Importance of Copyright Protection in the Modern World

This report critically examines the justifications for copyright protection and discusses whether the exclusive rights continue to serve a functional purpose in the modern world. It covers the importance of copyright protection, types of intellectual property rights, UK law on intellectual property, and recent amendments to the Intellectual Property Act 2014.

Intellectual property
law

Table of Contents
INTRODUCTION ..........................................................................................................................2
TASK ..............................................................................................................................................3
Critically examine the justifications for copyright protection and discuss whether the exclusive
rights continue to serve a functional purpose in the modern world. ..............................................3
CONCLUSION ..............................................................................................................................8
REFERENCES................................................................................................................................9

INTRODUCTION
Intellectual Property is development or creation of new inventions, work of literature,
artistic, images, designs and many more. A person who creates something new is considered the
sole creator and has absolute right over that creation or invention and such rights are called as
intellectual property rights. Intellectual rights permits the creator to impose conditions and
restriction with the view to establish complete control over the creation1. To govern modern
Intellectual property, the Intellectual Property Act 2014 was introduced with some important
reforms and changes with regard to present standards on UK intellectual property law. This Act
was introduced to modernise the Intellectual property law. This Act received royal assent in May
2014 and made enforce throughout the territory of United Kingdom on 1st October 2014. These
intellectual property rights are governed within the ambit of various legal jurisprudence. Lots of
paper work being executed to give legal protection to invention in the form of
patents ,copyrights, trademarks, design rights etc. This report will cover the importance
copyright protection and explanations will me made on the purpose of copy rights protection in
the modern world.
TASK
Critically examine the justifications for copyright protection and discuss
whether the exclusive rights continue to serve a functional purpose in the
modern world.
There are number of distinct justifications made in copyright discussion with the view to
grant protection to the creator towards creation or invention with an absolute right. Modern
copyright laws provides authors and creators to create a set of rights to protect the work of
inventors from getting exploited. There are many conventions being organised for for the
protection of intellectual property such as , the Paris Convention for the Protection of
Industrial Property(1883) and Berne Convention for the Protection of Literary and Artistic
Works( 1886). These conventions are the modern efforts to protect and prevent intellectual
property from being misused. At present, there are more than dozen of international treaties just
for intellectual property rights which are broadly managed and controlled by World Intellectual
1 Bently L, and Sherman B, Intellectual Property Law (Oxford University Press 2014)

Property Organisation (WIPO). These conventions makes clear that intellectual property rights
are very important in contemporary world where innovations and technology is at its peak. There
are many innovations and inventions being happening around the world. These rights are
essential because it gives value and recognition to the inventors and creators who have devoted
their precious time, money and energy in developing an idea into reality. Intellectual property
rights gives security and safety to the product and its process and creates a value2.
Intellectual property can be classified into two main categories:Copyright and related rights:
These rights give protection to actors, singers, artisans, musicians etc. These rights remain valid
up to 50 years or after the death of the inventor. Industrial property: Industrial property rights
pertains to protection of signs or logos, design especially trademarks. Other industrial property
which aims to protect and promote innovation, advance technology, design including product
design.
In context of United Kingdom, there is strong and dynamic legal system of intellectual
property rights because the UK is an active member of World Intellectual Property
Organisation(WIPO), there are other major intellectual property agreements to which UK is a
member, the Universal Copyright Convention , Patent Corporation Treaty and the Geneva
Phonograms Convention , following this, the UK has incorporated and rectified WIPO copyright
Treaty and WIPO Performance and Phonograms Treaty agreements in its law which are known
as internet conventions or treaties.
The information relating to UK law on Intellectual property is made available on its web
sites. An office for intellectual property is being constituted, wherein UK government officials
deployed to regulate and control intellectual property rights matter which includes, copyrights ,
designs and trademark. The UK government is responsible for taking needful actions to track and
seize counterfeit substance, goods and put stoppage on subsequent sale on such goods.
There is report called 301 which annually review intellectual property rights protection and
enforcement globally3.
There are generally two forms of protection system in United Kingdom which provide
protection to intellectual property rights which depends on the nature and type of creation of the
2 Viyvanko O, 'Essence And Legal Nature Of Restriction Of Rights Owner's Rights In
The System Of Copyright And Related Rights' (2021) 1 Aktual’ni problemi
pravoznavstva
3 Hartmann T, and Needham B, Planning By Law And Property Rights
Reconsidered (Ashgate 2012)

