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Fair Dealing in Intellectual Property Law

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Added on  2020-10-05

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Intellectual Property Law Exam TABLE OF CONTENTS INTRODUCTION: 1 SECTION A1 Question 1 1 SECTION B4 1) Critically analyse the concept of fair dealing as a permitted act under the Copyright Designs and Patents Act 1988. This report will throw light on the concept of fair dealing as a permitted act under the Copyright Designs and Patents Act 1988. Robinsons have registered trade mark that helps in distinguishing product from competitors. Davies can also take legal action against other companies who are already aware of their trade mark

Fair Dealing in Intellectual Property Law

   Added on 2020-10-05

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Intellectual PropertyLaw Exam
Fair Dealing in Intellectual Property Law_1
TABLE OF CONTENTSINTRODUCTION:..........................................................................................................................1SECTION A.....................................................................................................................................1Question 1...................................................................................................................................1SECTION B.....................................................................................................................................41) Critically analyse the concept of fair dealing as a permitted act under the CopyrightDesigns and Patents Act 1988.....................................................................................................4CONCLUSION: ..............................................................................................................................7REFERENCES:...............................................................................................................................9
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INTRODUCTION:Every business produces unique product and service that is provided to people. Theseproducts and service have unique feature or characteristics that helps in distinguishing them fromone another. Also, there are some process or methods that is used by business. Therefore, it isnecessary for business to register those feature or process (Buccafusco and Fromer, 2017).These are known as intellectual property rights. It includes patents, copyrights, etc. it isimportant to protect IP so that other business may not use it for their benefit. For this there arevarious international laws and regulation for protecting IP rights. It restricts other business toproduce similar product or method. Also, it gives license to produce specific product or service.The purpose of IP is it set business apart from competitors. This report will throw light on theconcept of fair dealing as a permitted act under the Copyright Designs and Patents Act 1988.SECTION AQuestion 1IP includes trade mark that helps in distinguishing product from competitors. A trademark is a sign, name or symbol that represents a company product or service. Basically, trademark are used to give a unique identify to a product (Yanisky-Ravid and Kwan, 2016). Thishelps in creating a distinct image in the mind of people. A trade mark is always registered underIP act. It restricts other company to give similar name or identify to product. There are variouscases occurred in which company have used IP rights in unauthorised way. This has lead tomajor conflicts among them. It can be analysed that generally those companies are targeted whoare medium size and is does not have enough tools to protect their IP rights. Thus, in order torestrict unauthorised use there are several rules and regulations that has been imposed. Also, incase of violation of these penalties and fines are imposed. It ensures that organisation has to pay
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a specific amount. Besides this, there are certain restriction which are imposed on business. Thiswill help in settings standards and making changes in them accordingly. In context to case study bikes 4 U was producing hybrid bicycles. The company ownerwas selling bikes in buckwyc four years ago (Biagioli, Jaszi and Woodmansee, 2015). Theowner of company Davies started producing products name as fellara hybrid bike. It wasregistered as a trade mark four years ago. After sometime it was found by Davies that anothercompetitor is selling hybrid bike with name as ballera that was not registered. This means thatthere is unauthorised use of trade mark of firm. It will lead to creating a negative image aboutDavies company in the market. In this case Davies is having the right to claim against thecompetitor. It is because Davies has already registered their product trade mark under the nameof fellara. Davies can file a case in court or take other legal action. He is also having proof oftrade mark. Thus, by taking legal action against competitor Davies will be able to again gainmarket share by selling their hybrid bike. Taking legal action against rival will restrict them tosell bike by name of ballera. Also, it will make aware other companies about this trade mark.The second case study is related to razor sole company that is registered trade mark ofchildren skate boards (Lemley and Feldman, 2016). This company is owned by Robinsons. It isa MNC who is selling skate board since 1980 all over the world by name of razor sole. It wasdiscovered by Robinsons that another company is using razor sole name in selling of productslike men's shaver. This is also a case of unauthorised use of trade mark. They can also take legalaction against the firm. Robinsons have already registered their trade mark under the name ofrazor sole, so they are having proof of IP right registered. As discussed above, it will helpRobinson to claim against this. By claiming, it will help Robinsons will be able to gain market
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