Unit 11: Intellectual Property
From the teacher's brief...
The term intellectual property (IP) covers a wide range of diverse issues.
It contrasts with real property (Unit 10) and chattels (Unit 9), and covers
the ownership rights of connected with intangible products of the
intellect.
It is important to realise that the word property refers to the rights and
not the product itself.
Like other forms of property, IP can be bought and sold, and the rights of
IP owners can be protected by law.
Historically, different jurisdictions have varied in the way that they
treated IP rights, but globalisation is rapidly leading to the
harmonisation of regulations around the world.
This has been led by the USA and the UK, the only countries which are
consistently net beneficiaries of IP payments.
Many other countries, such as India and China, have traditionally been
less keen on enforcing IP rights. Harmonisation of IP rights has been an
important element of World Trade negotiations. A major example is the
World Trade Organisation's Agreement on Trade-Related Aspects of
Intellectual Property Rights (known as TRIPS)
Discussion
1. What is to be understood by the term intellectual property?
(some mention of copyright, patents and trademarks is
appropriate here…)
2. What is the smallest thing that can be protected by
intellectual property rights?
Answer: small things:
• The design of a microchip (or of a subcomponent of that
microchip)
• A modified gene (important for a lot of things )
Discussion
•
•
•
•
A virus
Nanotechnology
A short name (ex. “3M”)
Probably not a single letter, although the particular design of
that letter may constitute a trademark (ex. the “golden
arches” of McDonald’s)
• A musical tune (three notes?)
Discussion
• Big things…
• The design of the building (although it can be argued that the
design of a building is just a document, not the building itself)
• An airplane
• An encyclopaedia
Discussion
• Hypothetical..
• 3. What would happen if there were no IP rights?
• In the short-term, third parties would have rights to use the
protected materials, designs, etc., and the world would
unquestionably be better off. However, there would be less
incentive for businesses, inventors, designers, artists, etc. to
create new intellectual property, so the world might be worse
off in the long run. Yet, the rise of free, voluntary projects,
such as Linux, most weblogs and Wikipedia, demonstrates
that people do not always need financial incentives to create
something new and useful. Some critics of IP rights believe
that the feared long-term effects have been exaggerated by
interested parties, such as big business.
Reading 1
Which terms from the text match these definitions:
1. The exclusive right granted to authors of creative works to
control the use of their original works.
Copyright. Interesting fact: It only provides a partial monopoly;
US right of fair use provides exceptions by which a work can
be copied
2. The exclusive right granted by a government which prevents
others from making, using or selling his or her invention.
Patent. Interesting fact: statutory period is 20 years in the US
and UK; typically needs to be novel, inventive, useful and
non-obvious, things can be excluded for moral reasons.
Reading 1
3. The distinctive registered mark used by a business to identify
itself and its products or services to consumers
Trademark. Interesting fact: must be distinctive; deception
includes cybersquatting (the bad-faith registration of
domain names which are confusingly similar to another's
trade mark ex. The company brought a cybersquatting claim
against an individual who had registered misspelled versions
of their domain names.)
4. Official order from a court that stops someone from doing
something.
Injunction. There are no interesting facts about injunctions.
Reading 1: Key Terms
passing off:
Illegally trading on the reputation of another company by misrepresenting its goods or
services as being those of the other company
Design right:
Prohibits the copying of an original, non-commonplace design of the shape or
configuration of a product.
Cybersquatting: (see previous slide)
Injunction:
A court order which prohibits a specific action from being carried out
Trade secret:
The intellectual property of a business which it does not want others to know about .
Note. Trade secrets do not have to be disclosed. They are typically enforced
through non-disclosure agreements (NDAs) in employees contracts.
Reading 1: Key Terms
Part 3.
Intangible rights refers to IP rights or rights to assets which lack
physical presence.
Right of fair use refers to a privilege which is afforded to third
parties to use a copyrighted work without the consent of the
author.
