Abstract
The current development in information and communication sectors has increased the level of innovations. This has ultimately created economic, cultural, social, and educational opportunities for many young people all over the world. Creativity and productivity has also been enhanced. Due to the job opportunities created by the current innovative skills displayed by young people in ICT and other related fields, protection is paramount. To reduce the effects of competition, companies or individuals should be protected against patent infringement to enhance their profit margins. In an event where patent rights have been violated, the plaintiff can seek the courts interjection on the matter.
Differentiate Between Personal, Real, and Intellectual Property Issues
There are two types of properties, which are legally recognized and they are personal and real property. However, recent developments have included a third type, which lies in the personal property category but has a unique characteristic. Intellectual property is the new category that has developed especially in the current technological development where creativity is rapidly taking precedence (Cheeseman, 2013). The three types are defined as follows:
Personal Property
Personal property includes anything that can be owned by individual apart from land. Such properties are also known as movable properties. These are possessions that one can carry or transport from one place to another (Cheeseman, 2013). They are not fixed or attached to a particular place. Such properties may include a wristwatch, a car, and a laptop, among other tangible possessions.
Real Property
Real properties on the other hand include land and anything erected, planted, or attached to it. These are tangible but immovable possessions. They may include houses erected on a piece of land, crops planted on it and even the mineral found under it. The there are some personal properties that can change their characteristics to become real properties depending on their functions. However, real properties are majorly signified by their characteristic immobile nature.
Intellectual Property
Intellectual property as mentioned earlier is a personal property in the sense that it is mobile and not fixed to a particular land. However, this type of property is different from the other personal properties. While most of the personal properties are acquired through other means, intellectual property is a creation of the human brain. It involves invention resulting from an individual’s creativity and it may be in design, literature, and symbols.
Appropriate Methods to Address Potential Property Issues
Negotiation is one of the different methods that patent issues can be resolved outside the court. When a complaint has been raised by the plaintiff, the offender can chose to have an outside court settlement where he or she can pledge to pay any cost of damages or losses that the plaintiff has suffered. While negotiations can be between the two parties, Arbitration on the other hand involves an unbiased third party. Arbitration is a form dispute resolution that gives the parties an opportunity to resolve heir issues outside the court hence saving on legal fees.
The parties involved are bound by the arbitration decision made by the third party after evidences of infringement have been tabled or proven (Cheeseman, 2013). Lastly, litigation is the ultimate method used when all other dispute resolution methods have failed. This involves filing a case in a court of law and seeking legal intervention on a patent issue. Through litigation, a plaintiff seeks to enforce a particular right in this case a patent through the lawsuit or a judicial contest (Cheeseman, 2013).
IRAC Case Briefing
Sandeep Jaidka vs Mukesh Mittal & Anr. On 9 May, 2014
Issue
Sandeep Jaidka was complaining about a rights infringement by Mukesh Mittal & Anr. The plaintiff complained of an infringement of its registered device for producing heating, cooling, and aromatic effects in a film. The plaintiff created this technology through a novel system that gives electronic equipments the capability to emit the desired effects.
Rule
The court ruled in favor of the defendant citing several reasons as to why the patent claimed was invalid in this case. According to the ruling, the patent claimed was neither an innovation nor an invention. According to the ruling, every part of the patent claim has been part of prior art and several patents had been given on the same matter before.
Analysis
In this case, it clear that there is no any forms patent infringement as filed by the plaintiff. The complainant is only seeking to have a free protection on abroad subject in order to limit possible competition. The filed patent infringement is clearly part of general art that cannot be limited to one innovator. Cooling systems and aromatic emissions in an electronic gadget is a broad technological experimental platform hence this cannot be tamed to give such rights to a single developer.
Conclusion
The court concluded that the plaintiff did not have a case and the defendant had not contravened any patent rights with regard to this case. The court argued that the said patent was filed in the late 1920s and the same paten has been in public domain ever since.
Reference
Cheeseman, H.R. (2013). Business law: Legal environment, online commerce, business ethics, and international issues (8th ed.). Upper Saddle River, NJ: Prentice Hall.