introductiontointellectualpropertylaw-p.w.martin.doc

Introduction to Intellectual Property Law - P.W. Martin 5/1/96 I. Overview A. The Skeleton of an Intellectual Property Regime(Questions to Ask, Dimensions to Probe -- of Any Body of Law Arguably Establishing a Regime of Intellectual Property) References below to:WP refer to the sections of the so-called September 1995 White Paper -- The Report of the Working Group on Intellectual Property RightsA section number, e.g., § 107, refer to 17 U.S.C. (the Copyright Act of the U.S.)Basics refer to Circular No. 1 of the U.S. Copyright Office. 1. What type of intellectual product or creative activity is covered (and excluded)? [For copyrights answers, see WP I.A.2.a., WP I.A.2.c. and Basics] 2. What must be done to establish initial entitlement? Originating and realizing -- how new/different must the intellectual product be, how completely and in what form must it be realized? [For copyrights answers, see WP I.A.2.a. and Basics] Competing claims -- how are competing claims to the same intellectual product resolved? [For copyrights answers, see WP I.A.8.] Formal requirements (including notice of copyright in some particular form) -- what formal steps must be completed to secure entitlement? [For copyrights answers, see WP I.A.2.a., WP I.A.5. and Basics] Mechanism for recognizing and validating -- how does the originator know that the entitlement has been granted (knowing both that others cannot appropriate and that the originators distribution does not infringe on the entitlement of someone else)? [For copyrights answers, see WP I.A.2.a., WP I.A.8. and Basics] Effect of institutional context on who holds what rights -- the effect of employment, collaborative or cumulative work, on entitlement? [For copyrights answers, see WP I.A.3. and Basics] 3. Content of entitlement Infringement -- What activities by others are an infringement on the entitlement (equal, similar, copied) (same market, different markets/forms)? [For copyrights answers, see WP I.A.6., WP I.A.7., WP I.A.