Intellectual Property Rights Law Implementation Assignment Sample

Question

"Thou shalt not appropriate other people's intellectual production" is one of the Ten Commandments of Computer Ethics.

Please talk about the IPR (intellectual property rights) issues that businesses must deal with in the digital age. Discuss the results and consequences of certain IPR-related court cases in order to update the IPR legislation.

Answer

Introduction: People are granted intellectual property rights (IPR) over their creations. In essence, the creator receives an exclusive right to use, exploit, and profit from his product. Intellectual property (IP) rights are meant to encourage the creation and the advantages gained from its use in the creator's favor. These rights have moral as well as monetary worth. It is also referred to as monopoly rights of exploitation and has a constrained age range, geographic reach, and duration [4].

IP rights are divided into two groups: industrial property and copyright.

Books, music compositions, paintings, sculptures, poems, films, computer programs, and other artistic creations are all covered by copyright. These are all covered by copyright for a period of 50 years following the creator's demise. Additionally, "neighboring" rights, such as those of actors, musicians, singers, and phonogram makers, as well as broadcasting organizations, are included in this category. The basic goals of the copyright are to protect the owners and compensate the creators for their ingenuity.

Industrial property is defined as the defense of distinguishing trademarks, monograms, signs, logos, and other identifiers that set one company's goods and services apart from another. Patents, trade secrets, and industrial designs are examples of other types of industrial rights [7].

Identifying the main IPR concerns or difficulties

Lyrics, music compositions, sculptures, paintings, designs, literary works, and other works of art are examples of intellectual property. These works of art can be purchased, sold, or licensed just like any other tangible property. IPR grants the creator the right to profit financially from his creations. The protection of the intellectual property is becoming essential for large corporations investing. Ideas and knowledge are gaining tremendous traction, and many items and commodities that were formerly sold as low-value commodities or goods have improved in reputation due to their innovative design [1]. Because they carry an identity, today's movies, biotech products, online services, apparel, music, books, and computer software can all be purchased and sold with ease.

Trade-Related Aspects of Intellectual Property Rights (TRIPS), an agreement on intellectual property regulations in the global trading system, were developed by the WTO in response to shifting business patterns and went into force on January 1, 1995. The standards, enforcement, and dispute resolution are its three key components, making it the most comprehensive multinational IP agreement. IP is given substantial protection under the TRIPS agreement [3].

The rapid and dramatic advancement of technology is causing subtle and complex problems, such as the development of satellite broadcasting, which is relatively extremely inexpensive and, therefore, cannot be protected by a patent or copyright. Without permission, those who broadcast it retransmit it to other cable systems for profit. These measures make copyright less legitimate and make it harder to appropriate.

The same problem arises when proprietary material, such as data, is transmitted electronically, especially when using electronic devices. Given the number of users and utilization of inexpensive telecommunication networks, IP rights are practical but very expensive in these scenarios [6]. Information technology is particularly susceptible to widespread and inexpensive copying, which is creating concerns about international intellectual property rights.

Analysis of Issues Regarding Intellectual Property Rights

Intellectual property theory has not piqued the interest of many philosophers. The notion of utilitarianism is essentially the main idea used to explain utilitarian inventions. The development of IPR is encouraged by utilitarian theorists because it fosters innovation. This utilitarian philosophy has served as the foundation for US copyright legislation [4]. For a specific amount of time, the innovator is granted an exclusive privilege through the use of copyright, patents, trademarks, design patents, etc. There are many different ways to secure intellectual property, and each one has a different level of protection [2]. The non-utilitarian theories, on the other hand, highlight that the creator has a moral obligation to defend his creations.

Digitalization has had a significant impact on IPR. Technologies that make peer-to-peer networks, file sharing, digital conversion for mass consumption, and other activities on fast, affordable internet connections are proliferating at an enormous rate. Numerous unauthorized copies have been distributed thanks to technical tools [8]. The film, music, and software industries are particularly affected by this problem and are continually looking for different technical and legal solutions to combat this digital piracy. The music and film industries have been rattled by digital piracy. Mass copying without compromising the copyrighted content is possible with high-density digital copying. Peer-to-peer sharing among many users transforms the majority of unlicensed copyright material.

A wide range of technical solutions are being developed to combat digital piracy to prevent copy control, limitations on file sharing, file control, saving, printing, etc. Digital piracy is being prevented by using encryption, electronic watermarking, tagging, flagging, and other methods [5]. All of these copy safeguards are built into the device's operating system, hardware, or software. The music and film industries are promoting piracy filters in Internet service providers to screen or identify pirated digital content.

