Intellectual Property Rights Essay Example | Topics and Well Written Essays - 1000 words

Intellectual Property Rights - Essay ExampleMore specifically, since this case involves a sign which would de none a product, it is considered as a copyrighted symbol. To the original creator, the law permits him to decide the terms and conditions of the trade of the property in order to earn financial benefits. He advertises the work and sells nonexclusive rights of his logo to six diametrical entities at 29 dollars a piece. The non-exclusivity of the sale shows that he still owns the logos he holds the original rights to the logos. B would, therefore, be compelled to agree to the terms fronted by A in order to gain ownbership of the same. In this case, B seeks to do away with the logo created by A, this would still compel the former to agree to the same terms. B creates a logo one year later and sells it to C. However, the logo is has striking semblances to that created by A barely B alludes that it is an independent creation. B sells the logo innocently ignorant of the fact t hat his logo resembles that created by A one year earlier. However, the assumption is that A was the original creator of the logo. A lawful solution to the give away comes in the form of B seeking to purchase As logo. The case presented herein requires befool legal outlines to guide the process of purchase of As logos. By extension, it should not be disregarded that Bs logo only showed affinity to As creation and that it was not necessarily an act of infringement on a copyright. Besides, there are no legal stipulations which determine similarities of copyright symbols. It is out of Bs own will that he seeks to sort out an apparent comparison in the two logos by buying As. ANALYZES 1. Trying to buy the rights from A is the almost objective move since B cannot register the same logo which A created a year earlier. This is scorn the two logos being not the same. B needs to buy all the exclusive rights from A. This would hold open B the possible embarrassment from the similari ty in the two logos. However, the sale is complex because A had exchange some nonexclusive rights to six other clients whom he met on the internet. The other clients might pose a legal challenge. However, if they have not started using the logo, we should look for ways to cancel the licensing agreement with the other six people. because we kindly ask for the licencing agreement so that we can find clasues that could be in favour of B. Also, C will require the exclusive rights of his client, B. 2. C may sue B and they would be justified to cover such a move. However, such a move would not be advisable. This is because in spite of the similarity in the two logos, Bs work could be genuinely out of creativity and not from copying As work. The alternative would be for C to go with the buy out as B seeks to do. In addition, proving what infringement has occurred when the two logos are compared bears no ground. The only legal create would be a patent which must have been legally docume nted. In the absence of such, there is no legal test which is admissible in a legal proceeding. B should, therefore, try to prevent a court case. The idea of buying out the logo from A would be the best decision. This might as well go well with A who has earned little money from the creation. It is documented that A put up the logo for thirty dollars for a single and an exclusive use. Consequently, Bs offer of one gram Euros would be a better deal given the previous pays that A had hoped for. 3. D might rig out a complaint against C in case it uses the logo without sorting out the issue of similarity.