LML4801 ASSIGNMENT 02 SEMESTER 02 ANSWERS DUE 18 SEPTEMBER 2024

LML4801 ASSIGNMENT 02 SEMESTER 02 ANSWERS DUE 18 SEPTEMBER 2024 Assignment 2, Second semester 2024 Due Date: 18 September 2024 20 marks, max 500 words (about 1 page, excluding the cover page, footnotes, and bibliography) This assignment is about Lesson 3 PATENTS, in conjunction with Lesson 1 INTRODUCTION. You will note that all the Assignment 2 questions relate to one or more of the four LML4801 specific outcomes (as they relate to patent law) – 1. Identify and investigate the role of patent rights in current South African law and everyday life. 2. Demonstrate a critical understanding of the history and theoretical framework of, and the most pressing and prevalent issues regarding patent law. 3. Apply the principles of patent law in practical situations to solve multi-dimensional legal problems associated with patent rights. 4. Conduct research on matters pertaining to patent rights. (See LML4801 Tutorial Letter 101/3/2024 at 2.2 Outcomes on p 6.) Your assignment answers must be typed in Arial font, size 12 with single line spacing within the paragraph, and double line spacing after the paragraph. Your answer (for the whole assignment) should not exceed 500 words. That is about 1 typed page in the format prescribed above. 500 words is enough for answering this assignment. Plan carefully. Accurate answers are required. You are expected to refer to applicable legislation, court decisions and scholarly opinion. Acknowledge your sources in footnotes or in the text itself, and in your Bibliography at the end of the Assignment. Your footnotes, cover page and Bibliography are excluded from the 500-word limit. Do not list any sources in your Bibliography that you have not consulted directly. DO NOT CUT AND PASTE ANSWERS FROM THE LESSONS OR ANY OTHER SOURCE. You may not repeat the wording from any source, including the study material, without properly attributing it as a quotation. As no marks (or few marks only) will be given for direct quotations from any source, quotations are an absolute waste of precious space. It is imperative to use your own words to convey your understanding of the work. Unacknowledged copying/plagiarism or any other forms of cheating will lead to a 0 mark and disciplinary action. The use of Artificial Intelligence is not permitted for purposes of answering Assignment 2. Page 2 of 2 Background Information ‘International climate goals imply reaching net-zero global carbon dioxide (CO2) emissions by roughly mid-century (and net-zero greenhouse gas emissions by the end of the century). Among the most difficult emissions to avoid will be those from aviation given the industry’s need for energy-dense liquid fuels that lack commercially competitive substitutes and the difficult-to-abate non-CO2 radiative forcing… [A]mbitious reductions in demand for air transport and improvements in the energy efficiency of aircraft might avoid up to 61% (2.8 GtCO2 equivalent (GtCO2eq)) and 27% (1.2 GtCO2eq), respectively, of projected business-as-usual aviation emissions in 2050. However, further reductions will depend on replacing fossil jet fuel with large quantities of net-zero emissions biofuels or synthetic fuels (that is, 2.5–19.8 EJ of sustainable aviation fuels) - which may be substantially more expensive.’1 Scenario The Saflying Company consists of various divisions relating to the Aviation industry, among others a department for commercial flights and a research and development department. Since the reduction of CO2 emissions has many benefits, one of the research and development teams is tasked to work on creating fuels to replace or improve current fossil jet fuels, under the lead of Dr Williams. Her team finds a simple way in which a fuel using plant or animal-derived oils is blended with more traditional fossil fuel in order to create a fuel which has lower CO2 emissions when burned. Dr Williams (through the company’s intellectual property management team) applies for a patent on 14 January 2023 with the following description: ‘A process for producing at least one blended fuel from a paraffin rich component and a cyclic rich component, where each of the components are generated from a renewable feedstock, is presented. The paraffin rich component is generated from glycerides and free fatty acids in feedstocks such as plant and animal oils. The cyclic rich component is generated from biomass derived pyrolysis oil. The source of the animal or plant oil and the biomass may be the same renewable source.’2 Question The South African Department of Defence wishes to use this patented process for their own jet fuel to improve their own environmental footprint, but also to save taxpayers’ money. Consider all options available to the Department of Defence, including licensing, defences to patent infringement and any applicable constitutional rights aspects