2.0.1 What are copyrights Copyrights are part of the intellectual property rights. Thus the law related to copyrights are governed by the wider body of law referred to as Intellectual Property Law. The rights attached to a traditional property are easily understood. They are in fact natural rights. If someone owns a property he is naturally entitled to the enjoyment of exclusive rights over such property.
On the one hand, international courts have said that there is no such immunity available whilst, the position in the International Court of Justice differs allowing for heads of state immunity under customary international law. In the case of Pinochet it was argued that immunity is only applicable if the acts that have been committed were part of the official capacity and duties of the head of state. Thus, no head of state has the authority to torture any individuals as it amounts to a violation of jus
CONCEPTS IN THE COPYRIGHT ACT Copyright is an intellectual property right which is legally enforceable. According to the concept in the Copyright Act, a copyrighted work prevents stealing and infringing of a person’s original creations. These are the following works that can be copyrighted under the Copyright Act; - Dramatic works (scripts,
Intellectual property has a given set of time of expiry date to encourage further innovation. Copyright and patent usually are not enjoyable for too long while, handled at the state level under the Uniform Trade Secrets Act, can last for a longer time since it is meant for gaining competition against competitors. In the following sections, we are going to discuss the issues that can happen with three subcategories
Copyright also have the rights for reproduction, rights for distribution, rights for public performance and modification or adaptions Copyright infringement- this is when someone copies someone elses work without the permission of that person. Ways to prevent copyrights is to make sure that all work are original, http://www.slideshare.net/nipclaw/introduction-to-ip-23715204 Patent: patents are
Being Free 1st draft Freedom is word used in a lot of contexts, but the official meaning of the word is “the power or right to act, speak, or think as one wants” (Freedom). Meaning that you have the right to do something, with the focus being on you as an individual. This means no one can tell you what to do, like for example a state. This is an important aspect and part of political theory. Liberty is also used and viewed as the same category of theory, and has the definition “The state of being free within society from oppressive restrictions imposed by authority on one’s behavior or political views” (Liberty).
The plaintiffs were, therefore, entitled to damages under s. 52(1) (b) of the Act, which damages were the difference in price between a 1967 and a 1972 model. Rescission could not be granted where the parties could not be placed in their original positions, particularly where the vessel may have been damaged while in the plaintiffs' possession. For the foregoing reasons, the third party claim was also
They determine how an unjust acquisition or transfer of property should be rectified. The entitlement theory says nothing about the process of initial appropriation. Nozick appeals to a “Lockean provision” such that an individual can legitimately claim possession of the natural world. Kymlicka summarizes the sentiment succinctly, that is, people own themselves; the world is initially unowned; you can acquire absolute rights over a disproportionate share of the world, if you do not worsen the condition of others ; it is relatively easy to acquire absolute rights over a disproportionate share of world and therefore once people have appropriated private property, a free market in capital and labour is morally required
They determine how an unjust acquisition or transfer of property should be rectified. The entitlement theory says nothing about the process of initial appropriation. However, Nozick appeals to a “Lockean provision” such that an individual can legitimately claim possession of the natural world. Kymlicka summarizes the sentiment succinctly, that is, people own themselves; the world is initially unowned; you can acquire absolute rights over a disproportionate share of the world, if you do not worsen the condition of others ; it is relatively easy to acquire absolute rights over a disproportionate share of
Kingston states in his book, “An important reason why intellectual property is far less effective for generating innovation than it could be is the excessively high cost of resolving disputes. This largely reflects the use of ordinary court arrangements to determine what are essentially technical issues.” Kingston also notes that in addition to the measurable costs of litigation, there also may be substantial unmeasured costs that take the form of “distraction, diversion of energy and misdirection of creativity that litigation imposes on innovatory firms.” Kingston proposed mandatory arbitration of patent disputes along with legal aid to the party that does not appeal the ruling to the courts. Kilb (1993) also recommended arbitration as a “…quick, efficient form of patent dispute resolution”...adding that “[A]n arbitration hearing before experts in the field allows the parties to avoid lengthy litigation that could leave the disputed patent out-dated before it reaches its