35
iii. Is the design
distinctive. 35
1) Substantial similarity. 35
C. Ownership.. 35
D. Has the design been infringed. 35
E. Defences. 35
8. Is there a Breach of Confidence 35
A. Was it information. 36
B. Did the necessary level of
confidence exist. 36
C. Was there an obligation of
confidence. 36
i. Circumstances. 36
ii. Nature of relationship. 37
iii. Employees. 37
iv. Third parties. 37
D. Was the information used
without authorisation. 37
E. Will the use of the
information cause detriment. 37
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