(to afford here means to provide or to give)
Infringement of rights refers to the use of an IP right without the
authorisation from the holder of the right.
Listening 1:
1. What is the topic of the seminar?
Business-method patents
2. The speaker says that her listeners will be shadowing a senior
lawyer on a new case. What does the case involve?
The case involves an Internet sales application featuring a
one-click ordering solution
3. How many requirements does the speaker mention?
4
Listening 1:
The question of whether an invention
is patentable is generally decided
by the courts.
In order for an invention to qualify as
novel, the idea behind it should
not already have been patented in
another device.
F
T
F
A process, such as an idea or a
machine, is not patentable.
Today, business methods are no longer
automatically barred from
patentability.
T
Listening 1:
Look at the transcript of the listening on page 273 of your student book.
Try to identify useful language expressions for presentations and underline
them.
(Here are some examples…)
Good morning ladies and gentlemen…
I’m going to be talking to you today about…
I’m told that…
I understand that…
I will be covering the topic (with you) in detail…
I’ll begin with… then I’ll move on to…
Finally, I’ll discuss…
Let’s have a look at…
We can assume that…
Reading 2:
“The State Street Case”
Please read the first three paragraphs to answer these two questions.
1.
What effect has the court’s decision had on the patent system in general?
Answer: It has extended patent protection to a large number of previously
unpatentable areas
2.
What does the business method in question involve?
Answer: It involves a data-processing system for managing mutual funds.
Reading 2:
“The State Street Case”
Now read the whole text and discuss in small groups…
1.
On what grounds did the lower court hold that the software patent was
invalid?
on the grounds that it was unpatentable subject matter
2.
What was the reasoning of the Federal Circuit Court in affirming the
patentability of the invention?
The court reasoned that the software used in a machine constituted a useful,
concrete and tangible result, warranting patentability.
3. Why is the State Street case considered a landmark case?
Because it establishes, in contrast to cases preceding it, that business
methods are not per se unpatentable due to their subject matter.
Reading 3:
Business Method Patents
1.
Which paragraph of the text refers to the fact that business method
patent has undergone much change in recent years?
C
2. In which paragraph does the writer suggest an alternative to registering
the business method as a patent?
G
Part 12. Match the spaces with the correct sentences.
1. D
2. E
3. A
4. C
5. B
Reading 3:
Business Method Patents
Part 13. Match each word or phrase with its definition
1. c
2. a
3. d
4. B
Streamlined literally means aerodynamic, but here it is used metaphorically
meaning quicker and more efficient
Unequivocally means that something is stated in such a way that no one
could be in any doubt about it. “I think you might be wrong” (equivocal)
“You’re wrong.” (unequivocal)
Listening 2
Discussing Issues – copyright and fair use
US: Fair Use
UK: Fair dealing
1. How do Thomas and Rebecca describe the concept of fair use?
Answer: Fair use is when you’re allowed to make limited use of copyright
material without permission. The Copyright Act allows teachers to
“display and perform” the works of others in the classroom for
educational purposes. (Like Prezi which sometimes doesn’t work)
2. According to Patrick, what is the objective of copyright law?
Answer: the objective of copyright law is to strike a balance between the
rights of copyright owners and society’s interest in ensuring the free
flow of information.
Listening 2
Discussing Issues – copyright and fair use
US: Fair Use
UK: Fair dealing
3.
Who does Rebecca think is in the stronger position now, coopyright
holders or educators?
Answer: she thinks the copyright holders are in the stronger position now
3.
According to Patrick, how many factors need to be taken into account
when assessing fair use?
Answer: 4
Listening 2
Discussing Issues – copyright and fair use
US: Fair Use
UK: Fair dealing
1.False (It also applies to distance learning but is much more limited)
2. True
3. True
4. True
Listening 2
Discussing Issues – copyright and fair use
What is the context in the listening for these vocabulary…
Shadowing
Internet
Educational purposes
Battles
Poem
Photocopies
Uploaded
Millions
Normal and customary
Find a balance