Monday, April 29, 2019

Intellectual Property Law Essay Example | Topics and Well Written Essays - 3000 words

Intellectual Property Law - experiment ExampleHe is just as responsible as the Ph.D. student for having come up with a cure for the common cold. However, there are some things that Trevor might want to consider before applying his foretell to the patent. Coming from a relatively unknown Ph.D. student, this cure for the common cold could know major consequences (good and/or bad). The good consequences that could happen is that the cure for the common cold could be a huge success and collect both Trevor and the Ph.D. student international acclaimsince this would be such a huge discovery. On the early(a) hand, there have been no clinical trials on the medication/do drugs. If something were to go wrong with the drug beingness used by actual people, Trevor could also be liable for damages claimed a deliver the goodsst him if he were to be named in a lawsuit which could prove the drug was faulty. Thus, whether Trevor puts his name on the drug discovery patent or non may have a lot t o do with liability, as shall be seen in the future. In the subsequent follow-up question, we will speak more about this thread or line of notion as well. Trevor has to think in terms of dollar signs as wellor, in his matter, Euros. This is because trial medications fag end actually cost a lot of money to get approval for to get them to take murder in terms of popularity. Also, a lot of doctors need to proffer the medication before the drug starts to gain popularity. In addition, Trevor should think about all these aspects before he assigns his name to anything. With so many things that could by chance go wrong, it doesnt make sense for Trevor to wildly assign his name to a product that hes not completely sure about in terms of safety. The different unknown piece that might be difficult to ascertain is what Trevors legal recourse would be in... In the comparable manner, torts could come into play were people to complain about this new medication slash prescription drug. The Consumer tribute Act basically guarantees that any product that a consumer consumes will be safe for them to consume. Trevor and this Ph.D. student have no idea what they are doing in terms of reassuring that they have adequate protection against the retributions that they could face, if, then it is the case that the medication is faulty. Thusly, the copyright alone will not protect Trevor and the Ph.D. student in case the drug does turn out to be faulty. It is simply a matter of judging what should be through with(p) in this case. Copyright law aims to protect those who have patented the itembut on the other hand, someone must be at fault if the drug turns out to be faulty. The government should not assume that weighty responsibility unless it wants to take the risk of having class action lawsuits filed against it in the case that the drug any a) does not indeed work or b) is faulty in some way, shape, or form. The Consumer protective covering Act was basically put in place to protect the consumer. Basically, even though the people who make the product (Trevor and the Ph.D. student) have a copyright on the patent, that does not excuse the pair from being either negligent or having neglected a duty of care. Trevor and the Ph.D. student (and possibly, the person that signed off on the patent) could be in trouble if the drug were presumed to be faulty. Trevor and the student conducted no testsother than a individual(a) trial, with no controlsin order to legitimize the drugs supposed positive effects. So, in effect, having a copyright on a product does not prevent the public from suing against the maker of the product, in essence.

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