Sample Essay on:
Intellectual Property and Originality

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Essay / Research Paper Abstract

This 24 page paper considers the argument that intellectual property law, specifically copyright law does not rely on originality as a requirement for ownership. The paper looks at copyright law in the UK and also looks at patent and trademark law, comparisons are made between the UK position and the position in the US, Australia and Ireland. The bibliography cites 19 sources.

Page Count:

24 pages (~225 words per page)

File: TS14_TEIPcopy.rtf

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Unformatted sample text from the term paper:

of the original work, and the right to reproduced, or copy it, rested with the one that created it, unless they sold that right. This is the basic idea of a copyright. The owner of a copyright, literally owns the right to copy the work. However, as with all legal matters, ownership is not always as simple as this. It is often assumed that the copyright of a idea will rest with the individual that had the idea. This is not the case, to understand copyright law there is the need to comprehend the difference between the idea and the expression of the idea, as it is the expression of the idea that is protected under copyright law. Therefore, it is quite possible for originality to be lacking in the copyrighted work, or for an original work to breach an existing copyright it one exists. The situation is also complicated when we consider the whole area of intellectual property and the idea of originality and the way it is dealt with. This also covers patents and trademarks which can also cover intellectual property. To consider the idea of originality and see how this is not really a factor, but it is the expression of this and the ownership of that expression which is subject to ownership and protection we can look at intellectual property and consider this in the context of international law. To start we have to define what is meant by intellectual property. Following this we can look at the approach taken to the need or applications of the term original in copyright law and then consider how this compared to other areas of intellectual property, such as patents and trademarks. 2. Intellectual Property Intellectual property is one of the difficult areas as even the definition ...

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