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Key Elements of the Patent System, Intellectual property rights, and the nature of Defamation and the Internet
Key Elements of the Patent System
The patent system is the oldest form of intellectual property right. Since its development, the concept has been featured in many of the world’s major political upheavals. Testimony of this fact can be traced back as far as the late Middle ages where the element of monopoly conferred upon the holder of a patent has at least the potential to provide very significant economic benefits.
Brunelleschi’s Dome: The story of the Great Cathedral of Florence
The first recorded patent was issued in Florence in the fifteenth century. According to the 5th Edition of Information Technology Law by Ian J. Lloyd, Filippo Brunelleschi, the architect of Florence’s remarkable cathedral won the world’s first patent for a technical invention in 1421.
Filippo Brunelleschi was a classic man of the Renaissance: tough-minded, multi-talented and thoroughly self-confident.
He claimed he had a new means of conveying goods up the Arno River (he was intentionally vague on the details), which he refused to develop unless the state kept others from copying his design.
Filippo Brunelleschi
Florence complied and Brunelleschi walked away with the right to exclude all new means of transport on the Arno River for three years.
When adopted in England, the purpose of the patent system was somewhat different. Unlike Brunelleschi’s patent, the technology covered by the patent was new to the country rather than new in itself.
In the sixteenth and seventeenth centuries the system fell increasingly into disrepute because unfortunately the system was frequently being used to boost the Royal revenues by conferring a monopoly in respect to basic commodities for a fee.
It was another hundred years however, before it was settled that in return for the award of a patent, the inventor was required to specify details of the manner in which the invention functioned and not until the enactment of the Patent Act 1902 that even a rudimentary form of examination of the patent applications was made with a view to establishing novelty.
In recent United kingdom statutes, it has been made absolutely clear that the element of invention is critical for any award and that a balance is to be struck whereby in return for putting details of the manner in which the invention functioned into the public arena, the inventor is to receive a temporary monopoly in respect of its exploration.
Description of the Modern System
The basic theory of the patent system is simple and reasonable. It is desirable in the public interest that industrial techniques should be improved.
In order to encourage improvement, and to encourage the disclosure of improvements in preference to their use in secret, any person devising an improvement in a manufactured article, or in machinery or methods for making it, may upon disclosure of the improvement at the Patent Office demand to be given a monopoly in the use for a period of years.
After that period it passes into the public domain, and the temporary monopoly is not objectable, for if it had not been for the inventor who devised and disclosed the improvement nobody would have been able to use it at that or any other time, since nobody would have known about it.
Furthermore, the giving of the monopoly encourages the putting into practice of the invention, for the only way the inventor can make a profit from it (or even recover the fees for his/her patent) is by putting it into practice, either by using it themselves, and deriving an advantage over their competitors from its use, or by allowing others to use it in return for royalties.
United Kingdom’s Patent System- Patent Act 1977
Today the United Kingdom patent system is based primarily on the Patent Act 1977.
This statute was enacted in part to reform and update the United Kingdom law relating to patents but also in order to bring domestic law into conformity with the provisions of the European Patent Convention, opened for signature in 1973, which provides for a measure of harmonization in matters of substance and procedure amongst signatory statutes.
There is no doubt that inventiveness is a key requirement of the patent system, what has been more debatable has been the application of the system to soft-ware related inventions. these are innovations where novelty resides primarily or exclusively in software components.
Concern:
1 Does the software developments fit conceptually into the industrial nature of the system?
2 Does the library and related resources exist to allow claim to novelty to be adequately assessed?
Patents in the International Arena
According to the 5th Edition of the Information Technology Law by Ian J. Lloyd, the patent systems tended to be found only in the developed world.
However, since the introduction of the World Trade Organization (WTO), it has resulted in many more countries introducing systems of patent protection.
The oldest international instrument is the Paris Convention, an instrument signed by ninety-six states, including all of the major industrial states.
This provides that the submission of an application in one signatory state will serve to establish priority for the applicant in the event that equivalent applications are submitted in other signatory states within twelve months.
