Outline the legal issues emerging from new technology and evaluate the extent to which the remedies available achieve justice.
The rate of technological change in the last three decades has been extremely significant. Developments in new technology such as mobile phones, digital cameras, the Internet and email were not available 25 years ago. These changes have transformed our society but have also created a number of considerable issues for the legal system. Governments face many challenges in trying to make regulations and laws where technology is concerned. The main difficulty being that technology is constantly developing; therefore, it gives rise to an array of issues that have rarely or never been raised in political, legal or
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Intellectual property law protects the legal rights arising from a person’s intellectual creations.
Copyright law is part of a set of laws that are generally referred to as ‘intellectual property’ laws – or ‘IP’ for short.
IP laws are different to laws that involve physical property such as land and houses, fridges, watches and bicycles;
IP laws seek to protect something which can’t be touched or seen. Some other examples of IP laws include:
> patent (protects inventions and ways of doing things)
> designs (protects the look of industrially produced items)
> confidential information (protects secret ideas and information)
> plant breeder’s rights (protects plant varieties which people develop).
GENETIC TESTING EMPLOYEES:
9.23 Some legislation has adopted a slightly different approach in indicating those areas of public life covered. The RDA refers to specific areas,[14] but also contains a more general provision, based on the language of the International Convention on the Elimination of all Forms of Racial Discrimination 1966. Section 9(1) of the RDA states in part that:
It is unlawful for a person to do any act involving a distinction, exclusion, restriction or preference based on race … which has the purpose or effect of nullifying or impairing the recognition … of any human right … in any field of public life.[15]
9.24 The Genetic Privacy and Non-discrimination Bill 1998 (Cth), which is discussed below, also adopted this approach.
For that reason, legislative classification or discrimination based on race alone has often been held to be a denial of equal protection. Yick Wo v. Hopkins, 118 U.S. 356 [6 S.Ct. 1064, 30 L.Ed. 220]; Yu Cong Eng v. Trinidad, 271 U.S. 500 [46 S.Ct. 619, 70 L.Ed. 1059]; hill v. Texas, 316 U.S. 400 [62 S.Ct. 1159, 86 L.Ed. 1559]."
Intellectual Property law manages the guidelines for securing and authorizing legitimate rights to developments, outlines, and imaginative works. Pretty much as the law secures responsibility for property and land, so too does it ensure the restrictive control of elusive resources. The reason for these laws is to give a motivator for individuals to create inventive works that advantage society, by guaranteeing they can benefit from their works without apprehension of misappropriation by others.
2.5 Examine Intellectual Property Law and its Ramifications - The intellectual property law protects and enforces laws about inventions designs and artistic works, this law has people working on products without fear of having their money stolen.
This law makes it illegal to discriminate against someone on the basis of race, color,
Today, technology has affected our global surroundings in a number of ways. Technology has created a more advanced society and economy. We use technology in every aspect of life today. New innovations and technology helps create a safer atmosphere and reduces the rate of crime. Technology is the usage and knowledge of techniques or is systems of these things. Usage of technology in the criminal justice system is not new but more apparent today. Technology in criminal justice will continue to challenge us to think about how we turn information into knowledge. Due to new technology, criminal investigations are able to maintain and improve their processes. Forensic science, DNA, other
Currently, the RDA along with s 109 of the Constitution work effectively to prohibit action discriminating on the ground of race, declaring it inconsistent and invalid. This prohibits States and Territories from passing racially discriminatory legislation, but not the Commonwealth. Section 109
Technology is the persistent application of information in the design, production and use of goods and services, and in the organization of human activities. Criminal Justice is the system of law enforcement, involving police, lawyers, courts, and corrections, used for all phases of criminal procedures and penalty. As technology is used in the organization of human activities and criminal justice deals with the criminal aspects of humans it constantly unites these two things. As technology advances, so will it is use in the field of criminal justice. These advancements are necessary to help keep up with the growing and evolving world, but it is also necessary to make sure that this type of technology does not begin to infringe on a person’s individual civil liberties.
It can’t be denied that the technological age has had a profound influence on essentially every industry and profession of the world, and while these developments have exponentially beneficial to industries such as modern medicine, fields such as the legal system are struggling to adequately adapt – and continue adapting- to the constantly advancing technological world. Consequently, Australian legal practitioners – new and old – are facing the question of whether the evolution of technology has become so far advanced that the current legislations regarding law, technology and how it is used have become inappropriate and inequitable. (Horten, 2014)
Patent and Copyrights for intellectual property are designed to provide lawful protection and allow people to be recognized for they invent or create. It also allows one to benefit financially though their inventions.
Copyright laws protect certain kinds of original works, such as books, compact discs, films, and software. Creations such as the aforementioned are referred to as “intellectual property”. Intellectual property is divided into two categories:
As a part of the court and court procedures technology has been permitted in the legal system. Prior to the world wide web, lawyer's needed to go to the court house to research material, now they can e-file and view documents which is a simpler way and will not tie up precious time for the lawyer and the court. Before web prosecutors and the lawyers had to physically meet and go over any pleas and make sure there was an understandings and hash out the case, now they can communicate by email, this spares them both time and gives them the opportunity to manage things in an sensible way and gives them time to consider the deals that are being offered. Technology inside the court can free up time in a trial and permits a lawyer to be more prepared,
Copyright law originated with the United States Constitution. In Article I, Section 8, the United States Constitution states that “Congress shall have the power to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective wrights and discoveries” (Purdue). Copyright is a federal law. Copyright laws protect published works by preventing original materials from being used or copied without the creator’s permission. These protections extend to copying, adapting, publishing, communicating, and publicly performing protected literary, dramatic, musical, or artistic works. Today, the laws are located in
Technology has changed the way we live our lives in pretty much every way imaginable. In the past, the common belief was that only manual work would be greatly affected by the rise of technology. However, service professions such as the legal profession have certainly seen a change as well. There are discussions what this will mean in the future and whether it will go beyond the current aiding role. If that is so, it could potentially change the current legal framework and question the role of lawyers themselves. There are also issues in relation to the protection of clients through data protection, confidentiality and accountability to look out for. This essay will focus on four main points. Firstly, it will discuss the overall impact of technology on the legal profession, while discussing the potential and feared threat of this. Secondly, exploring the lawyer’s responsibility to offer quality and proper service while relating this to accountability of technology. Thirdly, it will discuss issues relating to confidentiality and the overall role of the lawyer to ensure confidentiality is kept a priority while balancing out the cost reducing and more efficient technologies. Lastly, it will discuss the educational position in relation to technology and the changes that need to happen to prepare future lawyers for their careers.
In most grade schools and high schools, the only IP protection education is your English teachers telling you not to plagiarize copyrighted works, or a business class may go into it a little. The majority of patent and copyright education is in law schools but it is important to all of us, even if we don’t want to go into law, that we know these laws. Everybody is affected by IP, everybody creates IP, and everybody is a copyright holder. Many people don’t know that any original work is copyrighted from the moment it is created in a tangible space, such as paper, film, or silicon chip, no registration necessary. Copyrightable works include literary works, musical compositions, films, software programs, or paintings. Patents cover inventions, ideas, designs, and compositions of matter. To get a patent, you must first
Copyright law is designed to protect literary and artistic works was well as innovation such