The paper examines the law of copyright in England discussing the concepts of originality and intellectual creativity in the light of the Copyright Designs and Patents Act (CDPA). The inconsistencies of the Act are highlighted arguing whether skill, labour and capital can serve as criteria of originality. Approaches of the English law are compared to those of other jurisdictions considering the difficulties of measuring 'intellectual creativity' introduced by Database Directive.
The paper examines the concerns over the protection of intellectual property (IP) in conditions of the information technology development. IP legal platforms are examined including patents, trademarks and copyrights with references to cases brought to the European Court of Appeal on the patentability and copyright of computer software. The ways of protecting computer programs against copying are considered.
The paper looks at policy considerations that legislatures must take into account when they are creating property rights over products of the human mind. The issue is addressed from the perspective of economics and social justice.
The paper looks at the tort of passing off considering whether the tort has adapted and developed to the changing needs of commerce and seeking to identify whether there was a need for the Trade Marks Act 1994 given the existence of the tort of passing off.
The paper looks at a number of issues relating to intellectual property law examining the growth of copyright and its response to technological development. The issues of patents and entitlement are discussed with reference to a case study in which entitlement in a patent is disputed between an employee and employer, and the patentability of an invention is argued.
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