Reference no: EM132257414

Individual Assignment

The individual assignment for this course consists of a legal research paper on a specific topic in either patent law, copyright law or trademark law. Choose one of the topics listed below. Ensure that you engage in preliminary reading and research before choosing your topic.

After choosing your topic, please come to my office for approval and to discuss the outline of your paper. Ensure that you conduct proper research (no Wikipedia). Your paper should be a maximum of ten pages and a minimum 8 pages (excluding table of authorities, footnotes and bibliography).

Legal Research Topics

1.) In order for any invention to be patentable (i.e. merit a property right through patent certificate) it must meet the requirements of novelty and inventive step, as laid out in the TRIPS agreement and in national patent laws, applicable to the domicile of the inventor. Analyse and discuss the challenges to meeting these criteria for inventors working with genetic material.

2.) A patent is a temporary and territorially limited right, granted by the state to the patentee to exclusively exploit, license or exclude third parties in relation to a specified invention. The claimed invention must be sufficiently disclosed to allow ‘a person skilled in the art' to replicate it. Analyse the importance of disclosure in the patent specification to the integrity of the patent law system.

3.) Copyright law covers property rights in creative subject matter such as music, literature, art and computer software. Copyright owners receive royalties when third parties use their works for commercial purposes. Analyse and discuss the legal provisions and institutions which allow copyright owners to be remunerated for use of their works.

4.) Under the TRIPS Agreement (1994) the standard term of protection for copyright is the duration of the life of the author, plus an additional 70 years. Historically the term of protection for copyright has varied in different countries. Analyse and discuss the legal impact of the extension of copyright terms in relation to the public domain.

5.) As property rights under the law, it is possible for trademarks to be subject acts tantamount to expropriation. However, as intellectual property rights trademarks are subject to specific limitations on the right to use. Analyse and discuss "the right of exclusive use" of trademarks in relation to expropriatory governmental acts.