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Originality is the aspect of created or invented works that distinguish them from replica, reproductions, clones, forgery, forgeries, or substantially derivative works. The modern idea of originality is according to some scholars tied to Romanticism, by a notion that is often called romantic originality.Smith (1924)Waterhouse (1926)Macfarlane (2007) The validity of "originality" as an operational concept has been questioned. For example, there is no clear boundary between "derivative" and "inspired by" or "in the tradition of." The concept of originality is both culturally and historically contingent. For example, unattributed reiteration of a published text in one culture might be considered plagiarism but in another culture might be regarded as a convention of veneration. At the time of Shakespeare, it was more common to appreciate the similarity with an admired classical work, and Shakespeare himself avoided "unnecessary invention".Royal Shakespeare Company (2007) ''The RSC ...
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Replica
A 1:1 replica is an exact copy of an object, made out of the same raw materials, whether a molecule, a work of art, or a commercial product. The term is also used for copies that closely resemble the original, without claiming to be identical. Also has the same weight and size as original. Replicas have been sometimes sold as originals, a type of fraud. Most replicas have more innocent purposes. Fragile originals need protection, while the public can examine a replica in a museum. Replicas are often manufactured and sold as souvenirs. An inverted replica complements the original by filling its gaps. Sometimes the original never existed. It is logically impossible for there to be a replica of something that never existed. Replicas and reproductions can be related to any form of licensing an image for others to use, whether it is through photos, postcards, prints, miniature or full size copies they represent a resemblance of the original object. Not all incorrectly attributed it ...
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Inventive Step And Non-obviousness
The inventive step and non-obviousness reflect a general patentability requirement present in most patent laws, according to which an invention should be sufficiently inventive—i.e., non-obvious—in order to be patented. In other words, " henonobviousness principle asks whether the invention is an adequate distance beyond or above the state of the art". The expression "inventive step" is predominantly used in Europe, while the expression "non-obviousness" is predominantly used in United States patent law. The expression "inventiveness" is sometimes used as well. Although the basic principle is roughly the same, the assessment of the inventive step and non-obviousness varies from one country to another. For instance, the practice of the European Patent Office (EPO) differs from the practice in the United Kingdom. Rationale The purpose of the inventive step, or non-obviousness, requirement is to avoid granting patents for inventions which only follow from "normal product desi ...
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Bridgeman Art Library V
In the context of a copyright discussion, Bridgeman refers to Bridgeman Art Library v. Corel Corp. Bridgeman often refers to the Bridgeman Art Library. Bridgeman is also a surname ee also Bridgman">Bridgman.html" ;"title="ee also Bridgman">ee also Bridgman and may refer to the following people: A *Alexander Bridgeman, Viscount Newport C *Charles Bridgeman E *Edward Bridgeman F *Francis Bridgeman (Royal Navy officer) *Francis Bridgeman (British Army officer) *Sir Francis Bridgeman, 3rd Baronet G * Geoffrey Bridgeman *George Bridgman *George Bridgeman, 2nd Earl of Bradford *George Bridgeman, 4th Earl of Bradford * Gerald Bridgeman, 6th Earl of Bradford H * Harriet Bridgeman *Harry A. Bridgeman (1877-1955), American politician and railroad locomotive engineer *Henry Bridgeman, 1st Baron Bradford * Henry Bridgeman, British Army officer J * John Bridgeman (bishop) * John Bridgeman (sculptor) * Sir John Bridgeman, 2nd Baronet *Sir John Bridgeman, 3rd Baronet *Junior Bridgeman ( ...
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Sweat Of The Brow
Sweat of the brow is an intellectual property law doctrine that is chiefly related to copyright law. According to this doctrine, an author gains rights through simple diligence during the creation of a work, such as a database, or a directory. Substantial creativity or "originality" is not required. Under a "sweat of the brow" doctrine, the creator of a work, even if it is completely unoriginal, is entitled to have that effort and expense protected; no one else may use such a work without permission, but must instead recreate the work by independent research or effort. The classic example is a telephone directory. In a "sweat of the brow" jurisdiction, such a directory may not be copied, but instead a competitor must independently collect the information to issue a competing directory. The same rule generally applies to databases and lists of facts. According to the Databases Directive 96/9/EC, member states of the EU are obliged to confer protection known as the database righ ...
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Feist Publications, Inc
Feist may refer to: * Feist (dog), a small hunting dog * ''Feist'' (video game), an action video game for PlayStation 4, Linux, OS X, Windows, and Xbox One * ''Feist Publications, Inc., v. Rural Telephone Service Co.'' (also ''Feist''), a decision by the Supreme Court of the United States People * Feist (singer) (born 1976), Canadian indie pop singer-songwriter and guitarist * Felix E. Feist (1910–1965), American film and television director and writer * Gene Feist (1923–2014), American playwright, theater director and co-founder of the Roundabout Theater Company * Gregory J. Feist (born 1961), American psychologist * Leo Feist (1869–1930), publisher of popular American music * Margot Honecker (; 1927–2016), East German politician * Mathias Feist (born 1961), ChessBase and Fritz programmer * Rainer Feist (1945–2007), officer in the German Navy * Raymond E. Feist (born 1945), American fantasy fiction author * Sigmund Feist Sigmund Feist (Mainz, 12 June 1865 - Copenha ...
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Supreme Court Of The United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point of federal law. It also has original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." The court holds the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution. It is also able to strike down presidential directives for violating either the Constitution or statutory law. However, it may act only within the context of a case in an area of law over which it has jurisdiction. The court may decide cases having political overtones, but has ruled that it does not have power to decide non-justiciable political questions. Established by Article Three of the United States ...
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TRIPS Agreement
The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) is an international legal agreement between all the member nations of the World Trade Organization (WTO). It establishes minimum standards for the regulation by national governments of different forms of intellectual property (IP) as applied to nationals of other WTO member nations. TRIPS was negotiated at the end of the Uruguay Round of the General Agreement on Tariffs and Trade (GATT) between 1989 and 1990 and is administered by the WTO. The TRIPS agreement introduced intellectual property law into the multilateral trading system for the first time and remains the most comprehensive multilateral agreement on intellectual property to date. In 2001, developing countries, concerned that developed countries were insisting on an overly narrow reading of TRIPS, initiated a round of talks that resulted in the Doha Declaration. The Doha declaration is a WTO statement that clarifies the scope of TRIPS, stat ...
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