LML4801 Assignment 2 (DETAILED ANSWERS) Semester 2 2025 - DISTINCTION GUARANTEED

LML4801 Assignment 2 (DETAILED ANSWERS) Semester 2 2025 - DISTINCTION GUARANTEED - DISTINCTION GUARANTEED - DISTINCTION GUARANTEED Answers, guidelines, workings and references ,... ou will note that the Assignment 2 question relates to the LML4801 specific outcomes (as they relate to patent law) – 1. Identify and investigate the role of patents 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 patents. 4. Conduct research on matters pertaining to patents. Sam is the owner of a construction business in Gqeberha. Two of his engineer-employees, Ryno and Ntanga, have been experimenting to see which ingredients or combinations of ingredients could be used to create more sustainable and environmentally friendly building materials than the currently preferred cement, concrete containing natural rock, and clay-based bricks, etc. For example, common ingredients for manufacturing cement include limestone, shells, chalk, or marl combined with shale, clay, slate, blast furnace slag, silica sand, and iron ore. Most of these come from limited natural resources and the manufacturing process causes air pollution in the form of CO2 emissions. Ryno and Ntanga have found that a mixture of iron rock, waste steel dust, and silica from ground-up glass reacts with carbon dioxide to produce iron carbonate, which then solidifies into a material six times stronger than regular cement. It is also more flexible and as such able to withstand compression stresses better. As a bonus it absorbs so much CO2 during the reaction that it has a carbon negative footprint; in other words, instead of adding to the pollution problem, it clears up CO2 pollution in addition to being made mainly from recycled materials. Sam nicknames it Wonder Dust. Is Pangolin Products (Pty) Ltd infringing Graham’s patent? Is there any defence that Pangolin Products (Pty) Ltd could rely on? Elena decides to host a nautical theme party for her son’s 8th birthday. She utilizes the art of paper-folding (origami) to fold boats and marine animals as party decorations as well as party boxes. Mia is one of the party guests. She owns an upmarket party supplies business in Cape Town, and is very impressed with the decorations and boxes that Elena folded. Mia instructs her workers to fold hundreds of these party boxes, model boats and sea animals, which are then sold in her shops. Mia’s sister Megan is a chemical engineer who is passionate about the environment. She is upset by the thought of how many trees must die for Mia’s business to keep going. Megan also finds it ironic and disturbing that the sea animal models sold in Mia’s shops contain microplastics that will end up harming such live creatures. Megan then decides to investigate more sustainable paper manufacturing and becomes specifically interested in the use of grass instead of wood. A general challenge in producing paper is that regardless of whether grass or wood, bagasse, straw, bamboo, or some other plant material is used, the cellulose fibers are held together by a natural glue called lignin. Chemical treatments are generally required to free the pulp from the fibers, which process is called delignification. One of the advantages of using grass is that it contains less lignin than wood. In August 2025, Megan’s company (Pangolin Products (Pty) Ltd) starts manufacturing and selling grass paper, using a process for the delignification of grass that Megan invented. Soon after the product goes to market, Megan gets a letter from LLB Attorneys, demanding that Pangolin stops infringing Graham’s patent. Page 3 of 3 Graham’s patent, which he first applied for in 2014, describes a process that Megan had found in 2024 in an engineering book published in 1990. From Megan’s chemical engineering training and experience, the logical next step for her was to add substance A for more pulp to be extracted, and substance B to reduce the bad smell/pollution created by the process described in the book. Graham’s patent contains an additive C that does the same as A and gets added at the same point in the process as A, but contains nothing like substance B. After heavy rains in Gqeberha, a local radio news team visits one of the sites where Sam’s company is busy with a construction project to report on the weather damage. They come across Ryno who explains the extent of the damage. He adds that he is hopeful that the company will survive – because of the Wonder Dust invention. The interviewer is, of course, interested in what this is and how it works, and Ryno explains as best he can. The recording of the interview is broadcast later that day. Michel, who is employed by The Every Day online newspaper, knows about the interview and