Critically analyse the requirements for protecting the shape of a Essay

Critically analyse the requirements for protecting the shape of a product as a registered trademark and as a registered design u - Essay Example Critically Analyse the Requirements for Protecting the Shape of a Product as a Registered Trademark and as a Registered Design under EU Law By Student Name Course Institute Date Introduction Intellectual property rights protection and enforcement are usually left to national laws of the EU member states. However, as a result of the common market principles, the EU has increasingly harmonized intellectual property protection and enforcement. ... n the Regulation relative to the Community designs as they have direct effect in the Community whereas Directives provide the content that Member states are required to implement into law.11 However, since a number of important cases were decided under the EC Directive on the harmonization of trademarks, the EC Directive and Regulation will be discussed relative to the EU’s trade mark law and protection of shapes. This paper will be divided into two main parts. The first main part of this paper will discuss and analyse the EC Regulation and Directive and case law relative to the registered protection of shapes as a registered design. The second main part of this paper will discuss and analyse EC Regulation and Directive and case law relative to the registered protection of shapes as a registered. The Requirements for Protection of Shapes as Registered Design By definition a design is a â€Å"legal instrument† that provides protection for â€Å"creations that take the f orm of the external shape of products or of parts of products†.12 However, in order to be a registered design and to be accorded Community protection, the shape must be â€Å"new† and have â€Å"individual character†.13 Even where the shape is new and has individual character, and forms part of a design, it must be â€Å"visible during normal use†.14 Normal use is defined as â€Å"use by the end user,† and does not include â€Å"maintenance, servicing or repair work†.15 The visibility rule is obviously meant to ensure that any part of the design or any shape to which protection is sought as a registered design, must be seen by those who use the product. After all, one of the main functions of intellectual property protection is to prevent imitations and free riding off the reputation and labour of another.16

Transforming the Enterprise with IT Phase 2 Individial Project Essay

Transforming the Enterprise with IT Phase 2 Individial Project - Essay Example Every single second we came across new technology, new inventions and of course innovations i.e. existing with new add-ons. This was the basic introduction. Let’s turn the pages to enterprise. What is an enterprise? Or in others words define ‘enterprise’? Quite a puzzling question. But the only answer is- â€Å"Enterprise may be defined as the place where all the W’s are fully sorted and compatible with each other i.e. What, How, Where, Who, When and Why and some groups of Visionary, Owner, Designer, Builder, Implementer and Worker are brought up together to give a holistic view of enterprise.† Now let us walk to the way of IT (Information Technology), an ace up your sleeve. â€Å"Information technology has ballooned to encompass many aspects of computing and technology, and the term is more recognizable than ever before. The information technology umbrella can be quite large, covering many fields. IT professionals perform a variety of duties that range from installing applications to designing complex computer networks and information databases. A few of the duties that IT professionals perform may include data management, networking, engineering computer hardware, database and software design, as well as the management and administration of entire systems.† IT can be best viewed as the â€Å"use of computers for designing, developing, implementing, supporting and managing information system.† Enterprise is like a container (tumbler) which holds the IT in it .It is a shell (enterprise) in which pearl (IT) is safe, growing and increasing day-by-day and the hardware& software used is its shine. This would result in e-business (online business), B2B (business to business), B2C (business to customers) and B2E (business to employees) solutions. The main key to success of any organization is business intelligence. One should have a thorough knowledge of business intelligence. But