INTELLECTUAL PROPERTY LAW
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Intellectual Property Law
Violation of intellectual property is a significant concern in the UK and globally. The issue compels states to create protective guidelines that copyright holders and all other stakeholders must understand to avoid infringement or being on the wrong side of the law.[1][2] The study provides descriptions that help to understand how adhering to copyright law helps to combat copyright piracy that affect many creators of various contents. It shows guidelines that direct production of copyrighted materials at the national, regional, and international levels. The study refers to the rulings in cases that revolve around copyright violation, which further illustrates how proper implementation of the copyright law may deter unpermitted reproduction, modification, and distribution of copyrighted works. The argument is that copyright law can best address copyright violation if appropriate structures are in place and concerned parties are committed to follow all guidelines.
Unpermitted production, distribution or utilization of an intellectual property generated by someone else, encompassing computer software, constitutes to copyright violation and is unlawful and subject to both criminal and civil consequences. This is because all productions of original expression that are attached to a tangible form are subject to copyright fortification, even if no formal or official notification is attached.[3] Computer software, digital images, written forms such as websites, online posts, books, and emails, songs, and certain recorded sounds are examples of works that enjoy copyright protection.[4] Unless indicated in the contract, the employer often holds the copyright for task performed by a worker in the process of employment.[5] Copyright owners have the authority, encompassing the privilege to regenerate, adapt, dispense, exhibit, and perform their productions. However, regenerating and dispatching copyrighted materials without permission violates the rights of the copyright owner.[6] Nonetheless, fair use is applied in some instances. If a small portion of a copyrighted work is utilized in a non-commercial context and does not economically impact the copyright owner it may be termed fair use.[7][8] For instance, quoting a passage from a book or article in class assignment would be deemed fair use. Linking to another website from one’s site is not often regarded as infringement. Nevertheless, copying the content of another website into one’s own or using videos without consent would likely amount to violation.
Protection in the UK
The copyright piracy phenomenon has prompted the development of various regulations aimed at protecting intellectual property at the national level. The UK acknowledges that have the appropriate form of intellectual property fortification helps the copyright holder from losing the names of their brand or products, inventions, design, or what they make, produce or write.[9] Consequently, the government pays considerable attention to the production of trademarks, deigns, patents, and copyrights that are all forms of intellectual property protection.[10] Whereas generators of various compositions may get some forms of protection automatically, they must apply for others.
There are distinct laws in the in the UK that applies to trademarks. Some of the policies and regulations that protect trademarks are trademark forms and fees, Trademarks Act 1994, and Trademarks Rules.[11] Those wishing to have trademarks must part with some fees, a process that makes the trademark duly theirs. One parts with 200 pounds when applying to register a trademark although online trademark forms cost 170 pounds. Trademark renewal costs 200 pounds while it is free to give a notice of threatened opposition. The Trademarks Act 1994, on the other hand, provides in-depth explanation regarding the use of trademarks and how owning this form of IP protection safeguard one from possible infringement. Some of the issues covered by the Trademarks Act 1994 include unpermitted use of trademarks, falsification of register, and falsely presenting trademarks as duly registered. The law describes the issuance of certificates on trademarks and give directives of potential effects of violating registered trademarks. The Trademarks Rules 2008 are equally important in protecting trademarks against potential violations. The Rules set out guidelines for application of trademarks, amendment of application, renewal, and revocation among other issue.
Various regulations also exist in the UK to regulate ownership and use of patents. Some of the guidelines that are largely applicable, include the Patents Act 1977, the Patents Rules 2007, and Copyright, Designs, and Patents Act 1988. The Patents Act 1977 is the primary law regulating patents system in the UK. The regulation outlines the guidelines for patent application, how the process of issuing patents work, and outlines steps for dealing with emerging confrontations. The Patents Rules 2007, on the other hand, outlines the detailed procedures outlined in the Patents Act 1977. The Rule requires applicants to mention the inventor during the application process and outline procedures for translations and interpretation. The Copyright, Designs and Patents Act 1988 on its part serves as a consolidated form of the patents related to sections five and six of the Copyright, Designs and Patents Act 1988.[12] Any case of violation on patent ownership and use is resolved on the basis of these three and several other guidelines.
The Registered Designs Act and Rules, the Registered Designs Examination Practice, and the Designs Statutory Instruments are some of the regulations that define use of designs as a protection of intellectual property. The Registered Designs Act and Rules 1949 is the present regulation for the registration of designs and the safeguarding of registered designs in the United Kingdom. The Rule offers valuable insight into various concepts such as proprietorship of designs, application for registration, and determination of applications for registration among other factors. Another valuable guidance is the Registered Designs Examination Practice that is based on the terms of Registered Designs Act 1949 and the Registered Design Rules 2006. The guide provides valuable information regarding absolute grounds for denial, formalities procedures for submitting applications on designs, and information on examination processes. The Designs Statutory Instruments are also equally essential in guiding use of designs as a protection of intellectual property. The instruments comprise various regulations such as the Registered Designs (Fees) Rules (2006 and the Intellectual Property Regulations 2006, which are all important in guiding use if designs as protection for IP.
