LML4801 PORTFOLIO MEMO - OCT./NOV. 2024 - SEMESTER 2 - UNISA - DUE DATE :- 22 OCTOBER 2024 - (DETAILED ANSWERS WITH FOOTNOTES AND BIBLIOGRAPHY - DISTINCTION GUARANTEED!)

LML4801 PORTFOLIO MEMO - OCT./NOV. 2024 - SEMESTER 2 - UNISA - DUE DATE :- 22 OCTOBER 2024 - (DETAILED ANSWERS WITH FOOTNOTES AND BIBLIOGRAPHY - DISTINCTION GUARANTEED!) SCENARIO ABC (Pty) Ltd is a company that develops and manufactures telesurgery robotic systems. In telesurgery, or remote surgery, surgeons use wireless networks and robotic systems to operate on patients from a distance. If, for example, you are far from a hospital – in a remote area, in an aircraft, or even in space – but have access to such a robotic system, you can be operated on by the robot that is remote- controlled by a human surgeon. Telesurgery is dependent on smooth, real-time data transmissions. Even the smallest time-lag – delays in the live video streaming relayed from the patient to the doctor, or the doctor’s commands relayed to the robotic system – can have devastating results. Fortunately, with technology like 5G the future of robotic telesurgery looks bright. ABC (Pty) Ltd commissioned Jo, a freelance computer programmer, to write a computer program to monitor and mitigate latency time in the interactive data communication between the surgeon and the robotic system. ABC had worked with Jo before: they simply explained what they needed and then left Jo to get the job done. ABC started marketing the computer program and the systems incorporating it in 2023. ABC’s employees had spent much time, skill, and effort to develop Standard Operating Procedures (SOP) for using their systems. Much of what should be contained in such SOP brochures is prescribed by the state. The brochures are text-only (with no artistic works) and you can accept that copyright subsists in them. It came to ABC’s attention that XYZ (Pty) Ltd, ABC’s competitor, is selling one of their (XYZ’s) robotic system with a substantially improved version of an ABC SOP brochure. ABC writes to XYZ to demand that they stop infringing ABC’s copyright. Further, ABC (Pty) Ltd applied for a patent relating to some of its technology in the field of remote surgery robotic systems, particularly over a patient-side device for a surgical system. Some of the technology incorporated into this innovation includes Jo’s computer program. The picture below is just an example of a patient-side device. The claims from the patent application follow. Claim 1: A patient-side device for a surgical system. Claim 2: A plurality of manipulator arms, each having an instrument holder capable of holding a long-axis surgical instrument at the tip, and each having a plurality of degrees of freedom. Claim 3: An elongated arm base configured to connect the base ends of each of the plurality of manipulator arms, base and a positioner having a plurality of links and a plurality of joints, connecting the base and the arm base, and being configured to hold the arm base movably. Claim 4: An operation unit, including a computer program, configured to give an instruction to move the arm base by the positioner. Claim 5: A control unit that controls the operation of the positioner, the arm base, and the plurality of manipulator arms. The positioner is a patient-side device that holds the arm base in a state where the rotation axis of the first torsion joint is tilted in the vertical direction and tilted with respect to the horizontal plane at the preparation position. The patient-side device according to claim 1, wherein the positioner is composed of an articulated robot having six or more degrees of freedom. Claim 6: A surgical system comprising an operating device for remotely controlling the manipulator arm. An accompanying surgical method to optimize the results. SECTION A: COPYRIGHT QUESTION 1 When will the copyright in the computer program expire? [2] QUESTION 2 Who is likely to be the owner of the copyright in the computer program created by Jo? [10] QUESTION 3 Advise XYZ (Pty) Ltd on the validity of ABC’s demand that they (XYZ) stop infringing ABC’s copyright in the SOP brochure. Biotech Laboratories (Pty) Ltd v Beecham Group PLC and Another 2002 (4) SA 249 (SCA) must be meaningfully incorporated into your answer. [15] QUESTION 4 Advise XYZ (Pty) Ltd on the subsistence of copyright in their (XYZ’s) SOP brochure and what sort of licensing agreement they need to reach with ABC. [10] QUESTION 5 Penny, who used to work for ABC (Pty) Ltd, stole technical drawings from her employer. She then started her own company and used ABC’s drawings to build robots. Penny’s excuse is that she reverse-engineered the robots (in terms of s 15(3A) of the Copyright Act 98 of 1978). Is Penny’s defence valid? You can assume that copyright subsists in the drawings. [3] TOTAL FOR SECTION A: 40 SECTION B: PATENTS QUESTION 6 Is there anything in the scenario or the claims of the patent that might indicate that the innovation might not qualify as a patentable invention? Is there anything else that may cause a problem when the registrar considers the patent application? If there is a problem, can it be remedied, and how? [10] QUESTION 7 Now assume that a patent has been granted. XYZ (Pty) Ltd manufactures and sells patient-side devices that consist of exactly seven manipulator arms, with a positioner composed of an articulated robot with five degrees of freedom. By reference to case law, indicate what ABC (Pty) Ltd would need to present before a court to prove infringement of their patent. Also indicate which remedy or remedies would be suitable if ABC (Pty) Ltd is successful with the infringement claim. [20] QUESTION 8 If XYZ (Pty) Ltd wants to defend against the patent infringement claims of ABC (Pty) Ltd, which ground(s) might be most likely to succeed? If they also wish to apply for revocation of ABC (Pty) Ltd’s patent, how would this differ from a defence against infringement? [10]