sits ready to record and transcribe it when it is aired. She selects the most relevant parts of the interview with Ryno, which she copies and pastes word-for-word inside inverted commas. She writes an introduction and conclusion for the article, links the quoted parts with her own sentences and provides a heading: WONDER DUST INVENTION SAID TO SPARKLE SOON. The article makes it clear that the quoted parts are Ryno’s words during the interview with the radio station and that he works for Sam. The article also provides a hyperlink to the radio station’s website, where the interview is available as a podcast. Michel plans to publish in book form a collection of the articles that she did for The Every Day. The title of her book will be “Innovation in our region – stories from the Eastern Cape”. QUESTION 1 Assume that copyright subsists in the recording and the broadcast comprising the aired radio interview. Who is/are the likely authors and owners of the copyright in these works? [8] QUESTION 2 The radio station phones The Every Day to demand that Michel stop infringing the copyright in their content. Is this a valid demand? Elena decides to host a nautical theme party for her son’s 8th birthday. She utilizes the art of paper-folding (origami) to fold boats and marine animals as party decorations as well as party boxes. Mia is one of the party guests. She owns an upmarket party supplies business in Cape Town, and is very impressed with the decorations and boxes that Elena folded. Mia instructs her workers to fold hundreds of these party boxes, model boats and sea animals, which are then sold in her shops. Mia’s sister Megan is a chemical engineer who is passionate about the environment. She is upset by the thought of how many trees must die for Mia’s business to keep going. Megan also finds it ironic and disturbing that the sea animal models sold in Mia’s shops contain microplastics that will end up harming such live creatures. Megan then decides to investigate more sustainable paper manufacturing and becomes specifically interested in the use of grass instead of wood. A general challenge in producing paper is that regardless of whether grass or wood, bagasse, straw, bamboo, or some other plant material is used, the cellulose fibers are held together by a natural glue called lignin. Chemical treatments are generally required to free the pulp from the fibers, which process is called delignification. One of the advantages of using grass is that it contains less lignin than wood. In August 2025, Megan’s company (Pangolin Products (Pty) Ltd) starts manufacturing and selling grass paper, using a process for the delignification of grass that Megan invented. Soon after the product goes to market, Megan gets a letter from LLB Attorneys, demanding that Pangolin stops infringing Graham’s patent. Page 3 of 3 Graham’s patent, which he first applied for in 2014, describes a process that Megan had found in 2024 in an engineering book published in 1990. From Megan’s chemical engineering training and experience, the logical next step for her was to add substance A for more pulp to be extracted, and substance B to reduce the bad smell/pollution created by the process described in the book. Graham’s patent contains an additive C that does the same as A and gets added at the same point in the process as A, but contains nothing like substance B. QUESTION 3 Discuss the likelihood of copyright subsisting in Michel’s article. [15] QUESTION 4 Is Pangolin Products (Pty) Ltd infringing Graham’s patent? Is there any defence that Pangolin Products (Pty) Ltd could rely on? [2] QUESTION 5 When Sam hears the radio interview with Ryno he feels his heart skip a beat. He planned to patent the Wonder Dust invention in his company’s name and calls you (as his patent attorney) to asks if he can still go ahead. Advise Sam. [15] QUESTION 6 A few years after registration of the Wonder Dust patent, Sam’s competitor, Ben Builder, studies the Wonder Dust patent specification. By adding one ingredient he succeeds in creating a product that is even stronger than Wonder Dust. It is called Super Powder. Sam calls you again. He is very upset and exclaims that “this is so new I cannot even sue Ben for infringement”, and “customers will want me to use Ben’s product and I will have to buy from him!”