Материал: 217

4. principle of stare decisis d) cause harm to a patient by

Exercise 5. Discuss these questions

1.What is arbitration?

2.What is the difference between arbitration and litigation?

3.What are the areas of arbitration ?

4.How old is arbitration in the United States ?

5.What is the traditional arbitration model ?

6.In what cases do courts sometimes order disputants into arbitration?

7.Why are arbitrators freer than judges to make decisions ?

8.What are the two kinds of unprotected expression?

9.Why may a court vacate, or overturn, an award?

47

TEXT 10.

Intellectual Property

Intellectual property is the area of law that deals with protecting the rights of those who create original works. It covers everything from original plays and novels to inventions and company identification marks. The purpose of intellectual property laws are to encourage new technologies, artistic expressions and inventions while promoting economic growth. When individuals know that their creative work will be protected and that they can benefit from their labor, they are more likely to continue to produce things that create jobs, develop new technology, make processes more efficient, and create beauty in the world around us.

There are three main mechanisms for protecting intellectual property in the United States: copyrights, patents and trademarks.

Copyrights

Copyrights protect the expressive arts. They give owners exclusive rights to reproduce their work, publicly display or perform their work, and create derivative works. Additionally, owners are given economic rights to financially benefit from their work and prohibit others from doing so without their permission. It is important to realize that copyrights do not protect ideas, only how they're expressed.

Patents

Patents protect an invention from being made, sold or used by others for a certain period of time. There are three different types of patents in the United States:

Utility Patents - these patents protect inventions that have a specific function, including things like chemicals, machines, and technology.

Design Patents - these patents protect the unique way a manufactured object appears.

Plant Patents - these patents protect plant varieties that are asexually reproduced, including hybrids.

Inventors may not assume that their creation is patented unless they apply and are approved for a patent by the US Patent and Trademark Office. This

48

process can be complex and time consuming. It is a good idea to hire an intellectual property attorney to make sure you file the appropriate

paperwork and get the patent you need to protect your invention and make it profitable.

Trademarks

Trademarks protect the names and identifying marks of products and companies. The purpose of trademarks is to make it easy for consumers to distinguish competitors from each other. Trademarks are automatically assumed once a business begins using a certain mark to identify its company, and may use the symbol TM without filing their symbol or name with the government.

There are strict laws in place to protect intellectual property rights. When intellectual property rights are violated, it is important to hire an intellectual property lawyer. An experienced attorney can help you sue for damages that include lost royalties. If your case is successful, the person who violated your intellectual property rights may be required to pay for all of your legal fees in addition to compensating you for using your work without your permission.

WIPO

WIPO is the global forum for intellectual property services, policy, information and cooperation. It is a self-funding agency of the United Nations, with 186 member states. The Headquarters of the organization are located in Geneva, Switzerland

Their mission is to lead the development of a balanced and effective international intellectual property (IP) system that enables innovation and creativity for the benefit of all. The mandate, governing bodies and procedures are set out in the WIPO Convention, which established WIPO in 1967.

Some 250 non-governmental organizations (NGOs) and intergovernmental organizations (IGOs) have official observer status at WIPO meetings.

We help governments, businesses and society realize the benefits of IP.

WIPO provides:

49

a policy forum to shape balanced international IP rules for a changing world;

global services to protect IP across borders and to resolve disputes;

technical infrastructure to connect IP systems and share knowledge;

cooperation and capacity-building programs to enable all countries to use IP for economic, social and cultural development;

Businesses and innovators need easy, cost-effective ways to protect their inventions, their brands, and their designs in multiple countries. WIPO offers a range of global services for protecting intellectual property (IP) across borders, and for resolving IP disputes outside the courts.

International Alternative Dispute Resolution services enable you to resolve IP disputes outside the courts, in a single neutral forum, saving significant time and money. Fast, flexible and cost-effective services for settling IP and technology disputes outside the courts include:

Mediation — where an impartial mediator helps two or more parties in dispute reach a mutually acceptably agreement between themselves.

Arbitration — where the parties agree to submit their dispute to an arbitrator, who then makes a final, binding decision (award).

Expert determination — where the parties agree to submit a specific issue (such as a technical question, or the valuation of an IP asset, or royalty rates) to one or more experts who make a determination.

Exercise 1 Find these words and word combinations in the text.

a)получить выгоду от

b)эксклюзивные права

c)производные работы (от чего-л. ранее существовавшего)

d) без разрешения

e) обратиться за патентом

f)упущенное роялти, авторский гонорар, авторские отчисления, лицензионные отчисления

g)в нескольких странах

50

h) беспристрастный посредник

Exercise 2 Say if the sentences are true or false. Correct the wrong ones.

1.The purpose of intellectual property laws are to encourage new technologies, artistic expressions and inventions while promoting economic growth..

2.There are four main mechanisms for protecting intellectual property in the United States: copyrights, patents, trade secrets and trademarks.

3.Сopyrights protect ideas and their form of expression.

4.Patents protect an invention from being made, sold or used by others forever.

5.The process of applying and getting approval for a patent by the US Patent and Trademark Office can be fast and easy.

6.Trademarks protect the names and identifying marks of products and companies.

7. World Intellectual Property Organization is a self-funding agency of the United Nations, with 101 member states.

Exercise 3 Complete these sentences.

1.Intellectual property is the area of law that deals with ………………..

2.The purpose of intellectual property laws are …………………

3.Copyrights protect …….

4.Patents protect …………………………….

5.Trademarks protect …………………………

6.WIPO is the global forum for ……………………………………..

Exercise 4 Match these terms and their definitions.

1. Utility Patents a) patents protecting plant varieties that are asexually reproduced