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    Intellectual Property I Estg

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    Adedayo Adeyinka
    This is intellectual property law questions for practice

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    Intellectual Property I Estg

    Uploaded by

    Adedayo Adeyinka
    4 views2 pages
    This is intellectual property law questions for practice

    Original Title

    INTELLECTUAL PROPERTY I ESTG

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    © © All Rights Reserved

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    This is intellectual property law questions for practice

    Copyright:

    © All Rights Reserved
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    Download as docx, pdf, or txt
    4 views2 pages

    Intellectual Property I Estg

    Uploaded by

    Adedayo Adeyinka
    This is intellectual property law questions for practice

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    ESTG

    FIRST SEMESTER EXAMINATION

    COURSE TITLE: INTELLECTUAL PROPERTY I COURSE CODE: LAW

    INSTRUCTION: ANSWER QUESTION 1 AND ANY OTHER 2 TIME: 2hrs

    It is an age long principle of copyright law that there is no protection of ideas per se unless they are
    embodied in permanent form. Donoghue v. Allied Newspaper (1938) Ch. 106 at 109, it was held that
    copyright exists to protect works and not ideas. The use of the word idea/expression is in Article 2 of the
    Berne Convention. Ownership as a concept that is peculiar to copyright is paramount in the law of
    intellectual property. As copyright is a property right, the owner of the copyright possess economic right
    while the author of a work possesses the moral right of the work, They both could be the same persons
    or different people. The concepts of globalization and integration of regional and national economy have
    produced a swell effect in the various facades of world economy. Intellectual property is no exception. It
    is significant to note that the creation of international and national conventions and legislation has
    helped the world of intellectual property to grow beyond imagination.

    Copyright infringement is the unauthorized use of the work of an author. It could also mean the
    unauthorized or prohibited use of works under copyright, infringing the copyright holder's exclusive
    rights. The alleged infringer of a copyright can raise a whole lot of issues in defense of the alleged claim
    of infringement of copyright. For instance, he could raise the defense like the work taken is an idea and
    not an expression of the said author or that the work taken is also not protected by any section of the
    Copyright Act. An infringer could also claim that he has a license, or that copyright does not subsist in
    the said work, or the act complained of was not done in relation to a substantial part of the work. An
    author’s moral right can be protected indirectly because the act complained of might also involve a
    normal infringement of copyright. In moral rights only, the copyright owner could bring a legal action for
    infringement and an author who did not own the copyright in his work cannot bring an action except the
    treatment of the work was defamatory.

    1. Briefly define and explain the concept of intellectual property.


    a. Explain the concept of copyright
    b. Discuss the criteria for originality in a copyright law and the need for permanent form.
    c. Identify the principal international conventions which affected the Copyrights Act, 1990.
    d. List all the works that are eligible for copyright under the Copyrights Act, 1990

    2. Explain the nature of copyright infringement


    a. Critically analyze the rights of paternity and integrity in moral rights.
    b. The Ownership of a work flows from authorship. discuss

    3. Copyright lasts for the life of the author plus 70years for literary, dramatic, musical and artistic
    work. Briefly explain the context and its rationale of this statement.
    a. For the defense of fair dealing in copyright infringement to succeed, the defendant must
    show that the use of the copyright was fair. Discuss.
    b. The law of breach of confidence cannot be overemphasized especially as it relates to
    commercial information. The Human Rights Act of 1998 attempts to protect the right to
    privacy of the individual with a view to complementing the various municipal statutes.

    4. What are the main differences between World Intellectual Property Organization (WIPO) and
    World Trade Organization (WTO).
    a. Explain the interim remedies that may be available to a copyright owner before an
    infringement action comes to trial.
    b. Briefly explain the relationship between confidential information and copyright law.
    c. Explain the remedies available to the successful claimant in an action for breach of
    confidence.

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