Law Essay-知识产权 Intellectual Property Rights
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论文字数:2000论文编号:org201706121348304067语种:英语 English地区:英国价格:免费论文
关键词:知识产权法Intellectual Property Rightsessay范文
摘要:本文是留学生Law Essay范文,主要内容是讲述Intellectual Property Rights知识产权的具体定义和相关内容。
知识产权有助于任何企业的价值。保护一个企业或个人的想法、发明和原始过程的能力,被认为是许多机构必不可少的,特别是那些依靠创新思想和产品作为其独特卖点的机构。
知识产权涉及广泛的情况和产品,但最常见的权利是设计、版权、专利和商标。这些知识产权中的每一项都旨在保护不同的发明领域。版权保护艺术品或音乐等作品;设计保护产品的外观;商标保护交易者与竞争者分离的方式;专利保护产品在技术上构成和功能的方法。
这一后一类知识产权可能对申请保护和试图实施现有权利的人造成相当大的困难。技术和相关功能不断变化,经常被调整或修改以满足新的需求。什么时候这成为从原来的技术专利和独特的?这个要求在某种程度上具有创新性是许多争论的主题。确定时,额外的步骤,结果在一个新的保护技术项目是确保正确的项目提供保护的关键。法院在有关问题的决定是否专利应该保护,在攻击的有效性,应该是成功的。多年来,各种测试已经由法院转发;然而,在关系到创造性和新颖性和发明的概念一致性已被证明是特别麻烦,往往在法院诉讼中激烈的辩论。
Intellectual property can be instrumental to the value of any business. The ability to protect a business or an individual's ideas, inventions and original processes is something that is considered essential to many establishments, particularly those that rely on innovative ideas and products as their unique selling point.
Intellectual property rights span a wide range of situations and products, although the most common rights are designs, copyright, patents and trade marks. Each of these intellectual property rights aims to protect a different area of invention. Copyright protects works such as art or music; design protects the physical appearance of a product; trade marks protect the way in which a trader separates himself from his competitors; and patents protect the method by which a product is technically made up and functions.
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This latter category of intellectual property right can cause considerable difficulty to those applying for protection and those attempting to enforce existing rights. Technology and the associated functions are changing constantly and often being tweaked or altered to meet a new requirement. At what point does this become patentable and distinct from the original technology? This requirement to be innovative in some way is the subject of much debate. Determining when that extra step results in a new protectable technological item is the key to ensuring that the correct items are offered protection. Courts have grappled with the relevant issues in determining whether or not a patent should be protected and when an attack on validity should be successful. Throughout the years, various tests have been forwarded by the courts; however, consistency in relation to obviousness and the concept of novelty and invention have proved particularly troublesome and are often hotly debated in court proceedings.
Elements of Patent Law 专利权法原理
Before determining the way in which the courts deal with the issues surrounding obviousness and novelty, it is first important to gain an understanding of what must be established in order to establish a valid patent, successfully.
The basic definition of what is patentable is contained in Section 1(1) of the Patent Act 1977 (the 'Act'). This Act states that in order to be patentable the invention must be new, must involve an inventive step and be capable of industrial application. The Act then goes on to consider each of these requirements, in more detail.
Section 2 deals with the requirement that the invention is new. This requirement is commonly referred to as the 'novelty' requirement. Section 2(1) states that for an invention to be novel or new it must not form 'part of the state of the art'. Section 2(2) goes on to consider what 'state of the art' actually encompasses. It defines state of the art as any matter (i.e. product, process, etc. ) that has previously b
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