QLLM340 - Global Intellectual Property Law - Fundamental Principles - Law Essay Writing Assessment Answer

Assessment Task:

QLLM340: Global Intellectual Property Law Assessment Answer

Essay questions Semester A – 2018

Choose one topic from the following list. Each essay is a maximum of 5,000 words long including footnotes, bibliography, annexes, etc. You can use any standard referencing system (see journals for examples) you like. The important thing is to justify each point you make by giving one or more references (again, see academic journals for examples). If you wish to examine one or two aspects of your chosen topic in depth that is fine, provided

(a) you make it clear that you are aware of the other issues involved, and

(b) justify why your chosen focus answers the title.

When submitting your essays, please submit in .pdf format. Please put the essay title at the top – this saves us guessing which title you have chosen (and often this is not obvious).

1. Critically discuss the advantages and disadvantages of low requirements for intellectual property protection for promoting innovation/creativity/competition. In your answer you should discuss at least two intellectual property rights (e.g. copyright, patents, trademarks, designs, etc.)

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 copyright policy?

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

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

This opinion is quite common in the United States but less so in Europe. How far do you agree with this statement?

5. Whether the invention is a different coffee lid or a brand new life-saving drug, patent law provides an equal 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 favour than others?

6. ‘We would add that we are not sure that the determination of the precise sequence of a piece of DNA is fairly to be regarded as a mere “discovery” in any event. Columbus “discovered” America, but those who in due course mapped it would not normally be said to have “discovered” the detail they put on their maps.’ (Jacob LJ - Aerotel Ltd v Telco Holding Ltd and others, and Neal William Macrossan’s application [2006] EWCA 1371 (Civ)).

The above quote suggests away the law might distinguish between something merely discovered, and an invention of natural origin that nonetheless can be claimed under the patent system. On the basis of the relevant statutory and case law, to what extent does patent law in Europe and the United States make a logical and reasonable distinction between an unpatentable discovery and a patentable invention in the field of biotechnology?

7. “Plant variety protection serves no useful purpose. If a plant-related innovation cannot be protected by a patent, it should not be protected at all.”

8. “In general, systems built around the author paradigm tend to obscure or undervalue the importance of ‘the public domain’, the intellectual and cultural commons from which future works will be constructed. Each intellectual property right, in effect, fences off some portion of the public domain, making it unavailable to future creators.” Discuss this statement in relation to ANY intellectual property right.

9. “The WIPO Development Agenda has started a debate on whether intellectual property rights are an exception to the public domain. Indeed, the creation and maintenance of a “robust public domain” is vital as it provides the building blocks necessary to spark innovation and creativity.” Discuss this statement critically, indicating whether you would agree with this statement.

10. Write a critical commentary on any WTO dispute panel report concerning intellectual property.

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