Although such a facility is of considerable value for inventors, the practical problems involved in obtaining patent protection on anything like a worldwide basis are immense, and a number of subsequent agreements have sought to ease the task facing applicants.
For a good description of the history of the United Kingdom Patent System, see the Patent Office Website at:
https://www.gov.uk/guidance/the-patent-act-1977
During the time of the Renaissance
The Convention was first opened for signatory on the 20th March 1883, with the most recent revision occurring in Stockholm in 1968.
Intellectual Property in GATTS and WTO
Shortly after the end of the Second World War, the General Agreement on Tariffs and Trade has provided a legal mechanism for international trade.
Reform to the system in the 1990’s brought service into the international agreement for the first time and also introduced provisions relating to the intellectual property rights.
The Trade Related aspects of Intellectual Property Rights (TRIPS) Protocol, which was adopted in 1994, entered into force on the 1st January 1995.
For more information on the General Agreement on Tariffs and Trade (GATT) requirements and signatures to make patents, visit:
https://www.wto.org/english/thewto_e/history_e/history_e.htm
Requirements for patentability
A patent may be awarded in respect of an invention. The invention may relate either to a new product or to a novel process (perhaps Blockchain Technology?).
The Patents Act 1977 does not define the word ‘invention’, but it does specify attributes that any invention must possess. These require that:
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The invention is new
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It involves an inventive step
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It is capable of industrial exploitation, and
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The grant of a patent for it is not excluded
Matters excluded from patent protection
In addition to defining the elements that most be found in an invention, the Patents Act 1977 lists a number of features which will not qualify for the grant of a patent.
Section 1(2) which mirrors Article 52 of the European Patent Convention, provides that patent are not to be awarded for:
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A discovery, scientific theory or mathematical method (I wonder if STEM (Science, Technology, Engineering and Math is included?)
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A literary, dramatic, musical or artistic work or any other aesthetic creation whatsoever;
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A scheme, rule or method for performing a mental act, playing a game or doing business, or a program for a computer; or
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The presentation of information.
Patent Software
Software-related inventions can be patented. In the United Kingdom, approximately 100 patent applications in their name are published each year.
In proceedings before the European Patent Office, this figure rises to 100 per month. The report of the Parliamentary Office of Science and Technology on Patents, research and Technology indicates that in the last 10 years the (EPO)
European Patent Office has granted around 10,000 patents for software-related inventions, and has refused only 100 applications.
In 2003, it was estimated that up to 30,000 software patents had been issued by the European Patent Office, although, in part because the existence of the statutory prohibitions requires that software-related inventions be cataloged by reference to their field of application rather than the software component.
High-Tech Careers IN DEMAND
According to Lisa Boushy’s article in the Cayman Islands Chamber of Commerce Careers Guide of 2019, the growth of jobs like software development, data scientists and machine learning engineers are in great demand.
Growth of these and other STEM (Science, Technology, Engineering and Math) careers are challenging the future generations to solve real-world problems through technology.
Through the Enterprise Cayman initiative, Cayman Enterprise City is helping Cayman’s students and job seekers position themselves for high-tech careers currently being created amongst the 250 companies now set up within CEC’s special economic zones, which includes Cayman Tech City.
Aid for Trade Global Review 2019 on 3-4 July: Economic diversification and empowerment of women key to bridge development gaps
Economic diversification and empowerment of women are key to achieve a fairer and more efficient trading environment, speakers at various sessions said at the Aid for Trade Global Review on 3-4 July. The global economy offers many opportunities for enterprises to grow but much remains to be done in areas such as fisheries subsidies to safeguard resources and to ensure that the benefits of trade can reach more people, panelists agreed.
Empowerment of women
Speaking at a session on “Women entrepreneurs: Making the Buenos Aires declaration happen” on Day 1, DG Azevêdo focused on the empowerment of women as a means to ensure their full participation in global trade.
The session took stock of progress and national experiences since December 2017 when over 100 WTO members signed the Declaration on Trade and Women’s Economic Empowerment at the 11th Ministerial Conference in Buenos Aires.