. Respond to Sam’s outburst by explaining how this is infringement of his patent, how the two patents are related, and how Sam and Ben could work together. [15] QUESTION 7 The South African Government wants to utilise the Super Powder patent to facilitate affordable housing while also promoting the constitutional right to an environment which is not harmful to health or well-being (section 24 of the Constitution of the Republic of South Africa, 1996). The plan is to produce Super Powder in government-owned factories to supply the government-approved contractors building RDP houses and other affordable housing options. What are the options for the government to implement this patent utilisation? Elena decides to host a nautical theme party for her son’s 8th birthday. She utilizes the art of paper-folding (origami) to fold boats and marine animals as party decorations as well as party boxes. Mia is one of the party guests. She owns an upmarket party supplies business in Cape Town, and is very impressed with the decorations and boxes that Elena folded. Mia instructs her workers to fold hundreds of these party boxes, model boats and sea animals, which are then sold in her shops. Mia’s sister Megan is a chemical engineer who is passionate about the environment. She is upset by the thought of how many trees must die for Mia’s business to keep going. Megan also finds it ironic and disturbing that the sea animal models sold in Mia’s shops contain microplastics that will end up harming such live creatures. Megan then decides to investigate more sustainable paper manufacturing and becomes specifically interested in the use of grass instead of wood. A general challenge in producing paper is that regardless of whether grass or wood, bagasse, straw, bamboo, or some other plant material is used, the cellulose fibers are held together by a natural glue called lignin. Chemical treatments are generally required to free the pulp from the fibers, which process is called delignification. One of the advantages of using grass is that it contains less lignin than wood. In August 2025, Megan’s company (Pangolin Products (Pty) Ltd) starts manufacturing and selling grass paper, using a process for the delignification of grass that Megan invented. Soon after the product goes to market, Megan gets a letter from LLB Attorneys, demanding that Pangolin stops infringing Graham’s patent. Is Pangolin Products (Pty) Ltd infringing Graham’s patent? Is there any defence that Pangolin Products (Pty) Ltd could rely on Graham’s patent, which he first applied for in 2014, describes a process that Megan had found in 2024 in an engineering book published in 1990. From Megan’s chemical engineering training and experience, the logical next step for her was to add substance A for more pulp to be extracted, and substance B to reduce the bad smell/pollution created by the process described in the book. Graham’s patent contains an additive C that does the same as A and gets added at the same point in the process as A, but contains nothing like substance B. You will note that the Assignment 2 question relates to the LML4801 specific outcomes (as they relate to patent law) – 1. Identify and investigate the role of patents 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 patents. 4. Conduct research on matters pertaining to patents. Sam is the owner of a construction business in Gqeberha. Two of his engineer-employees, Ryno and Ntanga, have been experimenting to see which ingredients or combinations of ingredients could be used to create more sustainable and environmentally friendly building materials than the currently preferred cement, concrete containing natural rock, and clay-based bricks, etc. For example, common ingredients for manufacturing cement include limestone, shells, chalk, or marl combined with shale, clay, slate, blast furnace slag, silica sand, and iron ore. Most of these come from limited natural resources and the manufacturing process causes air pollution in the form of CO2 emissions. Ryno and Ntanga have found that a mixture of iron rock, waste steel dust, and silica from ground-up glass reacts with carbon dioxide to produce iron carbonate, which then solidifies into a material six times stronger than regular cement. It is also more flexible and as such able to withstand compression stresses better. As a bonus it absorbs so much CO2 during the reaction that it has a carbon negative footprint; in other words, instead of adding to the pollution problem, it clears up CO2 pollution in addition to being made mainly from recycled materials. Sam nicknames it Wonder Dust. Is Pangolin Products (Pty) Ltd infringing Graham’s patent? Is there any defence that Pangolin Products (Pty) Ltd could rely on? Elena decides to host a nautical theme party for her son’s 8th birthday. She utilizes the art of paper-folding (origami) to fold boats and marine animals as party decorations as well as party boxes. Mia is one of the party guests. She owns an upmarket party supplies business in Cape Town, and is very impressed with the decorations and boxes that Elena folded. Mia instructs her workers to fold hundreds of these party boxes, model boats and sea animals, which are then sold in