author. The first protection is Automatic protection, wherein it is not required to apply by the
creator for the right, rather the right is provided automatically with the invention of a good or a
product. The rights related to copyrights of art, music,web data, literature and design which
contains a shape are protected under automatic protection4.
Copyright refers to the rights given to the creators in order to save their creation relating
to literary or any artistic work. Copyrights ensures the protection of works like , paintings,
music, novels, research or a web content. Copy right does not grantees to protect the actual idea
of the creator but it enures the process and the way content or work created, it simply protects the
gist or the idea of the creator. In UK, there is no process for registering a copyright because, such
creation gets automatically recognised if certain conditions are met. For instance, a work is
written down or in recorded form. The Unite Kingdom has signed several treaties on copyrights
to protect creators from misusing their works. The signatory nation in a treaty allows protection
to their respective creators who hold copyrights over their work. For example, if a person holds
copyright protection beyond the territories of UK,such person under such treaties gets
automatically protected in the United Kingdom . Although , the copy right need not to be register
for availing protection, it does provide several benefits which includes official record relating to
copyright claim which can be used as prima facie evidence to maintain the legitimacy of
copyright. In order to register a copyright, an application form along with relevant fee is
required. The validity of copyright lasts for the till the authors dies. If a comparison made about
the procedure of registering a copy right, in context of UK it is not necessary to register a
copyright, whereas in US, it is mandatory to register a copyright. Both the nations concerns to
the idea of originality because the work or creation of a creator must be respected and adhere
whether , it is work of , literary, music or artistic. With this view and object, both the countries
are parties to Beijing Treaty of 2012, which aims to deal with content creators intellectual
property rights in the audiovisual public presentation..
The other type of protection wherein , the creator and inventor has to apply for
protection. It does not automatically protected with the creation of a product. In this, protection is
provided to the designs which are registered including trademark and patent. For a Trademark,
like logos, names including theme song or a tune designed for commercial purpose needs to be
4 Yoon W, 'Policy Implication Of Framework Act On Intellectual Property' (2011) 6 The
Journal of Intellectual Property

applied for protection. It must be registered and applied within the four months from the date of
its creation. Whereas, patents rights for products like , machines or tools can be applied within
the period of five years from the creation of such products. Secrecy must be maintained fro this
type of intellectual property and must disclosed the creation and its process in order to save the
creation from copying. To keep a creation secret a non-disclosure agreement can be used.
Following are the cases relating to intellectual property rights:
Actavis versus Eli Lilly ( 2017) , this case has altered the patent norms in UK right after its
verdict pronounced by the Supreme Court of the United Kingdom. In this case, the claim for
patent right was challenged, wherein a variant of Actavis which consist of pemetrexed
dipotassium which was directly conflicting with the Eli Lilley's variant having patent claims for
pemetrexed disodium. The court in this case held that, the subject of patent claim infringing the
patent claim5. Therefore, the rights coverage and protection of patents in United Kingdom shall
be extended.
The other case , Unwired Planet versus Huawei( 2017), in this, it was found by the
High Court of England and Wales that the patents owned by Unwired Planet were legit and
valid. The Huawei, on the other side has infringed the patent rights which were necessary for
3GPP telecommunication standard. However, the court held that the terms of licence were fair
and reasonable between the parties. It was the first time when the court in the world was deciding
on the global portfolio licence due to which only some patents were found to be legitimate. The
licence obtained by the Huawei was not as per the norms laid by the court which needs to be fair,
reasonable and non discriminatory( FRAND). The court in consequence with the case developed
injunction relief which is called as a FRAND injunction with the condition that it can be
discharged against Huawei in case if Huawei agrees to enter into an agreement of FRAND
licence with the Unwired planet with the liberty to both the parties that they can move to court in
relation to injunction at time when the licence term will end.
The Intellectual property Act 2014 governs the laws and rules relating to intellectual
property. This Act came into force on 1st October 2014 with the view to modernise United
Kingdom intellectual property law,Especially product design and patent law. It aims to provide
protection to businesses and their intellectual property rights within and beyond the territory of
5 Lloyd I, 'UK: New Directions In UK Copyright Law' (2013) 14 Computer Law Review
International

United Kingdom. This Act provides exclusive rights of intellectual property, these rights relating
to registration of product , research programmes, manufacture, development.
There are mainly five types of intellectual property rights in UK namely, Patents, Trade marks
including both register and unregistered, copyright, product design registered and unregistered ,
copyright and trade secrets. In order to launch a business in UK , a person must must consider
the intellectual property rights. It is essential to consider that from the end of the Brexit transition
period on 31st December 2020, European Union is not obliged to give protection in UK
because , the UK is no longer remain the part of any EU regime. This has resulted into certain
implications for the UK trade mark, copyright, patents, design registered and unregistered6.
To make Intellectual Property Act 2014 more simpler, clearer and robust in a modern
world , relevant amendments have been made which affects the businesses listed by the
Intellectual Property Office. A new criminal offence has been introduced for the act of copying
registered designs. As per the Registered Design Act 1949, new sections has been added which
falls from section 35ZA to C, according to these sections whoever, in the course of business
intentionally copy a registered design with the object to make an identical product shall be liable
under these sections. Further, an amendment includes , where a business commissions design
from third party, then the designer will have the right to own such design rights against the
business unless there is no contract made for re-assigning the rights. Where a design is not
registered and a person is accused for using unregistered designs only for private for
experimental purpose , teaching or for personal learning. In such cases such person shall be
given a chance to defence against such accusation7.
There is a further scope for unregistered design, wherein, the owner has the liberty and
exclusive right to re-structure the design in order to use it for commercial purpose. There is a
New Design Opinions Service, which enables new business persons or small startups to give a
relevant information about the use of design rights to avoid infringement of others rights.
There are other amendments relating to Intellectual Property Paten Rights, The Intellectual
Property Act 2014, in order to simplify the complexities and to make it more cost effective and
easier for the patent holder and third party to use and defend patents fundamental changes have
6 Болотіна А, 'CRIMINAL AND LEGAL PROTECTION OF THE RIGHTS OF
INTELLECTUAL PROPERTY FOR MEDICINES: PROBLEMS OF JUDICIAL
PROTECTION' (2019) 0 Theory and Practice of Intellectual Property
7 Fenwick T, and Locks I, Copyright In The Digital Age (Wildy, Simmonds & Hill Pub,
on behalf of the Worshipful Company of Stationers and Newspaper Makers 2010)

