3)Passing off and trademark can / cannot protect a business reputation.
It is an important / unimportant feature or has / has no important bearing in businesses’ marketing efforts.(By Aloysius)
Trademark
Trademark is a sign, or a mark, that is used to give your own company or business your own identity. Hence, trademark is able to allow others to clearly distinguish your company from others which may have similar goods or shares. Trademark is also able to restrict others to use your company’s brand or mark. A trademark can be represented in the form of many different elements such as names, words, labels and signature et cetera. Trademarks may be unable to be registered due to the content of the mark such as it being offensive or immoral, or if it contains descriptive words, or if it is generally similar to well-known marks. In Singapore, registration of trademark is not compulsory. An unregistered trademark usually is represented with a ® while a registered trademark is usually represented with a ™ . If your trademark is registered, your company would be able to receive statutory monopoly for your mark, your company would be able to receive protection from the Government to avoid infringement or violation of your company. Furthermore, a registered trademark adds value to your business as you are able to protect your business, sell your shares to third parties and even increase the value of an ownership interest in your business to develop your business.
Once you have registered your trademark, your trademark would be valid for 10 years and have to be renewed to receive an indefinite protection of your mark. In the event of your mark being infringed or violated, you are able to seek damages or profits from the company who impose...
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...rty rights so that one would not have to take actions against infringers which is time consuming and expensive as well.
8)Conclusion(By Esmond)
Basically in conclusion, the purpose of intellectual property law motivate new technologies, artistic expressions and inventions while promoting economic growth. Firstly, when one tries to steal and misuse your work, their moral issue is at concern. Secondly, it is immorally wrong that one just copy and use your work for their own benefits. Thirdly, it is to protect business growth. Lastly, it important that you take action to protect the intellectual property which you have as it will be a waste of effort if your ideas get into the wrong hands. The result of this could be that it could led to you losing your whole assets entirely. Therefore, it is important to have your intellectual property material to be kept secured.
(i) Foster creativity and innovation, promote trade in goods and services that are the subject of intellectual property rights.
and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right
Passing off is not confined to that resulting from the use of registered trade marks. While the TMA 1994 protects trade marks as property immediately upon registration, the law of passing off is said to protect as property the trade goodwill that develops in the market place. Although, passing off does not confer monopoly rights, passing off and trade mark law deal with overlapping factual situations, although, s 2(2) of the TMA 1994 s 2(2) maintains passing off as a separate cause of action. Passing off seeks to protect not the claimant’s sign as such but the claimant’s customer connection or "goodwill" built up around that sign or the claimant’s business. According to Alice Blythe, “Passing off seeks to protect business goodwill, which is the trading reputation of the economic undertaking proclaimed by the sign. The business goodwill proclaimed by the sign will be perceived by consumers in a very similar way to which Laddie J described for trademarks.” This a strong similarity to trade mark
piracy issues over the Internet would cost record companies more money than what they are
According to chapter 28 Liuzzo, states that a trademark, is "any word, name, symbol, or
Mainly based on case-by-case basis, prior to 1995, the court held that the importer was not using the trademark as a trademark and therefore could not be infringing the trademark. For instance, Atari Inc v Fairstar Electronics Pty Ltd (1982) 1 IPR 291; R A & A Bailey & Co Ltd v Boccaccio Pty Ltd (1986) 6 IPR 279; Delphic Wholesalers Pty Ltd v Elco Food Co Pty Ltd (1987) 8 IPR 545. There was a separation between the owner of the registered Australian trade mark and the company that actually produced the goods, the outcome for the parallel importer was one of only two cases where the parallel importer was found to be infringing or likely to be infringing the registered trade mark. The difference between the legal identity of a trademark and its physical identity in the approach taken in the Fender Australia Pty Ltd v Bevk case was rejected after the passing off of the 1995 legislation.
