We looked at the trademark registration process. We examined the Nice classification for products and services. We looked at some well know Irish marks and the classes for which they were registered. Students completed an exercise with random pages from a catalog and we learned that electrical and non-electrical doorbells, for example, are in different classes. Sometimes it's necessary to consult the detailed listings.
Part 18
What can be a trademark? We looked at the Sieckmann Criteria and considered smells and single colours. I explained the concept of acquired distinctiveness through use.
We began out look at Trade Marks. We looked at the evolution of trade marks from makers' marks that functioned as a liability to the assets that were valuable.
We looked at passing off.
Part 15
UK Trade Mark No. 1
We looked at the development of a trade mark register in the UK and in particular how it was a prerequisite for reciprocal protection of marks abroad. This led to the Paris Convention.
After a lot of work we eventually figured out how student can read their peer reviews. The Turnitin UX people should be thoroughly ashamed of themselves.
I asked students to revisit the structure of their papers and to write the first sentence of each section. Give a lot of thought to those sentences.
We looked "communication to the public" and the law surrounding hyperlinks to content.
I gave out printed copies of McCambridge Limited v Joseph Brennan Bakeries [2012] IESC 46 in anticipation of us moving on to trade marks in the next class
We reviewed the lessons of the procedural analysis exercise in the last class.
We discussed interviews with SMEs, but for the bulk of the class addressed writing learning objectives. In particular we addressed the three domains: cognitive, psychomotor, and affective.
I gave out a copies of Kelly v Morris reproduced from The Law Times and a press release from the ECJ on SABAM v Netlog. I was keen for students to see an example of a law report, and in particular to see the kind of language lawyers sometimes have to deal with. The contrast with the ECJ press release is startling.
We discussed at the challenges new technologies have posed for copyright enforcement and the approaches that rights holder have taken in recent years. In particular we looked at Digital Rights Management (DRM) schemes.
Part 12
We explored the roles of services provides (such as YouTube) and ISPs (such as Eircom and UPC) is assisting rights holders in their efforts to discourage copyright infringement, and the extent to which they can be compelled to provide assistance.
Exam Questions:
Assess the
effectiveness of technological Digital Rights Management (DRM) schemes in
balancing the rights of copyright holders and consumers.
How can online services providers avoid liability for copyright infringements by their customers.
That concludes our look at copyright.
In the next class I hope to talk about the assessment regime for the module.
Next up we will look a the copyright implications of hyperlinks
I have compiled a selection of radio stories about IP Law. You can subscribe using this RSS feed:
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The easiest way listen is using a podcasting application such as iTunes on a desktop, or Podcasts on your iPhone.
