Good Creative Writing On First Response

Type of paper: Creative Writing

Topic: Law, Business, Skills, Property, Commerce, Copyright Law, Idea, Claim

Pages: 2

Words: 550

Published: 2020/11/22

Business law

Discussion
There are many issues that must be considered in matters where infringement of intellectual property is claimed. Helen Kane must prove was that the skills which she had could not be exhibited by any other person having skills in that art. The skills must have been peculiar to her. If I was representing the movie studio I would show that the skills that Helen had were not unique skills in any way and that any person skilled in the art could do the same things. I will show that she had not patented her ideas and since ideas were obvious she could not be protected by the law. I would bring in witnesses to show that a person did not need to have unique qualities to act like Helen Kane. For an idea to be accorded protection, it must be novel. Once novelty is lacking the idea cannot be protected. Anyone can use an idea that is not novel. I would claim that Helen Kane should have patented the ideas if she needed legal protection. She can only claim that her intellectual property rights were being violated if she had rights at all. It could only have been offensive to use her patented ideas. This is what would amount to infringement of intellectual property. I would also claim that there was no intention by the movie studio to come up with characters that looked like Helen. Any likeness is purely a matter of coincidence.
If I had no ethics I would claim that the ideas that were presented by Helen Kane already existed before she started acting. I would lead evidence and call witnesses to show that what Helen Kane claims to be her ideas already existed in the industry. I would need to coach witness to testify to that effect. The best way would be to produce evidence of video produced before the time Helen Kane produced her works in which she alleges that her rights were infringed. I would produce such evidence to prove that the idea that Helen claims belong to her existed earlier. In this way, her claims will be defeated because she claims to the inventor of certain words. However, I find no need to ne unethical because the case can be worn on purely legal grounds.

The statement that a person who is good at something should not fear competition is erroneous. The intellectual property rights of all individuals need to be protected by law. If it was true that people who are good at something do not need to be protected then there would be no need for intellectual property laws. Ideas of individuals must be protected.
I agree that the defense should call witnesses possessing the skills that Helen Kane possessed. In intellectual property matters, the issue of novelty is central. Once it can be proved that the idea was obvious, it cannot be accorded legal protection. It is not necessary to prove that the ideas might have been stolen from somewhere else.

Second response

I do not agree with some parts of the statement. It is true that the body exercises judicial and executive power by determining cases and enforcing the law. However, there are safeguards that are in place to protect people who go before the administrative agencies. The decisions of administrative bodies or agencies can still be challenged in court through the use of prerogative writs namely prohibition, certiorari and mandamus. A person having an interest in a matter to an extent that it leads to likelihood of bias is barred from hearing such matters.

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WePapers. (2020, November, 22) Good Creative Writing On First Response. Retrieved January 24, 2021, from https://www.wepapers.com/samples/good-creative-writing-on-first-response/
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WePapers. 2020. Good Creative Writing On First Response., viewed January 24 2021, <https://www.wepapers.com/samples/good-creative-writing-on-first-response/>
WePapers. Good Creative Writing On First Response. [Internet]. November 2020. [Accessed January 24, 2021]. Available from: https://www.wepapers.com/samples/good-creative-writing-on-first-response/
"Good Creative Writing On First Response." WePapers, Nov 22, 2020. Accessed January 24, 2021. https://www.wepapers.com/samples/good-creative-writing-on-first-response/
WePapers. 2020. "Good Creative Writing On First Response." Free Essay Examples - WePapers.com. Retrieved January 24, 2021. (https://www.wepapers.com/samples/good-creative-writing-on-first-response/).
"Good Creative Writing On First Response," Free Essay Examples - WePapers.com, 22-Nov-2020. [Online]. Available: https://www.wepapers.com/samples/good-creative-writing-on-first-response/. [Accessed: 24-Jan-2021].
Good Creative Writing On First Response. Free Essay Examples - WePapers.com. https://www.wepapers.com/samples/good-creative-writing-on-first-response/. Published Nov 22, 2020. Accessed January 24, 2021.
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