This thesis examines the development of copyright and patent protection in the United States, United Kingdom and Australia and proposes that intellectual property is not the correct mechanism for protecting computer software. Both copyright and patent protection are evaluated in relation to their application to protecting the various elements of software. The increased desire for patent protection of software in the United States has recently impacted the debate over the correct regime for intellectual property protection. There has also been a corresponding restriction in the application of copyright protection by the courts. Combined with an undercurrent of sui generis software legislation being advocated by academia this has lead to the situation where there is continuing uncertainty over which method of protection should be provided for software. It will be shown that copyright is inadequate for the protection of computer software and that it does not address the correct element requiring protection. Patents, by corollary, provide protection that is excessive. The socio-economic effects of patent protection will be shown to demonstrate that it is not a worthy successor or adjunct to copyright. While copyright has attempted to protect one aspect (source code) patents have attempted to protect another (functionality). The thesis identifies the fundamental flaws in the protection offered by both regimes and proposes that they are equally unsuitable for the protection of software. Software will be shown to possess a diverse array of elements that are largely indivisible if adequate protection is to be provided. It is proposed that software be considered as a new form of property, referred to as Binary property, which covers informational and information processing entities. Further, the existing common law principles should be applied to the aspects that are at the heart of the intellectual property protection dilemma. In reality the elements requiring protection in software are activities that wrongfully duplicate a work or replicate it to create clones. It will be shown that the common law principles of theft, trespass, breach of contract and passing-off are suitable for protecting developers from these infringements. It will also be contended that any legislative intervention should be limited so that a certain degree of replication is allowable where there is a benefit to society through technological advancement or enhancement through standardisation. As such the application of common law principles are applied in a minimalist legalistic environment. The minimalist approach takes the position that there should be minimal legislative intervention in the computer industry. It proposes that there should be legislative intervention to enable the existing common law to take account of computer technology and provide for its continuing impact on society that will accelerate into the next millennium. It further shows that the continuing development of computer technology will outpace intellectual property necessitating the recognition of computer software as a unique form of new property in existing jurisprudence. The application of existing common law principles of property and the reduction in the monopolistic nature of intellectual property will not only benefit the highly dynamic and creative international computer industry but it will also be in the best interests of the Australian software development industry.

Canada's Patented Medicines (Notice Of Compliance) Regulations fail to achieve the intended purpose of balancing innovation with timely generic market entry. An examination of the inefficiencies created by the Canadian regulations reveals that key features of U.S. pharmaceutical law should be adopted to improve the disjointed regulatory system that impedes generic competition. Specifically, the regulations should be amended to consolidate multiple proceedings into one cause of action that evaluates patent validity. An economic incentive to challenge weak patents should also be introduced in Canada. These features encourage competition without deterring pharmaceutical research and development because only patents that are not truly inventive will be invalidated after a full inquiry. As such, the intellectual property laws will continue to satisfy Canada's international intellectual property obligations and protect innovative medicines and allow recovery of costs and monopoly profits to new and useful pharmaceutical products.

The past decade has seen an explosion in the availability of genome sequence data from public and private genome projects. Most notably, the complete human DNA genome sequence has been published and the locations of some of the genes have been mapped to individual chromosomes. Commensurate with the growth in sequence information, the biotechnology industry has become firmly established. Gene patents have played an important part in this industry, and there has been a marked increase in patent applications filed in the field of human genetic resource. However, concerns have been raised over the patentability of human genetic material through public protests and international statements, but to little effect. Discussed here are some of these concerns, the patent office's response to them in different jurisdictions, and ways in which to address these issues and to move the debate forward within current legal structures. / Durant la dernière décennie nous avons assisté à une explosion de données génomiques séquentielles provenant de projets publiques et privés. Le séquence complète du génome humain a été publiée ainsi que la localisation certains gènes a été tracée pour des chromosomes individuels. Avec I'accroissement de I'information séquentielle, l'industrie de la biotechnologie s'est sérieusement établie. Le brevets octroyés en regard des gènes a joué un rôle important dans cette industrie, aussi il y a eu une augmentation dans la demande de brevets dans Ie domaine du matériel génétique humaine. Cependant après plusieurs controverses publiques et la créations de règles internationales certains doutes ont été soulevés à propos de la « brevetabilité »du génome humain, mais impact. II sera question dans notre étude ces inquiétudes, de la réponse a ces inquiétudes par les bureaux des brevets différentes juridictions, ainsi que des divers moyens utilisés pour de ces problèmes tout en avançant le présent débat en utilisant les structures légales existantes. / "Mémoire Présenté à la Faculté des Études Supérieures en vue de l'obtention du Grade de Maîtrise En Droit Option Recherche"

ABSTRACT Emerging 3D printing technologies bring with it the potential to transform everyday consumers into manufacturers of every product imaginable. However, this impending wave of newfound technological capability is bound to crash against our present conventional system of laws and regulations. In this paper, the strengths and weaknesses of our current intellectual property framework are examined, and its ability to tackle the future 3D printing market is assessed. Particular attention is paid to our modern formation of copyright and patent law, including an analysis of the Digital Millennium Copyright Act (DMCA), the Repair-Reconstruction Doctrine and other substantial legal protocol. The legal battle between the Napster file-sharing service and the larger music industry is also explored, as it provides key insight into similar intellectual property divergences that may soon drive a stake between 3D printing businesses and more traditional manufacturers of physical goods. Finally, this paper suggests modifications to be made towards traditional sales models, the Repair-Reconstruction Doctrine, the implementation of the DMCA protections, and our application of the Fair Use Doctrine.

