Discuss the Advantages and Disadvantages of Low Requirements - Law Assignment Help

Assignment Task:

Task:

Answer any TWO of the following ten questions.

1. Copyright protection requires works to show originality; for patents inventions must be non- obvious or involve an inventive step; and for trademark protection signs must be distinctive. However, national laws may differ in terms of how strictly these requirements are applied.
Critically discuss the advantages and disadvantages of low requirements for intellectual property protection for promoting (a) innovation, (b) creativity, and (c) competition. In your answer you should discuss at least two intellectual property rights (i.e. copyright, patents, or trademarks.

2. “The law does not, therefore, judge works: it weighs neither their merit, nor their importance; it protects them all, blindly; short or long, good or bad, useful or dangerous, fruit of genius or of the mind, simple product of labour or patience, every literary or artistic work is admitted and may benefit from the provisions of the law.” (Pouillet, 1894) How far would you agree that such a stance: (a) reflects how copyright law actually functions; and (b) constitutes sound policy with respect to copyright law? In your answer you should critically discuss statutory and case law of at least one jurisdiction such as the United States.

3. Whether the invention is a different coffee lid or a brand new life-saving drug for a disease previously incurable, patent law treats them equally with the same level of protection.

How far would you agree that a properly functioning patent system requires such non- discrimination in terms of (a) field of technology and (b) social utility in order to function properly? Or should patent law treat certain types of invention with more favor than others?

4. The United States patent system has no statutory subject matter exclusions but provides certain court-crafted ones. The European system lists things that are not inventions.

How far would you agree that these exclusions are not necessary, and that the novelty, non- obviousness and utility or industrial applicability requirements are sufficient for a well- functioning patent system? Do you consider the US approach to be more effective than the European one, or vice versa? Justify your opinion.

5. In what ways have has the scope of trademark subject matter expanded over time? How far would you agree that this evolution is beneficial to the public?

6. In what ways have the functions of trademarks increased over time? How far would you agree that this evolution is beneficial to the public?

7. “The functions of geographical indications can be adequately performed by trademarks.
Therefore geographical indications as a separate intellectual property right are not necessary.”

This  Law Assignment has been solved by our Law experts at My Uni Paper. Our Assignment Writing Experts are efficient to provide a fresh solution to this question. We are serving more than 10000+ Students in Australia, UK & US by helping them to score HD in their academics. Our Experts are well trained to follow all marking rubrics & referencing style.

Be it a used or new solution, the quality of the work submitted by our assignment experts remains unhampered. You may continue to expect the same or even better quality with the used and new assignment solution files respectively. There’s one thing to be noticed that you could choose one between the two and acquire an HD either way. You could choose a new assignment solution file to get yourself an exclusive, plagiarism (with free Turnitin file), expert quality assignment or order an old solution file that was considered worthy of the highest distinction.