A Scandalous Affair: The Disparity in the Application of Morality to Trade Marks, Patents and Copyright

摘要

The book Spy catcher, by the MIS operative Peter Wright, the trade mark FCUK and a laboratory bred mouse with cancerous properties all raised controversial issues in the potential denial of intellectual property protection in the areas of copyright, trade marks and patents on the ground that they offended accepted principles of morality. The question arises as to the appropriateness of denying intellectual property protection on such grounds. In particular, this article considers the differing treatment and application of morality concerns in relation to these three principal intellectual property rights, considering the extent to which morality affects the grant of and enforcement of such rights.