The Copyright Act is an example of a regulation that directs use of copyrights as protection against violation of IP. Copyright Act serves as the chief legislation on copyright. The Act that was formed in 1988 has been amended on various instances since coming into force in 1989. The legislation is instrumental in offering guidance on authorship and ownership of copyright, duration of copyright, secondary violation of copyright, and outlines procedures for dealing with violations.
IP Protection in Europe
The European continent adhere to particular frameworks that prevent possible cases of violating intellectual property. European Patent Convention also called the Convention on the Grant of European Patents was formed in 1973 with the objective of guiding issuance and use of patents in the larger Europe.[13] The regulation describes the application of the European patent that is issued to those operating within Europe. Nonetheless, the EPC reminds stakeholders that a European patents does not qualify as a unitary right, but a set of essentially autonomous enforceable and revocable patents.[14] Specifically, the EPC offers a legal guidance for the issuance of patents in Europe through a harmonized guideline before the European Patent Office. It is also important to acknowledge that in Europe, trademarks are registered nationally or at the EU-level as a trademark that takes effect within European Union. The European Commission often monitors the trademark sector in the EU to come up with ways to enhance its accessibility and effectiveness for businesses. Moreover, the EU has harmonized the protection of industrial design across countries in the EU and formulated the Community design that provides unitary fortification throughout the EU using a single guideline.
Protection at the International Level
Internationally, a set of rules exist to guide the protection of intellectual property. International IP law comprises of bilateral and multilateral agreements and their ensuing harmonization of laws at the national level.[15] International IP law has become an increasingly essential and mostly litigated field, especially in the trademark, copyright, and patent areas. However, the area requires more focus to come up with more elaborative guidelines.
How Copyright Law can Best Address Copyright Piracy
The availability of various regulations at different capacities suggest that effective and appropriate application of copyright law can help to deal with the copyright piracy phenomenon in the most effective manner. The structures at the various levels implies that the original developers of products and anyone they offer authorization to are the only permitted parties or individuals with the rights to regenerate the work.[16] Thus, it is vital for stakeholders at all levels to work towards effective production of copyright law because such regulations safeguard the rights of the artist, author, or other developers of creative works to regulate when and how their production can be copied and distributed, and works effectively in preventing others from improperly using the work without valid permission or authorization.[17][18] It is imperative to encourage effective use of copyright law because the guideline offers the protection of the original work and also offer an exclusive right to the developer of the work have dominance over the publishing or production of their work.
Copyright law can deal with the copyright piracy’ phenomenon because the analysis reveals that policy developers at various levels pay considerable attention to this area. Nationally, the UK has instituted a range of regulations that it believes will adequately safeguard original productions of authorship, encompassing artistic works such as architecture, computer programs, songs, and movies as well as dramatic and literal forms.[19] Thus, copyright owners need to conversant with the fundamental rights that the every owner of a copyrighted work should enjoy. They must understand that they enjoy the special rights of regeneration, adaptation, display, performance, and publication.[20] Copyright owners should also understand that the law offers them an opportunity to maintain the creativity and originality of their work.[21] More fundamentally, copyright owners should understand that copyright law offers a suitable framework for balancing the authors and public’s rights to utilize work without getting permission from owners or paying royalties.[22][23] Hence, it is vital to promote the development of more effective and elaborate copyright laws to adequately deal with the copyright piracy phenomenon.
The settling of various cases revolving around use of IP is a perfect example of how it is possible to deal with copyright piracy while relying on copyright law. The rulings arrived at in the various cases suggest that no one is above the law and anyone who is not the original producer of copyrighted content does not have the right to use or distribute them without rightful permission. In Corelli v. Gray (1913) the jury found Gray to be on the wrong by using a published work by Corelli inappropriately.[24] The court terms the incident by Gray as plagiarism and set further directives under which published works may show resemblance. It emerged that works by different authors may show resemblance by mere chance or when both works are sources from a common source. Furthermore, court directed that two or more works by different creators may show resemblance when one creates their work based on the content of another person, or when in the context of a legal battle the plaintiff takes the work of a defendant or vice versa.[25] Nonetheless, the court directed that intelligent borrowing of ideas requires introduction of certain changes that should not be easily detected. The arrival at a decision in this case and the ultimate solving of the tussle is enough evidence that following copyright law presents a better chance to deal with copyright piracy phenomenon.
