Text 2 true false statements

Confirm or refute these statements. Begin with a short answer, e.g. 'Yes, it is/has/does, etc.' or 'No, it isn't/hasn't/doesn't, etc.' and add one sentence to prove your point.

1 An artistic design cannot be protected by design rights.

2 An 'identical' design means that it is an exact copy of the original design.

3 Disclosing a design to the public at any point before registration invalidates it.

4 A person who sells infringing articles without knowing that they are protected by the registered design right is nevertheless liable.

5 The infringer of design right is liable even if the infringement itself takes place outside

the UK..

6 The rights of persons with recording rights are created by statute.

7 Database right protects investment in creating a database from already existing data.

13. Designs Law

Read the following examples and say whether the alleged design right has been infringed.

1. A company manufactures contact lenses, some parts of which are shaped in such a way that allows the lens to fit a human eye perfectly. A rival company starts producing identical lenses. When threatened with an infringement action, the competitors argue that no design right subsists in the article in the first place.

2. In 2008 a company is set up to produce UPVC (unplasticised polyvinyl chloride) windows. 12 months on, it brings an infringement action against another company which makes identical windows. The defendants argue that no design right subsists in such windows because the design is 'commonplace' and has been in the marketplace for many years now.

3. A company makes kitchen units with original door panels easily recognisable because of the specific decorative grooves cut into the door panels. When a rival company starts making kitchen units with copycat door panels, a legal action is brought by the original manufacturers. The defendants however intend to argue that no design right subsists in the door panels.

4. A range of cutlery which features a certain handle design has been on the market for 25 years. A rival company starts producing identical sets without licence from the owners.

5. A company designer comes up with an original design for a chair. The chairs are made to the design and are an instant commercial success. 10 months later the company manager sees similar chairs sold in Singapore: the material is slightly different but the design is the same.

6. An artist makes a design for a mirror frame based on a design which she saw in a museum in Japan many years ago. After the framed mirrors made to the design have been on sale for

a few months, a rival company starts making and selling identical products. /

7. A designer working for sports equipment manufacturers has an interesting idea for a snowboard design. He often stays in the office after working hours to develop the idea on the computer. When the design is ready, he decides to assign it to another company. The employer claims infringement of his rights.

14. Design, performance and database rights Note-taking

Make one-page Notes or a Mind Map of Text 2. Be ready to talk in front of the class using your notes.

15. Conditionals Language use

When we speculate about past events and possibilities that were never fulfilled, we say what migh t have happened if the events had developed differently. As you can see, we use Perfect tense forms to do that. Look back at the exercise 'Designs' and write five sentences speculating about unfulfilled possibilities. (If necessary, revise the relevant section in your grammar book.) Example:

If the case hadn’t come under the ‘must-fit’ exclusion, the product would have merited legal protection.

Punctuation

Below are two extracts from a newspaper article “Why we must cut the costly Crown copyright’by Heather Brooke (The Times, 27/9/2005). It compares the situation with government copyright in the UK and the USA, much to the credit of the US. The article is part of growing campaign in the UK to abolish restrictive copyrights on public sector information.

Punctuate the texts, paying special attention to capitalisation of words. If in doubt, consult the Punctuation Rules in Appendix 9. Write down how this article should be cited in a Bibliography.

A

1 in the uk excessive intellectual property rights prevent access to and dissemination of vast areas of knowledge says matt wootton of the green party. 2 our policy seeks to abolish crown and other types of restrictive copyright that restricts most material originated by ministers and civil servants which has been paid for by the uk taxpayer.

3 lawyers too are hit hard as they pay substantial fees to access consolidated law or governmental reports. 4 in the us this is information that would be provided free or at little cost federal law states any text produced by government is free from copyright and passes immediately into the public domain. 5 unoriginal compilations of fact public or private may not be owned says professor james boyle of duke law school who has studied copyright regimes in the us and europe. 6 confounding expectation boyle says the us government exercises information socialism whereas the uk and europe are out for maximum short term profit at the expense of social welfare and long term economic growth even the eu directive on the re use of public sector information enacted in july 2005 presumes that government data be sold for profit.

B

1 research carried out in 2000 by pira international for the european commission found that the us information industry was five times larger than its european counterpart even though the two economies were almost equal in size. 2 the main difference the commission stated was the much more liberal rules on re use of federal information in the usa.

3 the office of public sector information formerly known as her majesty s stationery office has created a click use licence for some types of public information though this extends only to current legislation some parliamentary documents and government press releases. 4 building this system and spreading it out across government is very much part of the government s policy to encourage the re use of information said a cabinet office spokesman. 5 yet the most useful types of public sector information are excluded from click use licences and carry heavy fees land registration held by the land registry mapping ordnance survey weather meteorological office and sea charts uk hydrographic office.

17. Argumentative essay Writing

Following a discussion or a debate you had in class, write an argumentative essay in about 1,500 words. Your teacher will give you the topic for your essay. The technique is explained below.

