Legal writing and legal language for intellectual property

Intellectual Property English Lesson 2 Trade Mark Law in practice The Law and practical methods of registration of trade marks plus the vocabulary of this area of law, e. Protected emblems, customary, distinctive, arbitrary, watch notice. Intellectual Property English Lesson 4 Disputes regarding Domain Names The Law plus legal and technical language relating to disputes involving domain names, e.

Legal writing and legal language for intellectual property

Introduction Preamble The parties to this agreement believe that the public interest is best served by creating an intellectual environment whereby creative efforts and innovations can be encouraged and rewarded, while still retaining for the college or university and its learning communities reasonable access to, and use of, the intellectual property for whose creation the college or university has provided assistance.

The college or university supports the development, production, and dissemination of intellectual property by its faculty members. What is Intellectual Property? Although the law provides for a several different types of Intellectual Property, faculty concerns center on two: The following definitions are taken from pertinent federal statutes: When used in this agreement, the term "Copyright" shall be understood to mean that bundle of rights that protect original works of authorshipfixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device.

When used in this agreement, the term "Patent" shall be understood to mean that bundle of rights that protect inventions or discoveries which constitute any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof; new and ornamental designs for any useful article and plant patents being for the asexual reproduction of a distinct variety of plant, including cultivated sprouts, mutants, hybrids, and new found seedlings, other than a tuber propagated plant or plant found in an uncultivated state.

Computer programs fall into a gray area between the two types of intellectual property. Programs that are a part of a "new and useful process" may be eligible for patent protection, while programs embodying minimally original expression may be eligible for copyright protection.

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The duration of a patent is 20 years from the date of the filing of the patent. The duration of a copyright for works created and published after January 1, is the life of the author plus 70 years.

The term intellectual property includes such concepts and rights as copyright, trademarks, industrial design rights, and patents. It is important to remember that IP is . Intellectual Property Digital Legal Deposit This report surveys laws regulating the mandatory legal deposit of electronic materials. 15 countries representing different approaches to collecting, describing, preserving, and storing digital and non-print documents and providing access to them are included in . Intellectual property is the property generated in the process of intellectual activities. It can be possessed and used, and generated benefits. The major components of intellectual property include copyrights, patents, and trademarks. Similar to tangible property, intellectual property which is an intangible property is also protected by the law.

Before that date, the duration of copyright with some exception had been 75 years, increased to 95 years in Unlike patent protection, copyright protection under the Copyright Act attaches as soon as a work is "fixed in a tangible medium of expression," i.

There is no need to place a notice on distributed copies or applying to the Copyright Office for registration. There are some benefits in doing so, but they are irrelevant to the duration of copyright.

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AAUP has adopted a policy Statement on Copyright approved by the Council June but it has not formally addressed the questions of patents. The copyright statement takes as its guiding assumption that the faculty member or members who create the intellectual property, own the intellectual property.

Intellectual property created, made, or originated by a faculty member shall be the sole and exclusive property of the faculty, author, or inventor, except as he or she may voluntarily choose to transfer such property, in full, or in part.

The AAUP Statement on Copyright describes three limited and expressly defined sets of circumstances where the college or university can claim ownership of the copyright. Special works created in circumstances that may properly be regarded as "made for hire.

A work should NOT be treated as "made for hire" merely because it is created with the use of university resources, facilities, or materials of the sort traditionally and commonly made available to faculty members.

The university shall own copyright only in the following 3 circumstances: The college or university expressly directs a faculty member to create a specified work, or the work is created as a specific requirement of employment or as an assigned institutional duty that may, for example, be included in a written job description or an employment agreement.

The faculty author has voluntarily transferred the copyright, in whole or in part to the institution. Such transfer shall be in the form of a written document signed by the faculty author.

legal writing and legal language for intellectual property

The college or university has contributed to a "joint work" under the Copyright Act. The institution can exercise joint ownership under this clause when it has contributed specialized services and facilities to the production of the work that goes beyond what is traditionally provided to faculty members generally in the preparation of their course materials.

Such arrangement is to be agreed to in writing, in advance, and in full conformance with other provisions of this agreement. Who May Use the Intellectual Property?

Intellectual Property Law Issues in Legal and Academic Writing

A collective bargaining agreement or institutional policy may also allow for institutions to use works created by faculty members without charge for educational and administrative purposes within the institution.

Faculty members should be encouraged to include such uses in their agreements transferring copyright for such works to a publisher.

These uses would be to enable the institution to operate more efficiently for such purposes as complying with accreditation agency requests, not to infringe on legitimate faculty rights. Material created for ordinary teaching use in the classroom and in department programs, such as syllabi, assignments, and tests, shall remain the property of the faculty author, but institutions shall be permitted to use such material for internal instructional, educational, and administrative purposes, including satisfying requests of accreditation agencies for faculty-authored syllabi and course descriptions.

In an agreement transferring copyright for such works to a publisher, faculty authors are urged to seek to provide rights for the institution to use such works for internal instructional, educational, and administrative purposes.

Distribution of Any Funds Generated Funds received by the faculty member from the sale of intellectual property owned by the faculty author or inventor shall be allocated and expended as determined solely by the faculty author or inventor. Funds received by the college or university from the sale of intellectual property owned by the college or university shall be allocated and expended as determined solely by the college or university.

Funds received by the faculty member and the college or university from the sale of intellectual property owned jointly by the faculty member and the college or University shall be allocated and expended in accordance with the specific agreement herein provided: How to Resolve Emerging Issues and Disputes In light of the changing legislative environment, and in view of the evolution of contracts and policies in the intellectual property area AAUP believes that the establishment of an on-going Intellectual Property Committee representing both faculty and administration would serve a useful purpose in both collective bargaining and non-collective bargaining environments.

Such a committee could serve a variety of purposes, including keeping faculty and administration apprised of technological changes that will affect the legislative, contract, and policy contexts.

Such a committee would play a role in policy development, as well as perform a dispute resolution function. In the absence of such an overall policy committee, a dispute resolution committee with both administrative and faculty representation is essential.

The committee members shall elect a chair from among themselves each year. At the time of initial appointment or election, each member shall be designated as serving a one or two, or threeyear term, so that the term of one faculty committee member and one administration member will expire each year and replacements will be appointed or elected each year.American Intellectual Property Law Association: Robert C.

Watson Award Internet Resources. Barger on Legal Writing; Students program offers courses in academic writing specifically for international students for whom English is a second language.

Mark Wojcik, Introduction to Legal English: An Introduction to Legal Terminology. Dec 14,  · By: Autumn On: December 14, In: Intellectual Property, Legal News, Legal Topics Comments: 0 The Consistency Initiative Pilot Program, announced in , has delivered more consistent examination standards for those applying for trademarks and patents through The United States Patent and Trademark Office (USPTO).

Intellectual Property As good scholars and writers, we must be vigilant about understanding and applying the rules of working with source material. This material is the intellectual property of its creator, and intellectual property rights exist and exist for a reason: to protect the creators of these original works.

The Legal Writing course is a unit online program combining text, audio, interactive elements and extensive feedback from a qualified TransLegal lawyer-linguist to help develop the English writing skills required of legal professionals.

The term intellectual property includes such concepts and rights as copyright, trademarks, industrial design rights, and patents. It is important to remember that IP is . Intellectual property is the property generated in the process of intellectual activities.

It can be possessed and used, and generated benefits. The major components of intellectual property include copyrights, patents, and trademarks.

Similar to tangible property, intellectual property which is an intangible property is also protected by the law.

How to Protect Your Intellectual Property Rights in Works Created By Contractors | kaja-net.com