Solutions and Recommendations on Regulation of IPR Free Essay Example, 4750 words

In the context of the protection of IPRs versus the rights of the public, it has become necessary to redefine the traditional notions of IPR and its regulation. The Internet has changed the face of IPR and has mandated the adoption of new and novel ways to tackle the problems involved with the infringement of IPRs. Hannabuss has mentioned the assignment of certain kinds of licenses that are classified under those issued for fair dealing purposes, which set out the criteria for permitted acts35a. These include the use of copyrighted material for purposes of research or study, reporting or insubstantial use, including allowing photocopying under a license. These would include Newspaper Licensing Agency licenses, design, and Artists Copyright Society Licenses and Christian Copyright Licenses, among others. These licenses contain guidelines on how much copying is permissible. Similarly, patent law has also made provision for finding infringement, even when modifications and additions ar e carried out in the UK, the law on patent also includes the scope for finding indirect infringement, through Section 60(2) which states: an individual will infringe another s patent where a person contributes to but does not directly take part in the infringement. This allows enhanced protection for patent owners, even in instances where they are unable to trace the source of the infringement because the indirect user of the infringed patented product can be sued instead. In two recent cases before the EU, the likelihood of confusion resulting in determining the extent of protection in a particular trademark similar to another has also been set out, in order to provide additional guidance on the issue of IPR. In the case of Canon KK v Metro Goldwyn Maye36r, the ECJ held that while considering the likelihood of confusion between two marks and whether or not one infringes on the other, the distinctive character of the earlier trademark and in particular its reputation must be ta ken into account .for the purposes of article 4(1) (b) of the Directive, registration of a trademark may have to be refused . We will write a custom essay sample on Solutions and Recommendations on Regulation of IPR or any topic specifically for you Only $17.96 $11.86/pageorder now