AFRICA (CUEA) FACULTY OF LAW BACHELOR OF LAWS INTELLECTUAL PROPERTY LAW COURSE OUTLINE AND NOTES BY: WILSON MAROTSE MULEI PhD candidate (JKUAT) ‚LLM (London)‚ LLB (Moi)‚ Dip. Law (KSL) Attorney at Law‚ EAC Intellectual Property Law Contents Chapter 1 Copyright Copyright works Subject matter Criteria for protection Authors and owners Authors and first owners Duration of copyright protections Infringement of copyright Nature of the rights Infringement: general
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Old System Title Legal Interests under Old System Title S184G CA: priority given to the earlier same as s 12 of the former Registration and Deeds Act. If the four elements are satisfied‚ namely: 1. Instrument relating to the land (excludes wills) must be effective and not void 2. Made in good faith a. There must be no fraud – Re Cooper b. It must be bona fide - Marsden v Campbell c. Notice only effective after registration‚ no notice before registration‚ but after settlement – Scholes
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Intellectual Property Rights (RC Pg 192) Trade Marks s2 A trademark is a visually perceptible sign capable of being graphically represented and which is capable of distinguishing goods and services provided by one business from that provided by another. Sign includes matters such as letter‚ word‚ name‚ signature‚ numeral‚ label‚ color‚ shape‚ aspect of packaging or any combination thereof. There is a need to register the trademark. Grounds for refusal of registration s7(1)b s7(1)c
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case study that mainly comprises intellectual property issues. The report will focus to answer the questions in the case study‚ Mcdonald Muckraker. Areas generally examine are the problems that they face currently and problems in the foreseeable future and lastly solutions for the potential problems. 2.0 QUESTION 1 PART: I What are the problems currently? What have they done wrong? Identify the problems. Lack of market and product research Many entrepreneurs do not realise the importance of developing
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2.2.3 Purposes of Real Property Valuation There are five elements of property value: Production: productivity is the way of enhancing or hindering capacity for valuation Utility: Utility is the ability to arouse desire for its possession or use. Scarcity: The object must be relatively scarce to satisfy the demand. Demand: There must be a need and ability to purchase. Transferability: It must be possible to transfer good title with ease (Donald A. Corb‚ JD and Richard A. Giovangelo‚ 2013-14)
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School of Law LAW OF PROPERTY II EQUITY & TRUSTS Syllabus The nature of equity and the trust Express trusts o Certainty of intention‚ subject matter and objects o The beneficiary principle o The constitution of trusts o The duties of trustees and breach of trust Resulting trusts Quistclose trusts Constructive trusts Trusts of homes Personal liability to account Tracing Lecture - Course Documents 2009-10 1 Queen Mary University of London School of Law LAW OF PROPERTY
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registered interests * Frazer v Walker – ‘indefeasibility of title is convenient description for the immunity from attack by adverse claim to the land or interest in respect of which he is registered‚ which a registered proprietor enjoys’ Real Property Act 1900 Indefeasibility | Statute | s 42 (1) – Key indefeasibility provisionThe registered proprietor’s title is not to be postponed against anyone (they are paramount from unregistered interests) * Paramount from unregistered interests
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of Protecting Intellectual Property Rights in China The article discusses a problem‚ which foreign investors face while operating in one of the most strategic markets in the world – China. According to the article‚ corporations‚ which operate in China face a great challenge in protecting their intellectual property rights on that market. The article discusses three major points. First of all‚ it suggests that China is a strategic market for a lot of companies‚ but these very same companies must
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GIFTS IN PROPERTY LAW ------------------------------------------------- Anweshaa Majumdar BA LLB 2ND YEAR 20110089 JGLS ------------------------------------------------- CONTENTS * Definition of a Gift * Essential elements of a Gift * Mode of
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MOSK GIVES US MOORE OF AN IDEA ABOUT PROPERTY Contents MOSK GIVES US MOORE OF AN IDEA ABOUT PROPERTY 2 INTRODUCTION 3 PROPERTY DEFINITION 4 ADAPTABILITY 5 LEGISLATIVE GUIDANCE 6 ETHICS AND EQUITY 7 WEAKNESSES OR STRENGTHS? 10 POST ‘MOORE’TEM 13 CONCLUSION 14 INTRODUCTION The question of property rights in human tissue has traditionally been relevant in matters concerning dead bodies. However‚ with the rise of Biotechnology human tissue storage is increasing rapidly
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