LEGS8007 - EUIPO Trade Mark Course

Soon we will be looking at trade marks. The European Union Intellectual Property Office (EUIPO) provides an online course on trade marks with a certificate at the end. You will be expected to take this course and to e-mail me a copy of your certificate. You can start the course any time and you can take it is stages. You will need to register for an account at the EUIPO.

The course starts here
https://euipo.europa.eu/knowledge/enrol/index.php?id=2274

LEGS8007 Class 05.2 & 05.3

Part 08

Copyright exemptions.

We had a problem with the projector. So will record the class and put it online.

Part 09

I explained the Fair Use doctrine in the US.  We listened so some music can included other works and I asked students what decisions they would come to if they were judging hypothetical cases where fair use was being claimed.   Where it was decided that there was not far use, how much of the royalties should go to the original creator.  There was general agreement on what was and was not fair use.  But when it came to the numbers there was not universal agreement on the scale of Kane West's genius.

Audio: LEGS8007-09-20170301.mp3

LEGS8007 Class 05.1

Part 07

We looked at who is counts as the author of a work and at the term of copyright.

In the next class we will look at copyright exemptions.

LEGS8007 Classes 04.2 & 04.3

Part 05

We continued our look at copyright. We discussed copyrightable subject matter, the tangibility requirement, the originality requirement.  We looked at the labour, skill, or judgement test.




Part 06

We discussed the idea/expression dichotomy and moral rights.



Exam Questions:

Write a note on:

1. Walter v Lane
2. Temple Island Collections v New English Teas
3. Designers Guild v Russel Wiliams (Judgment)
4. Interlego v Tyco Industries

5. Explain what is meant by the idea/expression dichotomy


Essay:

How might Walter v Lane be decided in 2017?

The idea/expression dichotomy

The problems posed by photographs to copyright law.

How Original is Original? The Threshold of Originality in Copyright Law?

LEGS8007 Class 04.1

We began our look at copyright.  Todays class included the Statute of Anne, the Berne Convention, and of course Finian v Columba.  We asked the question what can be protected by copyright? We will go on to answer that in the next class.



Exam Questions:

1. Write a short note on each of the following cases:
Finian v Columba, (AD 567)
Millar v Taylor, (1769) 4 Burr. 2303; 98 ER 201
Hinton v Donaldson, SCS 1 July 1773
Donaldson v Becket, (1774) 2 Brown's Parl. Cases (2d ed.) 129
Phonographic Performance (Ireland) Ltd v Cody, [1998] 4 I.R. 504 at 511


2. Identify two objectives of the Berne Convention (1886)

LEGS8007 Classes 03.2 & 03.3

Part 02: Sources of Law

We looked at the sources of law in Ireland

We watched a video on US Law and compared the process to that in Ireland. It's largely the same except the President of Ireland has fewer powers.


Part 03: Justifications for Intellectual Property
I asked students to imagine we were starting a new colony and someone proposed that we should have Intellectual Property laws. What are the arguments for having such laws.

audio: LEGS8007-03-20170215c.mp3


Exam questions:

Describe the various sources of intellectual property law (copyright, trade marks, and parents) in Ireland.

LEGS8007 Class 03.1

Part 01: Property

This was our first class.

We discussed the nature of property and how it is dependent on law. We discussed the differences between intellectual property and tangible property and concluded that the are more aline than we thing, not because intellectual property is more tangible than we first thought, but because tangible property is actually itself quite ephemeral.  We also discussed how property rights are not absolute and can be justifiably constrained by the state.

audio: LEGS8007-01-20170213b.mp3


Essay Question:
Intellectual Property isn't really property. Discuss.


Next up: we will discuss the sources of law.

COMP7004 CyberEthics Class 08.1

We looked at the Fair Use concept from the US and the equivalent fair dealing copyright exception in Ireland. We discussed the issues that arise when new works are created from existing ones. I asked students to act as jurors in hypothetical cases of music sampling where the defendants invoked the fair use defence and ask students to portion the ownership of the new work in cases where they found there was no fair use. The was considerable discussion about the extent of Kanye West's genius.

For this classes blog entry students will be expected to briefly outline and justify each decision.

COMP7004 CyberEthics Class 07.3 Copyright (2)

We continued our look at copyright.

COMP7004 CyberEthcis Class 07.2 Copyright (1)

We began our formal look at copyright.

[Slides and audio available on Blackboard]

COMP6023 Cyber Squatting

Here's an interesting cases for the season that's in it

http://thehill.com/blogs/ballot-box/presidential-races/262325-jeb-bush-domain-name-redirects-to-trump-site

http://www.theatlantic.com/politics/archive/2013/02/ron-paul-vs-ronpaulcom-how-coalitions-crack-up-in-the-internet-age/273059/

COMP6023 Class 03.4

I called on several students to briefly outline the UDRP case they were assigned. Towards the end of the class students discussed the remaining cases in groups.

For next week's blog posts student must write summary of the case and include a link to the judgement online.  Students should pay particular attention to the three part test and identify the decision reached for each parts.  Students should say whether or not they agree with the panel's decision.

Students who did not receive a printed judgement may chose any judgement they wish. However they may not select one that is being used by another student.

COMP6023 Class 03.3

Earlier this morning I emailed a link to this article and asked students to read it, mindful that it was written in 1994.

http://www.wired.com/1994/10/mcdonalds/

In the lab I distributed some print outs of UDRP judgements. I distributed the remainder in class.

We discussed cyber squatting and the UDRP.

COMP6021 Class 08.1

We looked at transparency and PNG.

COMP6023 DWEB1 Class 41 Trademarks and Trade Secrets

We looked at Trademarks and Trade Secrets.

COMP6023 DCOM1 Class 38 Patents

We looked at Patents.

COMP6023 DNET1/COM1c Class 37 Copyright & Patents

We looked at Copyright some more and discussed Patents

COMP6023 DCOM1 Class 34 Copyright

We looked at copyright.

COMP6023 DNET1/COM1c Class 34

Students got into groups of four and acted as jurors in a variety of hypothetical cases involving libel, privacy, and copyright.

COMP6023 DWEB1/ITM1 Class 34 You be the Judge

Students go into groups and acted a jurors for a selection of some real but mostly hypothetical court cases involving libel, privacy, and fair use.

I was surprised by the degree of consensus.