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Module III.

Legal English Explored Intellectual Property Law


CHAPTER 5
INTELLECTUAL PROPERTY LAW

1. Pre-reading activity
Dan Browns book The Da Vinci Code has been a highly controversial and much disputed book.
Briefly explain why this has been the case.

2. Reading
Consult the Internet document on the legal fundamentals of intellectual property on the
following address: http://www.piercelaw.edu/tfield/pLfip.htm before doing the vocabulary
exercises.
Text extracts 2 and 3: Arbitration in the field of intellectual property.

Extract 2
A WIPO Patent Mediation
A technology consulting company holding patents on three continents disclosed a
patented invention to a major manufacturer in the context of a consulting contract. The
contract neither transferred nor licensed any rights to the manufacturer. When the
manufacturer started selling products which the consulting company alleged included the
patented invention, the consulting company was holding patents.
The parties started negotiating a patent license with the help of external experts but
failed to agree on the royalty as the multimillion dollar damages sought by the consulting
company significantly exceeded the amount the manufacturer was willing to offer.
The parties submitted their dispute to mediation under the WIPO Rules. The WIPO
Arbitration and Mediation Center suggested to their parties potential mediators with specific
expertise in patents and the relevant technology. The parties chose one of those mediators, who
conducted a two-day meeting in which the parties eventually reached a settlement that not only
covered the royalty issue, but also included agreement on future consulting contracts.
The mediation was thus instrumental in transforming a hostile situation in which the
parties were preparing to engage in prolonged and expensive litigation into one in which they
were able to conclude an arrangement which suits the business interest of both parties and
ensures the profitable use of the technology in the service of those interests.
Module III. Legal English Explored Intellectual Property Law
The Center, together with the mediator, has prepared a more detailed, step-by-step
description of the development of this WIPO mediation.

Extract 3
A WIPO Copyright Mediation
A Dutch company concluded a copyright license with a French company regarding the
publication of a technical publication. The license agreement includes a WIPO mediation clause.
The license became insolvent and defaulted on the royalties due under the license. When the
licensor requested the mediation procedure, the Center, after consultation with the parties, and
with approval of the court appointed liquidator, appointed an intellectual property specialist as
the mediator. Following two meetings between the parties and the mediator, a settlement
agreement was concluded.
http://www.arbiter.wipo.int/mediation/case-example.html. 1/09/2005

2.1 Exploration of Content
Contrast the following notions:
Patent Copyright
Trademark Brand
Arbitration Mediation
License Transfer
Royalty Fee
Commercial Property Intellectual Property


Module III. Legal English Explored Intellectual Property Law
2.2 Vocabulary Study
Practice
1. Anagrams. Put the letters in the correct order
Explanation Anagrams Correct Word
Official document showing that a person
has the exclusive right to make and sell an
invention
nettap ..
To break a law or right gerfiinn ..
Particular name, design which identifies a
product and has been registered by the
maker
meadrtrak ..
Officially recorded eeeidrtsgr .
To go to law aegiiltt ..

2. Fill in the blanks.
a. Patents, copyrights, and are known as intellectual
b. Copyrights may last to 70 years beyond the .. lifetime.
c. Trademarks or brand names also need to be .. with the patent office.
d. Patents can be licensed. This is a promise not to sue, e.g. if ...............
(octrooirechten) are paid. Also Trademarks can be licensed. An enormous
.. industry has grown up around this.
e. Remedies for trademark .. include among others .,
seizure and destruction of infringing articles.
f. . Is the recognized way of resolving international business conflicts.
It keeps disputes away from the public eye, while litigation happens in court.

Module III. Legal English Explored Intellectual Property Law
3. Fill in the missing link (same word or derivational form per letter).
a. to .. a patent (=to have an exclusive right)
a license er
b. to grant a . (= to give so the permission to sell, distribute your products)
an exclusive ..
c. patent . (official notification to the patent office)
d. to reach an out-of-court .

4. Fill in the missing words. If in doubt, you can find help in the following list:
Liable to, Royalties, Registered, License, Dispute, Employment tribunal, Patentability.
a. In spite of the fact that a European Biotechnology Directive excludes human cloning
processes from .. , large pharmaceutical companies will try to capitalize on
discoveries by smaller research center that have failed to properly protect their
findings.
b. The newly .. trademark may be found invalid because it bears a
suspiciously stark similarity to an existing trademark.
c. The defaulted on the . Due under the license.
d. The chemical plant will be . Huge claims from patent holders.