1. Pre-reading activity Dan Browns book The Da Vinci Code has been a highly controversial and much disputed book. Briefly explain why this has been the case.
2. Reading Consult the Internet document on the legal fundamentals of intellectual property on the following address: http://www.piercelaw.edu/tfield/pLfip.htm before doing the vocabulary exercises. Text extracts 2 and 3: Arbitration in the field of intellectual property.
Extract 2 A WIPO Patent Mediation A technology consulting company holding patents on three continents disclosed a patented invention to a major manufacturer in the context of a consulting contract. The contract neither transferred nor licensed any rights to the manufacturer. When the manufacturer started selling products which the consulting company alleged included the patented invention, the consulting company was holding patents. The parties started negotiating a patent license with the help of external experts but failed to agree on the royalty as the multimillion dollar damages sought by the consulting company significantly exceeded the amount the manufacturer was willing to offer. The parties submitted their dispute to mediation under the WIPO Rules. The WIPO Arbitration and Mediation Center suggested to their parties potential mediators with specific expertise in patents and the relevant technology. The parties chose one of those mediators, who conducted a two-day meeting in which the parties eventually reached a settlement that not only covered the royalty issue, but also included agreement on future consulting contracts. The mediation was thus instrumental in transforming a hostile situation in which the parties were preparing to engage in prolonged and expensive litigation into one in which they were able to conclude an arrangement which suits the business interest of both parties and ensures the profitable use of the technology in the service of those interests. Module III. Legal English Explored Intellectual Property Law The Center, together with the mediator, has prepared a more detailed, step-by-step description of the development of this WIPO mediation.
Extract 3 A WIPO Copyright Mediation A Dutch company concluded a copyright license with a French company regarding the publication of a technical publication. The license agreement includes a WIPO mediation clause. The license became insolvent and defaulted on the royalties due under the license. When the licensor requested the mediation procedure, the Center, after consultation with the parties, and with approval of the court appointed liquidator, appointed an intellectual property specialist as the mediator. Following two meetings between the parties and the mediator, a settlement agreement was concluded. http://www.arbiter.wipo.int/mediation/case-example.html. 1/09/2005
2.1 Exploration of Content Contrast the following notions: Patent Copyright Trademark Brand Arbitration Mediation License Transfer Royalty Fee Commercial Property Intellectual Property
Module III. Legal English Explored Intellectual Property Law 2.2 Vocabulary Study Practice 1. Anagrams. Put the letters in the correct order Explanation Anagrams Correct Word Official document showing that a person has the exclusive right to make and sell an invention nettap .. To break a law or right gerfiinn .. Particular name, design which identifies a product and has been registered by the maker meadrtrak .. Officially recorded eeeidrtsgr . To go to law aegiiltt ..
2. Fill in the blanks. a. Patents, copyrights, and are known as intellectual b. Copyrights may last to 70 years beyond the .. lifetime. c. Trademarks or brand names also need to be .. with the patent office. d. Patents can be licensed. This is a promise not to sue, e.g. if ............... (octrooirechten) are paid. Also Trademarks can be licensed. An enormous .. industry has grown up around this. e. Remedies for trademark .. include among others ., seizure and destruction of infringing articles. f. . Is the recognized way of resolving international business conflicts. It keeps disputes away from the public eye, while litigation happens in court.
Module III. Legal English Explored Intellectual Property Law 3. Fill in the missing link (same word or derivational form per letter). a. to .. a patent (=to have an exclusive right) a license er b. to grant a . (= to give so the permission to sell, distribute your products) an exclusive .. c. patent . (official notification to the patent office) d. to reach an out-of-court .
4. Fill in the missing words. If in doubt, you can find help in the following list: Liable to, Royalties, Registered, License, Dispute, Employment tribunal, Patentability. a. In spite of the fact that a European Biotechnology Directive excludes human cloning processes from .. , large pharmaceutical companies will try to capitalize on discoveries by smaller research center that have failed to properly protect their findings. b. The newly .. trademark may be found invalid because it bears a suspiciously stark similarity to an existing trademark. c. The defaulted on the . Due under the license. d. The chemical plant will be . Huge claims from patent holders.