1 Format of the essay. Write the essay in six paragraphs, each about half a page in length,

according to the following plan:

Page 1 Page 2 Page 3

1 Introduction 3 Argument 2 5 Argument 4

MAIN THESIS

2 Argument 1 4 Argument 3 6 Conclusion

MAIN THESIS

2 Format of the paragraph. Build each paragraph on the following plan:

a new argument

b supporting evidence or illustration c counter-argument

d supporting evidence or illustration e resolution

Paragraph 1 should begin directly, without any preamble, with a strong clear argument running through the answer. This main thesis will be developed through a series of specific arguments and counter-arguments in paragraphs 2 - 5. It will then be repeated in the Conclusion but on a somewhat higher plane, enhanced by the preceding analysis.

3 Technique.

a You can begin by working out the main argument for each paragraph and then start fleshing out your thoughts. Alternatively, if you have a difficulty with finding your main argument, start writing from paragraph 2 and see where it takes you.

b If you can't produce an original theory (no one expects that), build your essay on a simple, pithy answer. The originality will reside in the details you manage to find rather than in the overall thesis.

c When you have finished the first draft, work on links from paragraph to paragraph.

The best device is to repeat some words from the end of one paragraph at the beginning of the next.

d Check the length of your sentences. If they are too short, join them to form longer ones.

e Finally, go over the checklist in Appendix 10. You can use it to give yourself the mark you deserve.

4 Wording. If you use any written sources, do not plagiarise their wording. Plagiarism is 'the

unauthorised use or close imitation of the language and thoughts of another author and the representation of them as one's own original work'.

5 Style. Since an essay usually expresses the writer's personal ideas on the subject and is

not a complete examination of the matter, the style of an essay may be fairly informal. But 'informal' means 'educated-informal', not 'teenager-informal'.

Chapter 13. Intellectual Property Law 1

18. Law in the press Law

A friend of yours needs help with some legal terminology. She has sent you these extracts with underlined phrases from an article in The Times. Write your friend an email explaining the underlined phrases so that their meaning becomes clear to a non-lawyer. If necessary, refer back to the example in Chapter 8.

Chris Columbus, the director, and David Hayman, the producer, are the first owners of the copyright in the film. However, it would be standard practice under their contracts of engagement for Columbus and Hayman (1) to have assigned this copyright to Warner Bros.Columbus also (2) has moral right in his film,and as expected, it would appear that he (3) asserted his rightto be named as director, as he is credited. ('What's in a name? More things than Shakespeare imagined... ' The Times, November 19,2002)

The reason for the get-tough approach is that legislation last year subtly changed an exception to copyright law and gave (4) the CLAmore clout. Martin Delaney, the legal director, says: "The main change to the statutory exceptions is that the copying must be for a non-commercial purpose. Before October 31, 2003, any copying for 'research' or for 'private study' was arguably a copyright exception provided there were no economic ramifications for the copyright owner. This was deemed to be (5) 'fair dealing'."Now, 'fair dealing' has been tightened in line with the EU Copyright Directive and copying for research carried out for commercial purposes is no longer 'fair dealing'. Equally, any copying for private study that is for commercial purposes will also fail (6) to qualify as an exception to copyright."('It's time to face the music' The Times, July 13,2004)

Public Speaking

19. Expressions with the word 'point' Language use

a) The word 'point' is part of many phrases used in discussions. Match each phrase (1 - 12) with the function it fulfils a - I.

Ma I make a There are two pointsI'd like to make. I'd like to pick up on your last point. Could I comment on that last point?

4 To a back to my last point.d

5 I would like to distinguish between some e

points.

The oint I'm tr ing to make is...

6 I have just a small point but it may clarify f

thin s a bit.

7 I'm afraid I didn't get the last point. Could you 9

goover it again, please?

8 I want to withdraw my previous point and h sa...

9 My point precisely.

I'll 0 alon with that oint of view. 10 I a ree u to a oint but...

11 Could liMa I come in at this oint? 12 I wish to stress the pointthat...

withdrawin a oint

referring to one's previous argument

asking for clarification

disagreeing

Chapter 13. Intellectual Property Law 1

Practise saying these phrases with a different intonation and speed in order to achieve fluency. Make it a point to use them in discussion.

b) Next to each situation write at least one suitable phrase with the word 'point'.

Situations

A You want to say several things and you don't

want to be interrupted before you finish.

B C

You want to make your argument clearer.

You want to ask the speaker to clarify what he said.

D E

F

You want to return to your own argument. You wish to return to something somebody said before.

You know something that would clear up the confusion.

20. Discussion Speaking,

You are going to have a discussion on a problem related to the subject matter of this chapter (see Appendix 7 for instructions). After the discussion you will be asked to evaluate the leader's performance (use the checklist in Appendix 7). Your own participation in the discussion will be assessed on the following criteria: 1 positive contribution; 2 good language; 3 good communication skills that include sensitivity to turn taking, avoiding monopolising the discussion, etc.; 4 use of functional phrases.

21. Debate Speaking

You are going to take part in a debate around a problem related to the subject matter of this chapter (see Appendix 8). After the debate you will be asked to evaluate the main speeches; use the checklist in Appendix 8.

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