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Showing posts from January 10, 2017

MAJOR INTERNATIONAL CONVENTIONS PROTECTING INTELLECTUAL PROPERTY

WHY IS PROTECTING INTELLECTUAL PROPERTY INTERNATIONALLY IMPORTANT? A. FINANCIAL BENEFIT – A LEGAL MONOPOLY.  A person who has invented something unique from his own conscious effort and diligence is entitled to claim benefit for the same. The protection which the law gives allows a person to fully maximise gain financially through advertising and marketing of this product. B. REPUTATION – A WORLD OF GOODWILL. The personhood theory opines that our creations become an added advantage to how we are seen and addressed. When someone creates something new, it belongs to him and should be given that honour. The absence of this protection can lead to the loss of this recognition. C. ENCOURAGE NEW CREATIONS FOR HUMAN BENEFIT. This is one of the most essential reasons why Intellectual Property requires protection. Inventors became scared of exhibiting their creations; this led to their absence from the international convention which was held up. If the rights of invento...

THE IDEA AND EXPRESSION DICHOTHOMY

WHAT IS AN IDEA?  It is a thought or collection of thoughts that generate in the mind. An idea is usually generated with intent, but can also be created unintentionally. Ideas often form during brainstorming sessions or through discussions. It is also an opinion or belief. Section 102 (b) of the United States Copyright Act states: In no case does copyright protection for an original work of authorship extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which is described, explained, illustrated or embodied in such a work. Ideas, methods, concepts, systems and devices are not entitled to copyright protection. This language means that no one can monopolize an idea or subject matter under a claim of copyright. Can you imagine if the people who were the first to write stories about a girl wanting to play basketball or about a boy and a girl falling in love were able to stop everyone else from ...

INTRODUCTION TO COMPARATIVE PUBLIC LAW

The concept of public law generally deals with laws between the state members and their government, or matters that specifically are of public interest, which includes constitutional law, administrative law, tax law and criminal law, as well as all procedural law.  It is a part of civil law that deals with the constitution and the working of the state, the functioning of its various departments and the relationship between states and its citizens. The comparison between these laws with the legal systems of other nations, make up the basis for comparative public law. It started in Paris during 1900, the year of world exhibition and can be traced back to Greece and the royal empire. Plato compared laws of Greek states in order to make an ideal constitution. Aristotle examined the constitutions of 153 states. Theophastrus also used comparative method to discover the main principles of various legal systems . WHAT IS COMPARATIVE PUBLIC LAW  Comparative public law It ...