Intellectual Property Law used to only protect art, music, and literature, but because of technological development, Intellectual Property Law now also protects a greater variety of innovations including designs, inventions, symbols, discoveries, and words. The phrase “intellectual property” was first known to be used in the late 1700’s; however, it was not widely talked about, nor was the Intellectual Property Law in actuality commonly implemented. Intellectual Property Rights slowly gained more attention by mid-1800’s after the Industrial Revolution had taken place: more companies were created, competition between corporations became fiercer, and owning unique innovations were crucial to winning the competition. However, as Intellectual Property
Intellectual property abounds in our society, it is the direct result of the expression of an idea or other intangible material (Zuber, 2014). Our laws provide rights which are specific to the owner of the intellectual property. Furthermore, intellectual property is protected by laws just like tangible property is protected (Lau & Johnson, 2014). The most widely known forms of intellectual property rights include: trade secrets for confidential information, patents for a process/invention, copyrights for creative items and trademarks for brands (Lau & Johnson, 2014). While these rights may appear very defined, there are times when questions
Such an argument would take a form in expansion of current exemptions in the use of copyright material, namely fair use in the United States (US) and fair dealing in the United Kingdom (UK) and Australia. They both deal with the protection of copyrighted material use in different ways. The recommendation by the Australian Law reform attempts to reconcile their differences by combining both, providing more exemptions. This essay will explore the importance of having exemptions to copyright, contrast both fair dealing and fair use defences and how both serves to protect expression. Additionally, the essay will explore how the recommendations will serve, are are necessary, to improve free speech rights to users in this current epoch.
The World Intellectual Property Organization, Intellectual property is the ‘products of the mind: inventions, literary and artistic works, any symbols, names, images, and designs used in commerce’. Intellectual Properties such as Patents, designs, trademarks and copyrights are protected by laws. The US government offers different types of protection for these properties. The Lanham Act (15 U.S.C.A. Section 1051 et seq., also known as the Trademark Act of 1946, provides protection for trademarks. A trademark is defined as a name, word, symbol, or device or any combination thereof, adopted and used by a manufacturer or merchant to identify its goods and distinguish them from those manufactured and sold by others.
Intellectual property is property resulting from intellectual, creative processes. A product that was created because of someone’s individual thought process. Examples includes books, designs, music, art work, and computer files. (Miller R. J., 2011, p. 114) In the music industry a copyright is an important tool for artist to use to protect themselves from infringers. A copyright is the exclusive right of an author or originator of a literary or artistic production to publish, print, or sell that production for a statutory period of time. A copyright has the same monopolistic nature as a patent or trademark, but it differs in that it applies exclusively to works of art, literature, and other works of authorship (including computer programs). (Miller R. J., 2011, p. 125)
There are many reason that why is it important to protect one’s intellectual property. Some of the reason are Creator being accused as a theft, Loss of Reputation, Loss of income, Loss of Asset and Loss of Authority Rights.
People move away from their extended families, and traditions can fade, which is why it is important to have a trademark that easily identifies your ...
However, in recent years, it is not uncommon to see copyright in the possession of a third party other than the creator. These companies make use of copyright as an investment and financial tools to gain profit. In this case, the use of copyright loses its original purpose of protecting the creator, but used as a mean for financial gain. This could possibly hinder creativity as innovation becomes a financial tool catered to the tastes of the general public, while the less marketable new ideas goes unnoticed by the general public under the copyright laws. It is crucial to note that online platforms such as blogs, Facebook and Youtube, and people making their music/works available online for free shows the rapid surge in the number of people willing to sacrifice their copyrights to market themselves to the world. In this highly saturated market, copyright laws can become less relevant as marketing and business is placed on higher
Patents claims focus of the mechanism, principles and components surrounding those ideas. Patents are the strongest of the law to protect the intellectual property. Patent law is based on a very strict liability standard, making a business owner’s strongest option for intellectual property protection. Patents often make use of reverse engineering. Through reverse engineering, they see if patented inventions are in used by another company. Patents have an expiration date; the design patent protect design, shape, configuration and appearance of any invention for 14 years, and utility patents that protect functional makeover and new invention last for 20