Recommendations: IP protection is a fundamental right in democratic economies and communities. Without a doubt, IPR encourages discovery and innovation and must be upheld. It is clear that IPR can encourage research and allow people the flexibility to profit from their innovations. IPR has various advantages, including preventing plagiarism and preventing others from utilizing it. It also supports strategies for generating cash and permits unrestricted entry into a cutthroat market. Your personal or business intellectual property, whether it be copyright, patent, insider knowledge, or trade secret, is more valuable than any tangible assets you may have.

Piracy and counterfeiting are widespread and will remain so, notwithstanding the provisions for intellectual property. Therefore, to address the piracy issues, proactive solutions and useful advice are required. Analytical investigations show that each individual must come up with a unique method of IP protection. Every organization relies on its intellectual property (IP), and if this is stolen, it is impossible to recover the stolen data, and it is tough to prosecute the offenders.
Therefore, it is crucial to safeguard intellectual property.

A few suggestions are:

• Become a member of the Intellectual Property Owners Association, which improves government cooperation efforts to combat counterfeiting both domestically and internationally. Additionally, it safeguards IP investments from trafficking, illicit dissemination, and copyrighted material copying.

• Developing and maintaining a strong IP portfolio.

• Working with IP attorneys with specialized knowledge.

Intelligence Property protection is now required. The biggest inventors in the world, including Apple, Microsoft, Google, and Amazon, are spending billions of dollars to safeguard and defend their intellectual property.

Conclusion:

Laws and intellectual property rights are intended to foster innovation and the free exchange of ideas while also benefiting the owner. A result of mental activity, intellectual property is an intangible asset. Our Law Assignment Help suggest to submitting fresh copyright or patent applications, obtaining new licenses, and adding value in a variety of inventive ways, the company must continually strengthen its IP portfolio. IP is at risk on a daily basis in the current environment. Digitalization has led to an increase in cyberpiracy. The movie, music, and pharmaceutical industries are now targets of copying and piracy. The creation of a statutory framework is necessary to safeguard intellectual property rights. Australia has well-developed regulations that safeguard both private and corporate intellectual property.

References

[1] P. E. Chaudhry, "Protecting your IP rights," Business Horizons, vol. 56, no. 2, pp. 131–133, 2013.

[2] S. Kinsella, "The case against intellectual property," Handbook of the Philosophical Foundations of Business Ethics, vol. 1, no. 3, 2013, pp. 1325–1357.

[3] S. Pathak, E. Xavier-Oliveira, and A. O. Laplume, "The Politics of Intellectual Property Rights Regimes: An Empirical Study of New Technology Use in Entrepreneurship," Technovation, vol. 34, no. 12, pp. 807-816, 2014.

[4] "Stage-dependent intellectual property rights," J. Dev. Econ., vol. 106, pp. 239–249, 2014. A. C. Chu, G. Cozzi, and S. Galli.

[5] "Intellectual Property Rights," by N. Chaudhari and V. Baliga, Unesco, 2015.

[6] Intellectual property and ideas of justice by A. Gosseries, A. Marciano, and A. Strowel 2008.

[7] "Intellectual property rights in publicly supported biobanks: Much ado about nothing?," Nat. Biotechnol., vol. 29, no. 4, pp. 319-323, 2011. S. Pathmasiri, M. Deschênes, Y. Joly, T. Mrejen, F. Hemmings, and B. M. Knoppers.

[8] Procedia Econ. Financ., vol. 16, pp. 548–552, 2014. L. Ilie, "Intellectual Property Rights: An Economic Approach."

The Australian Solicitors Conduct Rules?

Question

Task: Describe the Australian Solicitors Conduct Rules?

Answer

Introduction

Australian lawyers provide legal services to a variety of clientele in a variety of settings. The Australian Solicitor Conduct Rules are applicable to all solicitors, regardless of their involvement with community centres, legal aid groups, private practice, in-house legal counsel, government law, or volunteering. According to the Australian Solicitor Conduct Rules, a solicitor shall never deal with or benefit any other party that is represented by or compensated by an insurer in the solicitor's knowledge unless both the party and the insurer have indicated their willingness to do so. All Australian solicitors must abide by these regulations given in law coursework assignment samples and others in order to practise their profession. All Australian states and territories have accepted the guidelines to guarantee that all Australian solicitors are committed to and bound by a common set of professional duties and ethical standards when working with clients, courts, other attorneys, regulators, and other connected parties. The goal of introducing these regulations is to help the acting solicitor perform to the best of their ability within a regulated environment. These regulations are written in a way that makes it easy to determine whether a lawyer has participated in improper behaviour or professional misconduct. The Australian Solicitors' Conduct Rules were initially resolved by the Law Council in June 2011. In March 2015 and April 2015, the Law Council of Australia accepted a number of minor modifications to the rules. Any violation of the regulations by a solicitor may be considered professional misconduct or unsatisfactory professional misconduct. However, the appropriate regulating authority may decide to discipline the solicitor in response to this; no other party may impose them (Doulman Vs. ACT Electronic Solutions Pty Limited & Anor, 2011). If any common law or law prescribes higher criteria than these regulations, a solicitor is required to follow them. Similar to this, if a rule has higher requirements than the common law or legislation, it needs to be compiled. The acting solicitor must be aware of these additional regulations.