been made for the businesses listed in intellectual property office. The patent holder shall be
given the protection if their patented product is marked with the web address which keeps the
relevant information about the product with patent number and a patent holder is protected
against any infringement. Further, it has expanded the patent opinion services , which provides
patent holder wide access to take opinion on patent disputes. It also includes, patent work sharing
in which the intellectual property office send unpublished patent application to other state or
their regional patent office. The intellectual Property Act 2014, with some amendments had
simplified the design protection for many design sector organisation by making intellectual
property system transparent and accessible to United Kingdom businesses including small and
medium scale businesses8.
There are other recommendation and suggestions outlined on Intellectual Property law
and its growth to remove complex and restrictive Intellectual property law. Such as, the UK
must maintain to attain its Global Intellectual Property interests and follow its priorities to
achieve unified European Union Patent system including the courts. The UK should initiate cross
border copyright licensing within the legal framework. The most important step the Intellectual
Property Office should take is to assess the relationship between design rights and new
innovation, with the objective to establish a base for examining the policy at both level domestic
and European. The UK government has the important role to play in policy making relating to
intellectual property and pursue an integrated measure for intellectual property rights for
enforcement of laws. There are many new small enterprise and medium scale business who seek
relevant information and process for their business relating to intellectual property rights.
Therefore, an effective accessibility of the IP system to these small and medium must be ensure9.
CONCLUSION
From the above report, it is evident to conclude that intellectual property is essential for
ensuring protection to the products and creations of a creator. Intellectual property pertains to
8 'UK: Blocking Pirate Websites For Third Party Copyright Infringement' (2022) 23
Computer Law Review International
9 Maisto G, Taxation Of Intellectual Property Under Domestic Law, EU Law And Tax
Treaties (IBFD 2018)

literary works, product design, symbols, paintings, music and many more. To ensure the
protection of new creation, intellectual property rights are created. These rights have the legal
effects, these rights are granted to individuals towards their intellectual inventions and creations.
These rights helps in stopping the people from stealing or copying the work of others. Such as,
copying the name of the product, copying design , or any written content etc. are the criminal act
under the intellectual property protection law. Intellectual property includes, patents, design,
trademarks, and copyright. There is a law made on intellectual property which is known as the
intellectual property Act 2014. this report has covered all the relevant information and extract
relating to intellectual property rights. In this report, the importance and the application of
intellectual property right and how they protect intellectual property in the modern world. This
file has been completed around 2470 words.

REFERENCES
Books and Journals
Bently L, and Sherman B, Intellectual Property Law (Oxford University Press 2014)
Viyvanko O, 'Essence And Legal Nature Of Restriction Of Rights Owner's Rights In The System
Of Copyright And Related Rights' (2021) 1 Aktual’ni problemi pravoznavstva
Hartmann T, and Needham B, Planning By Law And Property Rights Reconsidered (Ashgate
2012)
Yoon W, 'Policy Implication Of Framework Act On Intellectual Property' (2011) 6 The Journal
of Intellectual Property
Lloyd I, 'UK: New Directions In UK Copyright Law' (2013) 14 Computer Law Review
International
Болотіна А, 'CRIMINAL AND LEGAL PROTECTION OF THE RIGHTS OF
INTELLECTUAL PROPERTY FOR MEDICINES: PROBLEMS OF JUDICIAL
PROTECTION' (2019) 0 Theory and Practice of Intellectual Property
Fenwick T, and Locks I, Copyright In The Digital Age (Wildy, Simmonds & Hill Pub, on behalf
of the Worshipful Company of Stationers and Newspaper Makers 2010)
'UK: Blocking Pirate Websites For Third Party Copyright Infringement' (2022) 23 Computer
Law Review International
Maisto G, Taxation Of Intellectual Property Under Domestic Law, EU Law And Tax
Treaties (IBFD 2018)