“If we want to seize all the opportunities that the global economy has to offer, we have to make sure that women are fully integrated into those efforts. Women entrepreneurs already play a vital part in many economies. According to some estimates, a third of all small and medium enterprises in developing countries are led by women,”
DG Azevêdo said. “However, many barriers persist to their full participation in the global economy whether it’s fewer legal rights or political underrepresentation.”
For more of this fascinating and informative news visit:
https://www.wto.org/english/news_e/news19_e/gr19_04jul19_e.htm
Defamation and the Internet
The notion of freedom of expression is wildly recognized as a fundamental human right, the European Convention on Human Rights provides, for example that:
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Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers.
As with other rights however, the right cannot be absolute. The Convention goes on to provide that:
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The exercise of theses freedoms, since it carries with it duties and responsibilities may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.
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The law relating to defamation rules relating to obscenity, considerable variations exist between states. In the United States, for example, comments made concerning public figures will attract liability only if it can be shown that they were motivated by malice.
Countries such as France offer protection under the law of privacy in the event that information about an individual’s private life is brought into the public domain.
Given the ease with which material may be published on the internet and the range of dissemination which can readily be achieved, it is little cause for surprise that issues relating to the law of defamation have assumed considerable significance.
Decades before, the use of the internet and all of its users faced only unwelcomed comments or allegations and was rebutted by published responses, however increasingly today, the response is to turn to the legal system and seek a remedy under the law of defamation
The Nature of Defamation
The term ‘defamation’ tends to be used as a generic description for action in which it is alleged that the making of untrue and unwarranted comments about an individual has lower that person’s standing in the eyes of right-thinking members of society.
In English law, a distinction exists between libel and slander. The law of libel applies to comments which are recorded in some permanent form- in print or on tape, whilst slander is reserved for comments which are more transient in nature.
A statement on a live television broadcast might be heard and seen by millions or even billions of viewers and be far more damaging to the reputation of the subject than would be the case with a letter published in a local newspaper.
In the case of broadcasting, the Defamation Act 1952 provided that the law of libel was to apply in respect of any statements made.
In the case of emails and the contents of the internet, it goes beyond question that there is a sufficient degree of recording to ensure that the law of libel will apply.
Destruction of the Consecrated (Online Bullying and Hat8)
The Estella Scott-Roberts Foundation was set up on 31 October 2008 by the husband (Rayle Roberts) of the late Estella Scott-Roberts.
He created the foundation with the intention that it will carry on her work of creating a country free from violence and the advancement and empowerment of women.
Mr. Roberts has requested that any initiatives being formulated by individuals or groups that are considering using Mrs. Scott-Roberts name or image in relation to their project to contact the foundation prior to finalizing any plans.
For more information on the foundation, call 938-6300, email: esrfoundation@gmail.com or mail correspondence to P.O. Box 84 Grand Cayman KY1-1501, Cayman Islands.
World Wide Web
During a 30-year celebration of the World Wide Web, English computer scientist Tim Berners-Lee, best known as the inventor of the World Wide Web, delivered a speech during an event at CERN, the European Organization for Nuclear Research, in Meyrin, near Geneva, Switzerland on March 12th 2019.
In his speech he stated that at the ripe old age of 30 and with half the globe using it, the World Wide Web is now facing growing pains with issues like hate speech, privacy concerns and state-sponsored hacking.
Even though the web has opened the way to a technological revolution that has transformed the way people buy goods, share ideas, get information and much more, it’s also become a place where tech titans scoop up massive personal data, rival governments spy and seek to manipulate elections, and hate speech and venom have thrived.
Mr. Berners-Lee and his World Wide Web Foundation passionately wants to enlist governments, companies, and citizens to take a greater role in shaping the web for good under principles laid out in its “Contract for the Web.”
He continues to state that under the contract, governments are called upon to make sure everyone can connect to the internet, ensure that its kept available to the public, respect privacy and develop technology that will put people and the public at ease.
He also would love to see more citizens creating and cooperating with respect towards each other among other things.
At the time of this event, it was unclear how such rules would be enforced and he cautioned the public that it was important to strike a balance between oversight and freedom, however it was currently difficult to agree what that should be.
