Friday 8 January 2021

COPYRIGHT AND PATENT PROFESSIONAL ENGLISH IN USE FOR LAW

 

PROFESSIONAL ENGLISH IN USE FOR LAW

42. COPYRIGHT AND PATENT

 

A

Copyright

Trainees at a law firm have been asked to help prepare a section on Intellectual Property (IP) law for the monthly e-newsletter circulated to clients. Some of their preparatory notes are below.

Type of IP interest

Copyright

How the interest or right arises

An automatic right arising from statute.

Copyright arises as soon as an original work (literally, dramatic, musical, or artistic, as defined in the main UK statute: Copyright Designs and Patents Act 1988, and its subsequent amendments) is created and embodied in a specific media (for example on film, in a sound recording, in print, or as an electronic record). Copyright also arises in the typography (the layout) of the published works.


B

Patent

 

Type of IP interest

Patent

How the interest or right arises

A patent is a territorial right given to the patent holder for a statutory period of years. It must be applied for each jurisdiction for which protection is required. In the UK, it may be granted by the UK Patent Office; in the USA it is issued by the Patent and Trademark Office.

To be patentable, an invention must:

·     be novel, that is, made public anywhere before the filling date on which the application/ description is submitted for patent;


 


 

EXERCISES

42.1

Make adjectives from the nouns in brackets. Put a stress mark in front of the stressed syllable in each adjective. Look at A and B opposite to help you.

1. Patent holders have (territory) rights over their inventions.

2. Copyright is a statutory right in an (origin) work.

3. A number of rights fall within (intellect) property, including copyright, design, patents, and trademarks.


42.2

Find four words in A opposite that can be used to make word combinations with ‘copyright’. Then use the appropriate words to complete the sentences below.

1. It is essential to identify the first copyright _________ before determining whether a particular form of work qualifies for protection.


42.3

Complete the definitions. Look at A and B opposite to help you.

1. ____________ - a property right that subsists in certain tangible creative works

2. ___________   ____________- a right that exists as soon as a work that can be protected by copyright is created in material form.

3. ____________ - the transfer of IP rights from the owner of the rights to another person or organisation.


42.4

Choose the correct phrase in brackets to complete the sentences. Look at A and B opposite to help you.

1. The Act generally gives the owner of copyright (the right to exclude / exclusive rights/ excluding rights) to reproduce the copyrighted work and to perform the work publicly.

2. The patent gives (the right to exclude/ excluding rights to/ exclusive rights to) others from importing the invention.


ANSWER KEY


 

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