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The Blurring Copyright-Patent Paradigm: Idea-Expression Dichotomy

Journal: International Journal of Mechanical and Production Engineering Research and Development (IJMPERD ) (Vol.10, No. 3)

Publication Date:

Authors : ; ;

Page : 9449-9454

Keywords : Copyright; Idea-Expression Dichotomy; Patent;

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There is scarcely any single theory of copyright law which is more fundamental or replicated more frequently than the so-called dichotomy of idea-expression. It has been opposed by some scholars who have researched the dichotomy in the greatest depth, arguing that continued perception of dichotomy is neither warranted nor beneficial in casedecision. However, in hundreds of cases, the theory established by common law procedures was pursued by courts who applied it to address relevant copyright problems, which over the years has led to vagueness and ambiguity. The United Kingdom (UK) Supreme Court (SC) ruling in Lucas film v Ainsworth has compounded the uncertainty about the requirements and expectations for its operation Because the doctrine's primary aim is to explicitly identify what should be covered by copyright, what belongs to the public domain, and what is shielded by patent law, rulings concerning dichotomy may therefore have a substantial effect on the patent copyright framework. This paper would explore the reasoning behind the Lucas film decision and its effect on the presentation of the notion of dichotomy and copyright patent interrelationship to decide whether it has produced significant determinations in the structure and nature of the copyright law itself.

Last modified: 2020-11-18 18:51:00