Another legal battle that affirms it is possible to address violations of IP using copyright law is Harman Pictures NV v Osborne (1967). The plaintiff in the case claimed ownership in the copyright in the regeneration of a film based on a book by the title “The Reason Why”. The defendant tries to defend himself terming all resemblance a case of marked similarity.[26] The court held that there was a copyright violation in the screenplay where the sameness in language was not significant but the selection of incidents was evidently the same.[27] However, the court acknowledged that it is not easy to precisely measure the amount of literary skill, judgement, labor, or knowledge that the composer of any published work should or can put on their creation in order to get protection (copyright) in it as enshrined in legislations that safeguard copyright holders.[28] Hence, the proof must be convincing that violation occurred to get justice, especially on the side of a copyright owner.
Conclusion
The study identifies the various regulations that protect intellectual property in the UK, in Europe, and internationally. The description of how such regulations are effective at the various levels affirm that applying copyright law in the most effective manner presents a better chance deal with various incidences of violation. Adherence to copyright laws at the national, regional, and international levels has helped to address various cases relating to violation of IP rights. Consequently, it is imperative to pay attention to existing laws and make relevant adjustments to make existing structures more effective in protecting copyright owners. The study reveals how courts while relying on copyright laws make decisions based on the issues before them. Such decisions that are based on copyright law affirms that the regulation can best address threats that many copyright owners face in the process of producing, using, and distributing their works.
Bibliography
‘A guide to intellectual property rights in the UK’ (Burges Salmon, 24 May 2021) < https://www.burges-salmon.com/news-and-insight/legal-updates/a-guide-to-intellectual-property-rights-in-the-uk > accessed 10 January 2022
Anthony Reese, ‘Innocent Infringement in U.S. Copyright Law: A History’ (2007) 30 CJLTA
Brian Frye, Christopher Ryan and Franklin Ryan, ‘An Empirical Study of Law Journal Copyright Practices’ (2016) 16 SSRNEJ 207
‘Convention on the Grant of European Patents (European Patent Convention)’ (Treaties, 5 October 1973) < https://treaties.un.org/Pages/showDetails.aspx?objid=08000002800fad30&clang=_en > accessed 10 January 2022
Corelli v. Gray [1913] 29 TLR 570
David Lange, ‘Lange, D., 1992, ‘At Play in the Fields of the Word: Copyright and the Construction of Authorship in the Post-Literate Millennium’ (1992) 55 LCP
‘Ethical, legal and environmental impact – CCEA’ (BBC, 2022) < https://www.bbc.co.uk/bitesize/guides/z8m36yc/revision/2 > accessed 10 January 2022
Gemma Trencher, ‘Intellectual Property Rights in UK Law’ (IPWatchdog, 7 March 2017), < https://www.ipwatchdog.com/2017/03/07/intellectual-property-rights-uk-law/id=79057/ > accessed 10 January 2022
Harman Pictures NV v Osborne [1967] 1 WLR 723
‘Harman Pictures N V v Osborne: ChD 1967’ (Swarb, 2019) < https://swarb.co.uk/harman-pictures-n-v-v-osborne-chd-1967/ > accessed 10 January 2022
‘Law and Practice: Detailed Information’ (Crown, 2022) < https://www.gov.uk/topic/intellectual-property/law-practice > accessed 10 January 2022
‘Limitations and Exceptions to Copyright and Neighbouring Rights in the Digital Environment: An International Library Perspective’ (IFLA, n.a.) < https://www.ifla.org/wp-content/uploads/2019/05/assets/clm/position_papers/ilp.pdf > accessed 10 January 2022
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Lydia Pallas, ‘‘Digitization, Commodification, Criminalization: The Evolution of Criminal Copyright Infringement and the Importance of the Willfulness Requirement’ (1999) 77 WULQ, 839
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Neil Netanel, ‘Copyright and a Democratic Civil Society’ (1996) YLJ 106
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Slawomir Czetwertynski, ‘Importance of Copyrights in Online Society’ (2017) 18 ME
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Different Levels of Development’ (2012) RP 41