A council has a fundamental obligation to the court and the government, according to Rule 3. Additionally, the rule states that if there is any inconsistency, the duty extends to the extent of that inconsistency. Although Rule 4 stipulates the core ethical obligations of a solicitor. According to Rule 4.1, the lawyer must act in the client's best interests because the client is being represented by the lawyer. When responding to inquiries about the legal profession, the solicitor must maintain their integrity and politeness. The solicitor should offer knowledgeable and thorough legal services. These services should, however, be provided as quickly as is practical given the situation. While Rule 4.1.4 states that a solicitor may not participate into any agreement that jeopardises their professional independence and integrity. According to Rule 4.1.5, solicitors are required to abide by all applicable laws and regulations (Bufalo Corporation Pty Ltd Vs. Lend Lease Primelife Ltd. 2010).

The relationships between a solicitor and their clients are outlined in Rules 7 to 16. Communication of advice, client instructions, confidentiality, conflicts with current clients or former clients, conflicts with a solicitor's own interests, completion or termination of the engagement, client documents, liens over crucial documents, and charging for document storage are a few examples of these. A solicitor is required by Rule 8 to abide by the client's legal, competent, and appropriate directions. According to the common law presumption, every adult has the capacity to make an independent decision, excepting cases of old age, mental disability, suspicion of fraud, having the power to exert undue influence, incapacity, or situations in which the client is unable to communicate. The presumption of legal ability must exist in the client, and the lawyers must be persuadable convinced that the client is mentally capable of giving the instructions. The lawyer shall refuse to represent a client whose mental health the lawyer finds to be unsatisfactory. The issue of incompetence and the solicitor's liability under negligence will arise in the event of any failure or carelessness on the side of the solicitor (Walker Vs. D'Alessandro, 2010). In accordance with Rule 9.2.3, a solicitor who is uncertain about a client's ability to give suitable directions or a response in a certain circumstance may seek confidential guidance on the ethical or legal duty of the solicitor.

The solicitors must exercise the utmost caution when using the court's procedures and privileges, according to Rule 21. According to Rule 21.2, the solicitor must make sure that the proofs that are already in his possession can properly support the accusations that he has made against any person. This is necessary for the case's active advancement, and it should be established that the accusations are not being made solely to annoy or shame a person (Pont, 2013).

The 2011 Barrister's Rule included certain new regulations without altering the ethical standards, such as Rule 12. This rule acknowledges the importance of barristers in the administration of justice. The Advocacy Rules are introduced with the goal of maintaining communication between solicitor advocates and the bar. Rule 27.1 makes it clear that the solicitor may not represent the client at the hearing if doing so could require the solicitor to provide material for his testimony. While the same conditions as Rule 27.1 apply, Rule 27.2 allows the solicitor to present the client but not as the client's attorney as long as it doesn't interfere with the administration of justice.

A lawyer has obligations to the court, such as acting independently when it is in the best interest of the administration of justice. A barrister has a duty not to intentionally or unintentionally mislead the court (Pont, 2013). If the barrister learns that a statement of this nature has been made in error, they must immediately take all necessary action to rectify the situation. The regulation further states that if the barrister grants relief to an ex-parte application, the barrister must disclose all the facts and legal issues that are in his or her knowledge to the opposing party. Because the underlying legal issues in such a case are not shielded by the legal profession and because there are plausible grounds for the barrister to think that granting the relief is appropriate.

A barrister is also required to fulfil obligations to clients, which are outlined in Rules 37–40. In accordance with Rule 37, a barrister must diligently and fearlessly protect the client's interests. A barrister is required by Rule 38 to tell the client of the alternatives to a fully disputed adjudication. According to Rule 39, a lawyer must try his utmost to help a client understand their rights and responsibilities in a particular case as well as the issues that are at stake. In accordance with Rule 40, the attorney must inform the client (who has been accused of a crime) of any benefit, method, or practise made possible by the applicable body of legislation. The barrister is also required to use the legal system and privileges honestly and responsibly. The Rules 59-67 define these responsibilities.

References

G E Dal Pont, 2013, Lawyers Professional Responsibility, 5th ed.
Case Law

Doulman v ACT Electronic Solutions Pty Limited & Anor [2011] FMCA 232

Australian Solicitors Conduct Rules, 2012

Bufalo Corporation Pty Ltd v Lend Lease Primelife Ltd [2010] VSC 672

Walker v D’Alessandro [2010] VSC 15