LAWG 220D1 Lecture Notes - Lecture 7: Sui Generis Database Right, Plant Breeding, Umbrella Term
23 Dec 2018
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Intellectual property: the life of the common law has been in the abuse of its elementary ideas. If the rules of property give what now seems an unjust answer, try obligation; and equity has proved that from the materials of obligation you can counterfeit the phenomena of property. Lionel smith: our main takeaway today is that it"s unconfirmed whether or not ip is actually property. Is intellectual property property: term that"s only become more common in last 3-4 decades; this somewhat reflects the introduction of trips see below. It"s a political term; also a business tool used to commodify rights and interests: umbrella term that includes patent, copyright, trademark, design, database rights (europe), semiconductor topography, plant breeder rights, trade secrets, and even unfair competition. If yes, would be property for purposes of ccp: the tri-tex chemical formulae are ideas and as such are not subject to copyright.
