Intellectual Property and Meaning of Product liability Essay

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Introduction

Intellectual Property (IP) is a general name that encompasses the laws governing or protecting trademarks, patents, designs layouts, and copyrights (Bainbridge 2003). In other words, they protect the property rights of inventors and creators for their creativity and inventions, thus giving them exclusive economic rights (Peleman 2006). IP helps the creator to create his things and own them similarly to the way one owns a physical property. This promotes further creativity and innovation since one is capable of controlling the use of his intellectual property. Intellectual property has many advantages but to sum them up they include; if someone uses another person’s IP without his consent, one can take legal actions and sue him or her. Again if the creator is not interested to use that IP, he can as well sell it the same way one sells a physical property. However, if he sells it, not unless he gets a license from the new owner, he has no right to use it. Finally, one can still use his IP with other people and still be in control of his IP by licensing them (Alee 2003).

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Types of Intellectual Property

Intellectual Property in the field of sports can be used in prosecuting, filling, and preparing federal trademarks and applications of copyright on behalf of the sports teams, leagues, and even the sports professionals. Intellectual Property also conducts transactions like copyright; drafting and negotiating for trademarks and more so in purchase agreements and licensing (Bainbridge 2003). IP also gets involved in counseling in sports leagues on how to protect their trademarks to avoid dilution and infringement. Among others, it also gives guidelines regarding the proper use of internal leagues Intellectual Property and also on how to protect the goodwill associated with it (Irwin 1999). There are four types of Intellectual Property. They are the patents, copyright, Trademarks, and Registered design.

This paper will look into each of these four types (Irwin 1999). The first type is the patents. They are for inventions. They also cover products with new technical aspects and all types of innovations. In the UK, many of the 2004 patents issued by then cover Internet and computer technological advances (Bainbridge 2003). The moment a patent has been authorized, it gives the owner the right to stop other people from either making or selling his products without his consent for at least 20 years. In addition to that, a patent can be registered if the product has never been used or made public anywhere in the world (Vidya 2000). This is very important especially for the investors for keeping their development behind the public domain until their patents have been granted (Bainbridge 2003). The second type of Intellectual Property is design. This IP concerns itself with protecting the general appearance of a product. The appearance may include; colors, texture, contour even patterns.

If a person for example comes up with a new sportswear design and be granted design registration he has the authority to stop others from using it (Peleman 2006). 25 years is the maximum number of years a registered design can take. A registered design just like any other Intellectual Property can be sold first like any other physical property. Many of the designers give licenses to manufacturers. At the end of it, the owner of the design gets a share of the profits made with an argument that the manufacture got the market for his products after using the new design (Vidya 2000). Trademark is another type of Intellectual Property that is mainly used for brand recognition. Different companies may have similar goods and services but the only way to distinguish these companies is by use of their designs. It is thus clear that a trademark can be used to market a company when customers are in a position to distinguish the products of a particular company (Bainbridge 2003). It is a marketing tool. This term is used interchangeably with the word logo. One can only stop the use of goods and services of another company if he has a registered trademark. Illegal use of a trademark is known as infringement (Irwin 1999) & (Bainbridge 2003).

Then lastly, another type of Intellectual Property is copyright. This is automatic protection of something that has been created or invented and fixed uniquely. Copyright does not require any official registration fee (Irwin 1999). Copyright is a result of creative skill or labor. There is the need for anyone using a copyright product to seek permission from the owner of the copyright. A copyright product or material is the original work of a creator or inventor. This right is the most commonly violated type of intellectual property especially in the music industry (Vidya 2000).

Intellectual Property in a sport industry

Sports form a very important aspect in both economic and cultural aspects (Vidya 2000). With so many participants in sports, sporting activities have developed a new phenomenon in present-day’s culture. In addition to entertaining the fans of these sports, it also brings out the need to address issues of intellectual property. There is a great need to examine issues of copyright and the use of publicity in sporting activities. The sporting industry is faced with issues of copyright sporting activities or events and also the statistics that are generated from the products of sports. There is a need to address issues of law to safeguard sport professionals and their leagues (Alee 2003) & (Vidya 2000). There have been several cases concerning sporting events and issues of copyright (Alee 2003). There was a case in 1976 between the National Basketball Association and Motorola Inc. there are other many cases that exist that can give credibility to professional leagues to file cases against offenders of federal copyright law. There has been a lack of copyright protection in underlying sporting Events. A good example is a case between the NBA and Motorola-sports Trax case where it was not entitled to copyright protection, found in the copyright Act of 1976. Copyright in addition to other types of intellectual property is necessary for sports industries to protect the rights of both the sports professionals and their sports leagues (Bainbridge 2003).