No description available.

This thesis examines the historical development and current state of amendment law in the Australian patent system. Initial research on modern amendment cases immediately showed that the confused, inconsistent and complex state of the law is a significant problem. There is a plethora of different analytical tools and legal tests being applied to assess an amendment, yet they were developed in a different area of patent law, that of fair basing. Such tools and tests are ill equipped to provide any real assistance to decision-makers faced with assessing an amendment. In fact, they seem to lead decision-makers away from applying the correct investigation as set out in the amendment provisions of the legislation. The thesis examines the history of amendment law so as to place its discussion of the current problems in context and provide a better understanding of why the problems arose. Four major events are discussed in the thesis. Together, these events have shaped Australian amendment law over the past century: (i) the development and introduction of the “substantially larger than or substantially different from” test into the British and Australian statutory amendment provisions; (ii) the development and introduction of the concept of fair basing into British and Australian patent law; (iii) the development and introduction of the modern British and Australian statutory test for amendments and the tiered amendment scheme; and (iv) the analogies drawn in modern British and Australian cases between fair basing and amendment that ultimately led to fair basing tests being cross-applied in Australia to assess the allowability of amendments. The thesis shows how the very harsh early British treatment of requests for amendment ultimately led to statutory change. It also locates, for the first time, the common law origins of the notion of “fair basing.” The 1949 British legislation implemented a new and different statutory test that was intended to liberalise the whole area of amendment law. It also added the requirement of “fair basing” into the legislation. However, the thesis shows that this last development occurred via well-intentioned legislators with a significant misunderstanding of patent law. The notion of fair basing injected a great deal of uncertainty into an area of law that was previously settled. Theoretically, and in practical application, it caused problems. Then, when decision-makers sought guidance on the new amendment provision, they applied the tests developed in fair basing cases to assess amendments, with the consequent deleterious effects. The Australian experience largely mirrored the British experience until 1977 when the British Act changed. The significance of the thesis is that it clearly demonstrates that the currently accepted dogma – that fair basing is equivalent to the “in substance disclosure” statutory test for amendments, so fair basing tests can be used to assess amendment – is unsound. The thesis isolates the problems inherent in the dogma and the examination of relevant case law confirms the main hypothesis that the current approach should be rejected. It simply operates to the prejudice of inventors, their competitors, the public and the patent system itself. Most importantly, the thesis shows that reform is urgently needed. Some possibilities for reform are suggested.

Diss. Göteborg : Göteborgs universitet, 2010.

Innovation is generally regarded as an essential aspect of the economic growth for a country. Intellectual property rights such as patents are often held in the same regard of importance towards promoting the pursuit of innovation. This paper examines this assumption and explores whether patent applications positively or negatively influence GDP growth in a sample of 4 countries chosen for their similarity in stages of economic development. In my research, I also test for the influence of patent applications on commercialized innovation. I find that GDP growth and commercialized innovation are negatively affected by patent applications. This suggests that the commonly assumed link between patents and innovation may need to be reevaluated, and that using patents as an indicator of the economic growth of a country may also need to be reevaluated.

1 Abstract Artificial Intelligence and Intellectual Property: This thesis deals with relationship of Artificial Intelligence and Intellectual Property. The main goal of this thesis is to provide its reader with a comprehensive overview of the issues of Intellectual Property in connection with creative and inventive activity of AI. Above all, the thesis examines whether it is possible for AI to acquire intellectual property rights to copyrighted works or inventions. In case of impossibility of obtaining rights by AI itself, it then then searches for the person who shall, according to the current legislation, become the owner of intellectual property rights, both abroad and in the Czech Republic. In order to meet the above set objectives, the work is divided into 4 parts, which are then divided into chapters. The first introductory part focuses on AI itself. It discusses its definition, categorization and considers the possibility of classifying AI as either natural or legal person. At the same time a proposal for the creation of a new special category of electronic person, as presented by the European Parliament's Committee on Legal Affairs, is discussed and, in addition, the author himself discusses the advantages and disadvantages of introducing a new category of person for which the term electronic person...

In writing this dissertation, the aim is to investigate the patentability of computer software - whether it is possible and legally advisable to make way for software patents in South Africa. This is an uncertain and highly debated area in our law. Ultimately, this study is aimed at checking the validity of proposed arguments and suggestions emanating from within the computer software patent debate itself. The Patents Act 57 of 1978 only excludes the patenting of computer software ?as such?. As a result, it is left open for interpretation what it is that the legislature meant by the phrase ?as such? and whether indeed computer software can be patented, since we lack case-law to clarify this point of law. Presently, there are arguments that software patents may possibly fall in line with the required growth and development for our country?s economy. The debate also revolves around the issue whether patents are better suited as legal protection for computer software in contrast to the protection offered under the Copyright Act 98 of 1978. This study will therefore be carried out with an aim to determine and recommend the suitable direction which our law should follow in order to have a competitive stance and facilitate economic growth for our country, specifically in the computer software industry. / Mini Dissertation (LLM)--University of Pretoria, 2016. / Mercantile Law / LLM / Unrestricted