[1] Raymond Ku and Shih Ray, ‘The Creative Destruction of Copyright: Napster and the New Economics of Digital Technology’ (2002) TUCLR 69
[2] David Lange, ‘Lange, D., 1992, ‘At Play in the Fields of the Word: Copyright and the Construction of Authorship in the Post-Literate Millennium’ (1992) 55 LCP, 146
[3] Thomas Eger and Marc Scheufen, ‘The Past and the Future of Copyright Law: Technological Change and beyond’ in De Mot (ed), Liber Amicorum Boudewijn Bouckaert (DK 2012), 41
[4] Brian Frye, Christopher Ryan and Franklin Ryan, ‘An Empirical Study of Law Journal Copyright Practices’ (2016) 16 SSRNEJ 207, 218
[5] Yee Kin, ‘Appropriate Intellectual Property Protection and Economic Growth in Countries at Different Levels of Development’ (2012) RP 41, 363
[6] Neil Netanel, ‘Copyright and a Democratic Civil Society’ (1996) YLJ 106, 286
[7] Mitchell Zimmerman ‘The Basics of Copyright Law’ (Fenwick, 2015) <https://assets.fenwick.com/legacy/FenwickDocuments/2015-03-17-Copyright-Basics.pdf> accessed 10 January 2022
[8] Lydia Pallas, ‘‘Digitization, Commodification, Criminalization: The Evolution of Criminal Copyright Infringement and the Importance of the Willfulness Requirement’ (1999) 77 WULQ, 839
[9] ‘Law and Practice: Detailed Information’ (Crown, 2022) <https://www.gov.uk/topic/intellectual-property/law-practice> accessed 10 January 2022
[10] Gemma Trencher, ‘Intellectual Property Rights in UK Law’ (IPWatchdog, 7 March 2017), <https://www.ipwatchdog.com/2017/03/07/intellectual-property-rights-uk-law/id=79057/> accessed 10 January 2022
[11] ‘A guide to intellectual property rights in the UK’ (Burges Salmon, 24 May 2021) < https://www.burges-salmon.com/news-and-insight/legal-updates/a-guide-to-intellectual-property-rights-in-the-uk> accessed 10 January 2022
[12] ‘Ethical, legal and environmental impact – CCEA’ (BBC, 2022) < https://www.bbc.co.uk/bitesize/guides/z8m36yc/revision/2> accessed 10 January 2022
[13] ‘The European Patent Convention’ (EPO, 2020) < https://www.epo.org/law-practice/legal-texts/epc.html> accessed 10 January 2022
[14] ‘Convention on the Grant of European Patents (European Patent Convention)’ (Treaties, 5 October 1973) <https://treaties.un.org/Pages/showDetails.aspx?objid=08000002800fad30&clang=_en> accessed 10 January 2022
[15] Ioana Vasiu and Lucian Vasiu, ‘Attributes of the Criminal Copyright Infringement Phenomenon’ 2020 <https://www.researchgate.net/publication/343079051_Attributes_of_the_Criminal_Copyright_Infringement_Phenomenon> accessed 10 January 2022
[16] Tana Pistorius and Odirachukwu Mwim, ‘The Impact of Digital Copyright Law and Policy on Access to Knowledge and Learning’ (2019) 10 JRASA, 5
[17] Anthony Reese, ‘Innocent Infringement in U.S. Copyright Law: A History’ (2007) 30 CJLTA, 138
[18] Ruth Okediji, The International Copyright System: Limitations, Exceptions and Public Interest Considerations for Developing Countries (ICTSD 2006), 17
[19] ‘United Kingdom – Country Commercial Guide’ (International Trade Administration, 2022) <https://www.trade.gov/country-commercial-guides/united-kingdom-protecting-intellectual-property> accessed 10 January 2022
[20] WIPO ‘WIPO National Seminar on Copyright, Related Rights, and Collective Management’ (WIPO, 2005) <https://www.wipo.int/edocs/mdocs/arab/en/wipo_cr_krt_05/wipo_cr_krt_05_10.pdf> accessed 10 January 2022
[21] Slawomir Czetwertynski, ‘Importance of Copyrights in Online Society’ (2017) 18 ME, 149
[22] Tony Millett ‘Copyright Guidelines for Research Students’ (Waikato, 2012) <https://www.waikato.ac.nz/__data/assets/pdf_file/0017/212165/CopyrightGuidelines_ResearchStudents_LCoNZ.pdf> accessed 10 January 2022
[23] ‘Limitations and Exceptions to Copyright and Neighbouring Rights in the Digital Environment: An International Library Perspective’ (IFLA, n.a.) <https://www.ifla.org/wp-content/uploads/2019/05/assets/clm/position_papers/ilp.pdf> accessed 10 January 2022
[24] Corelli v. Gray [1913] 29 TLR 570
[25] Ibid
[26] Harman Pictures NV v Osborne [1967] 1 WLR 723
[27] ‘Harman Pictures N V Osborne: ChD 1967’ (Swarb, 2019) <https://swarb.co.uk/harman-pictures-n-v-v-osborne-chd-1967/> accessed 10 January 2022
[28] ‘Harman Pictures N V Osborne: ChD 1967’ (Swarb, 2019) <https://swarb.co.uk/harman-pictures-n-v-v-osborne-chd-1967/> accessed 10 January 2022