The UK Intellectual Property Act, 2014 Assignment
Added on - Sep 2019
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Intellectual Property LawIssueAnthony Wood is in agreement with YouTube, in which he has been uploading videos of himselfplaying particular video games. In these videos, he effectively explains and demonstrates toviewers as to how to overcome the difficult parts of the popular video games. As the viewers likethem, Anthony earns by sharing the revenue with YouTube from advertising that YouTubedisplays during his videos. However, YouTube changed its policies and as a result the videogame players have boycotted the site. Now, a group of anonymous people is illegally uploadingAnthony’s videos in their website ‘gamerwalkthroughs.com’. This group is also encouraging theviewers who have boycotted YouTube to watch Anthony’s videos in their website, which isregistered and hosted in USA. Also, a British website, ‘britgamer.com’ is displaying links togamerwalkthroughs.com in its web page, including ones with direct links to copies of Anthony'svideos.Rules1)Intellectual Property right laws12)Copyright law and enforcementApplicationAnthony Wood have the options of availing a few remedies regarding his video content inYouTube. There are laws already in place for the infringement of intellectual property rights aswell as enforcement of laws in copyright issues.The UK Intellectual Property Act, 20142defines intellectual property as something unique thatany person physically creates. It includes anything from original plays, to inventions andcompany logos. The main purpose of intellectual property law is to safeguard peoples’ interestsin creating new technologies, artistic expressions as well as promoting economic growth. Whichis why, when individuals are ensured that their creative works are well protected, then they willbe encouraged to continue creating things. So, it will help in creating jobs, developing newtechnology, making the society progressive and bringing about changes around us. IPR includesthe following terms:i.Names of products or brandsii.Inventionsiii.Design and look of the productsiv.Writings, music, films and other artistic works.1Yvonne Jewkes and Majid Yar, Handbook Of Internet Crime (Willan Pub 2010).2'Intellectual Property Act 2014' (Legislation.gov.uk)<http://www.legislation.gov.uk/ukpga/2014/18/contents/enacted> accessed 17 October 2016.
Intellectual property crime and infringementThe infringement of trademarks and copyrights is generally considered as a criminal offence andcan be brought under civil law. In this regard, there are certain relevant provisions such as UKFraud Act 2006. It is applicable three terms – fraud by false representation, failing to discloseinformation and fraud by abuse of power. The Act basically amends certain Sections of TheftAct 1968 and 1978 as:i.Gaining property by deception (Sec 15)ii.Money transfer by deception (Sec 15A)iii.Gaining pecuniary advantage by deception (Sec 16)iv.Obtaining a valuable security by deception (Sec 20(2))v.Getting services by deception (Sec 1)vi.Evasion of liability by deception (Sec 2)The offences fall under the category of intellectual property are called IP crime or counterfeitingand piracy3. Counterfeiting includes manufacturing, distribution and sale of products that falselyrepresent the trade mark of an original brand without taking any permission regarding gain orloss to the original owner. Piracy covers the acts of copying, distribution and importation ofproducts. Its purpose may also be to inflict financial harm or bring disrepute to the originalbrand. It is therefore, a criminal offence under section 107 (1)(c) of the Copyright, Designs andPatents Act 1988.If a person or group of persons or an organization is found to have committed an IP crime, thenthey are liable to a potential fine of up to£ 50,000 and also a provision of custodial sentence upto 10 years. Counterfeiting and piracy can negatively impact a business or personal security andreputation and threaten the long term earnings.In the present case scenario, a British website, ‘britgamer.com’ is somehow involved in theinfringement of intellectual property. Therefore, in this condition, Sec 15 of UK IntellectualProperty Act 2014 will be applicable.Also, in this regard, in UK an Act was passed in 2010 known as THE UK DIGITALECONOMY ACT 2010 (UK DEA)4. According to this Act, the UK DEA is responsible forregulating and monitoring the digital content in the United Kingdom. The UK DEA has beengiven the authority to empower government for limiting, suspending and terminating internetservice of those who involve in the copyright and intellectual property right infringement. Thewatchdog also requires ISPs/OSPs to send notifications to the copyright owners regardingpotential infringements. While, in the US, it is the copyright holder who has to notify theISP/OSP about an alleged infringement. Therefore, the people who are doing business in UKshould also need to understand as to how the UK DEA may impact their plans regarding socialmedia implementation as well as internet content compliance.3Yvonne Jewkes and Majid Yar, Handbook Of Internet Crime (Willan Pub 2010).4Patrick McKeown, 'The Digital Economy Act 2010: Why The UK's Graduated Response System To Counter OnlineCopyright Infringement Should Be Repealed' SSRN Electronic Journal.
As the present case incident encompasses two countries UK (whose Anthony is a native of) andUnited States (where gamerwalkthroughs.com is registered and hosted). So, we need tounderstand will international intellectual property law be helpful in this case. So, it is basically abody of intersecting multilateral and bilateral agreements and their resulting inclusion of nationallaws. It is one of the most litigated area, especially for patent, copyright and trademark issues.For quite some time now, there have been strong desires on the part of different stakeholders toprotect their domain names, databases, software and videos from misuse. So, some of theinternational forums and institutions that can be helpful in addressing intellectual property issuesare – World Intellectual Property Organization (WIPO) and World Trade Organization (WTO)among other bodies.The UK Copyright, Designs and Patents Act, 19885According to this Act:1)The High Courts will have the power to order a directive against a service provider whenit has a knowledge of other person using its service for the purpose of infringing thecopyright.2)The Courts have the right to take into consideration all the matters that appear relevantregarding the particular circumstances in order to determine whether the service providerpossesses the knowledge mentioned in sec (1). The Courts will have to regard:a)Whether the service provider has received a notice as per Regulation 6(1)(c)ECR Act 2002.b)The extent of the notice cover-i.Full name and address of the sender of the notice;ii.Details of the infringement in question.3)The service provider shall be defined by Regulation 2 of the Electronic Commerce (ECDirective) Regulations 2002.In UK, there are number of works that qualify for copyright protection under the CDPA in orderto receive copyright protection6. The work, as per the law, must be original. That is, originatedfrom the creator and required to be created independently and not copied or stolen fromanother’s work. It is important to note that the purpose of copyright is to protect the expressionof ideas but ideas themselves, albeit protected with confidentiality. It is only limited in protectingagainst the copying of another’s original work rather than providing protection againstindependent possession of the same ideas.The following types of are provided protection under UK Copyright Law:1)Literary, drama, musical and artistic works.2)Typographical representation of published editions.3)Sound recordings, films and other broadcasts.4)Computer programs5'Copyright, Designs And Patents Act 1988' (Legislation.gov.uk)<http://www.legislation.gov.uk/ukpga/1988/48/contents> accessed 17 October 2016.6Vivien Irish, 'The Copyright, Designs And Patents Act 1988' (1988) 34 IEE Review.