How would tech companies be regulated? Where is the balance between freedom of speech and hate speech?
Tim Berners-Lee has been knighted by Queen Elizabeth II and named as one of the 100 most important people of the 20th century by Time magazine.
Generation K (True Lies)
Everyone lies at one time or another including me. Lying is a universal talent. Some people can do it rather well. Most little kids start practicing the skill as soon as they master language.
When you look at it objectively it seems the ability to lie is part of everyone’s kit of survival tools, a side effect of possessing language skills. There are a lot of situations in which the ability to lie is extremely useful.
For instance, there are times when you might have to lie to protect yourself or someone else. Or you might have to lie just to defend your personal privacy.
People lie all the time to diffuse a tense social situation or to avoid hurting someone’s feelings or even to calm someone who is frightened.
The way I see it, if people couldn’t lie, they probably wouldn’t be able to live together in groups, at least not for long or with any degree of sociability. The bottom line is- if humans could not lie, civilization as we know it would cease to exist.
According to Noreena Hertz, an author and commentator who, among other roles, advises world leaders on strategy, economics, geopolitical risk and artificial intelligence, stated that Generation K, sometimes referred to as Generation Z, has been fundamentally shaped by technology and spends a third of their day on different social media platforms online.
As the keynote speaker at the Royal Fidelity Cayman Economic Outlook Conference held on February 28th2019 at the Kimpton Seafire Resort + Spa, Ms. Hertz offered insights into this generation, which she says will make up approximately one third of the global workforce by the year 2022.
“Generation K” is made up of people born between 1994 and 2003. The “K” originates from the film franchise heroine with whom the generation’s members most identify: Katniss Everdeen of “Hunger Games”.
They have also been shaped by the worst recession in recent years, the financial crisis of 2008, job insecurities and a lack of financial optimism.
Not to mention existential threats forged by the Manchester and Paris terrorist attacks, the rise of Al Qaeda and Isis, several terrorist attacks and multiply school shootings in many of their home cities.
Unfortunately, this generation has been desensitized from an early age to violence due to the repetitive and constant exposure experience in various ways as they grow.
She states that it is not that the world had all of a sudden become garbage, but now many children and young adults’ own smartphones which never leave their side.
Unsupervised access to the internet, grants children many opportunities to bully others and be bullied. To view explicit videos and information and sometimes encounter sinister recruitment websites.
Ms. Hertz believes that because this generation saw the world as unequal and harsh, the impact is now making them extremely anxious.
She says, statistics show that in the US, more than one in five high school students had contemplated suicide, and in the UK, there had been a threefold increase in the number of teenagers who self-harmed.
Although her research was primarily focused in the United States and the United Kingdom, she has also conducted limited studies in other western European countries as well.
Cayman Islands
She continues to state that this generation strongly believes in equality. Economic, educational, racial, gender and social equality.
They also are concerned about global issues like global poverty, global hunger and climate change.
Generation K has had to master the art of true lies in order to survive.
However, what can we as a global community do to steer them in the right direction?
The Governor's Flag
A statement from the Governor of the Cayman Islands, stated that the media has an important responsibility for integrity and accuracy.
The UK Foreign Secretary Mr. Jeremy Hunt has launched an international campaign-“Defend Media Freedom “ which aims to shine a spotlight on media freedom.
On 10th and 11th July 2019, the first ever global ministerial-led media freedom conference will take place in London. It will be co-hosted by the UK and Canada and will involve over 1000 participants from across the world.
It will bring together a range of government ministers and officials, multilateral agencies, civil societies, the diplomatic community, academics, editor’s, publishers and journalists to debate various issues and take meaningful action to defend media freedom.
The Cayman Compass also continued in the Governor’s statement which I have paraphrased, that the UK has had a long history of an independent media. As long ago as 1863 Britain had 1000 newspapers. Wow!
Journalism is freedom of expression and the UK is committed to ensuring that journalists are able to do their jobs without fear.
Unfortunately I was devastated to learn according to the United Nations in 2018, at least 99 journalists and media workers were killed.