Locke propounded the theory that protection of property is to justify it as a reward for the labor put in to create / generate it by the creator. Locke started his theory with the presumption that ‘every man has a property in his own person'. Locke claims that an individual's labor belongs to that individual Thus the origin of property is stated by him as “Whatsoever then he removes out of the State that Nature hath provided, and left it in, he hath mixed his labor with, and joined to it something that is his own, and thereby makes his property”. He propounded that goods were converted from ‘commons' after people exerted labor. Thus, in the case of intellectual property, he state that ideas were taken from a common pool and was the result of mental and/or physical exertion. Under Locke's theory, labor adds value to goods. Labor is considered as an unpleasant activity for which people should be rewarded or should be motivated to perform by securing benefits in return. This is also called the ‘labor avoidance' theory.
[...] In the present case, B has contributed lyrics to the song and is thus vested with a copyright over the words used in the song. But as these are done for the purpose of a movie, the producer is vested with full rights to utilize the words of the song and make public performance of it. The Singer is vested with a copyright over the sound recording made by him in the course of the song. Thus he is vested with a copyright over the style in which the song has been sung. [...]
[...] Subsequently, another company Y modified the Jump Jack and remedied the problem that prevailed in it and named it Jump Jill and sold it with a similar logo and writing style as that of Jump Jack. Issues involved: 1. Whether Jump Jill can be patented? 2. Whether the copying of the Logo violates Creative Inc's trademark? 3. Whether S.30 of the Trademark Act applies to 4. Whether Creative Inc. can claim a copyright violation with regard to its style of writing? [...]
[...] WIPO Copyright Treaty (WCT) and the WIPO Performers and Phonograms Treaty (WPPT) bring copyright law in line with the digital age. The WCT and the WPPT establish important new international norms related to the right to make a work available to the public through interactive media. They also provide for the protection of copyright management information and technological measures used to protect copyrighted works. Also incorporate provisions from our own Digital Millennium Copyright Act. These include Internet Service Provider (ISP) liability, protection against anti-circumvention devises, and satellite signals. [...]
[...] It was held that the particular use of the invention for the purpose described in combination with the other elements of the system for producing advantageous results would be a sufficient element of novelty to support the patent. Section of the Patents Act as amended in 2002 defines invention as a new product or process involving an inventive step and capable of industrial application. An inventive step is defined as a feature that makes the invention not obvious to a person skilled in the art and its existence is a question of fact. [...]
[...] The Code specifically requires that the specification of a patent application teach a person with ordinary skill in the art to which the invention pertains to make and use the invention. The courts have relied on three types of utility to decide on patent applications. They are as under: General utility: This depends on whether an invention is operable or capable of any use, i.e., whether the invention as claimed can really do anything. Specific utility: Under this, the question really is whether or not the invention works to solve the problem it is designed to solve? [...]
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