Product liability

Product liability is a field of law that accounts for the responsibility of producers, manufacturers, suppliers, and other stakeholders who avail products to the general public for the injuries those products cause the public. Most of these claims are associated with negligence, breach of warranty, strict liability in addition to other forms of consumer protection claims. These laws are determined at the National level (Irwin 1999). A product liability and negligence claim justified by the product having either a manufacturer’s defect, a designing defect, or failure to warn the consumer. Generally, claims of product liability are not only based on negligence but also a strict liability (Peleman 2006). This theory of strict liability states that the manufacturer should be held liable even though the customer acted negligently (Peleman 2006). Failure to warn customers is viewed by some legal commentators as being negligent. The theory of strict liability focuses on the product of the manufacturer rather than his behaviors as manufacture (Vidya 2000).

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The manufacturer is solely responsible for the defection of his products despite himself being innocent or not being negligent. The manufacturers do not like this regime of strict liability as they see it as harsh to them since they are forced to pay the injured customer. Strict liability causes controversy in judicial opinions especially in claims dealing with design and warning defects (Peleman 2006). Most of the time they find themselves applying the rule of negligence principles rather than strict liability. In product liability, there is the issue of breach of warranty where warranties are statements made during the commercial transaction by either the manufacturer or the seller over the product being sold. Unlike the negligence claim and strict liability that focuses on the behavior of the manufacture and the condition of the product respectively, breach of warranty deals with how these issues relate to a commercial transaction (Alee 2003). These claims usually require privity between the manufacturer and the injured customer. The warranty-based claims focus on either of the three types; breach of an implied warranty, express warranty, and thirdly breach of an implied warranty of fitness (Bainbridge 2003).

All products produced by manufacturers should be based on the safety standards of the consumer. A manufacturer should be restricted to sell his products not unless it is a safe product for both the consumer and his environment. Concerning information, the manufacturer should be bound to provide the consumer of the product with real information to enable him (consumer) access the rate of risks in using the product (Peleman 2006). The manufacture should adapt to the measures that are presented by his products to avoid future repercussions that can necessitate him to either withdraw or change the product. Distributors of these products should not supply or sell products that they know are dangerous to the consumers. Another regulation that a distributor should do is to actively participate in detecting products that place a threat to the consumer (Irwin 1999). The distributor should get involved in informing both the consumer and the manufacturer on the risks of using the products and be at the forefront to take action to avoid such risks.

CE marking is done on unique products (Vidya 2000). They are made to measure products of low value. Trusts on a product are based on trust that exists in personal contact with the product and proximity. Due to this proximity and personal trust in these unique products CE marking should not be compulsory to all products (Alee 2003).

All manufacturers and distributors should ensure safety precautions on their products. The consumers need to be given enough information concerning the products (Vidya 2000). The product must have a label for health hazards and safety precautions because they are essential to the consumer of the product. There is a need to have a hazard label consisting of a hazard description of the product (Bainbridge 2003). There is also the need to have a data sheet on the safety of the product that should have identification of the substance information of the ingredients among other safety hazards and safety precautions (Vidya 2000).

Conclusion

In conclusion, Intellectual Property (IP) is a general name that encompasses the laws governing or protecting trademarks, patents, designs layouts, and copyrights (Bainbridge 2003). IP helps the creator to create his things and own them similarly to the way one owns a physical property. Intellectual Property in the field of sports can be used in prosecuting, filling, and preparing federal trademarks and applications of copyright on behalf of the sports teams, leagues, and even the sports professionals.

Product liability is a field of law that accounts for the responsibility of producers, manufacturers, suppliers, and other stakeholders who avail products to the general public for the injuries those products cause the public. All products produced by manufacturers should be based on safety standards of the consumer CE marking is done on unique products (Vidya 2000). They are made to measure products of low value. All manufacturers and distributors should ensure safety precautions on their products.

References

Alee John. Product Liability, Amcom pub. England. (2003) pp 47-99.

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Bainbridge John. Intellectual Property, Longman pub. Great Britain. (2003) pp 112-145.

Irwin Gray. Product Liability: A management response, Arnold pub., UK (1999) pp 46-89.

Peleman Michael. Intellectual Property Rights, Palgrave Pub. UK, (2006) pp 76-98.

Vidya Silvia. Copyrights and Copywrongs: Intellectual Property, Brookings Pub. (2000) pp32-78.

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IvyPanda. (2021) 'Intellectual Property and Meaning of Product liability'. 28 September.

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IvyPanda. 2021. "Intellectual Property and Meaning of Product liability." September 28, 2021. https://ivypanda.com/essays/intellectual-property-and-meaning-of-product-liability/.

1. IvyPanda. "Intellectual Property and Meaning of Product liability." September 28, 2021. https://ivypanda.com/essays/intellectual-property-and-meaning-of-product-liability/.


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IvyPanda. "Intellectual Property and Meaning of Product liability." September 28, 2021. https://ivypanda.com/essays/intellectual-property-and-meaning-of-product-liability/.

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