her shops. Mia’s sister Megan is a chemical engineer who is passionate about the environment. She is upset by the thought of how many trees must die for Mia’s business to keep going. Megan also finds it ironic and disturbing that the sea animal models sold in Mia’s shops contain microplastics that will end up harming such live creatures. Megan then decides to investigate more sustainable paper manufacturing and becomes specifically interested in the use of grass instead of wood. A general challenge in producing paper is that regardless of whether grass or wood, bagasse, straw, bamboo, or some other plant material is used, the cellulose fibers are held together by a natural glue called lignin. Chemical treatments are generally required to free the pulp from the fibers, which process is called delignification. One of the advantages of using grass is that it contains less lignin than wood. In August 2025, Megan’s company (Pangolin Products (Pty) Ltd) starts manufacturing and selling grass paper, using a process for the delignification of grass that Megan invented. Soon after the product goes to market, Megan gets a letter from LLB Attorneys, demanding that Pangolin stops infringing Graham’s patent. Page 3 of 3 Graham’s patent, which he first applied for in 2014, describes a process that Megan had found in 2024 in an engineering book published in 1990. From Megan’s chemical engineering training and experience, the logical next step for her was to add substance A for more pulp to be extracted, and substance B to reduce the bad smell/pollution created by the process described in the book. Graham’s patent contains an additive C that does the same as A and gets added at the same point in the process as A, but contains nothing like substance B. After heavy rains in Gqeberha, a local radio news team visits one of the sites where Sam’s company is busy with a construction project to report on the weather damage. They come across Ryno who explains the extent of the damage. He adds that he is hopeful that the company will survive – because of the Wonder Dust invention. The interviewer is, of course, interested in what this is and how it works, and Ryno explains as best he can. The recording of the interview is broadcast later that day. Michel, who is employed by The Every Day online newspaper, knows about the interview and sits ready to record and transcribe it when it is aired. She selects the most relevant parts of the interview with Ryno, which she copies and pastes word-for-word inside inverted commas. She writes an introduction and conclusion for the article, links the quoted parts with her own sentences and provides a heading: WONDER DUST INVENTION SAID TO SPARKLE SOON. The article makes it clear that the quoted parts are Ryno’s words during the interview with the radio station and that he works for Sam. The article also provides a hyperlink to the radio station’s website, where the interview is available as a podcast. Michel plans to publish in book form a collection of the articles that she did for The Every Day. The title of her book will be “Innovation in our region – stories from the Eastern Cape”. QUESTION 1 Assume that copyright subsists in the recording and the broadcast comprising the aired radio interview. Who is/are the likely authors and owners of the copyright in these works? [8] QUESTION 2 The radio station phones The Every Day to demand that Michel stop infringing the copyright in their content. Is this a valid demand? Elena decides to host a nautical theme party for her son’s 8th birthday. She utilizes the art of paper-folding (origami) to fold boats and marine animals as party decorations as well as party boxes. Mia is one of the party guests. She owns an upmarket party supplies business in Cape Town, and is very impressed with the decorations and boxes that Elena folded. Mia instructs her workers to fold hundreds of these party boxes, model boats and sea animals, which are then sold in her shops. Mia’s sister Megan is a chemical engineer who is passionate about the environment. She is upset by the thought of how many trees must die for Mia’s business to keep going. Megan also finds it ironic and disturbing that the sea animal models sold in Mia’s shops contain microplastics that will end up harming such live creatures. Megan then decides to investigate more sustainable paper manufacturing and becomes specifically interested in the use of grass instead of wood. A general challenge in producing paper is that regardless of whether grass or wood, bagasse, straw, bamboo, or some other plant material is used, the cellulose fibers are held together by a natural glue called lignin. Chemical treatments are generally required to free the pulp from the fibers, which process is called delignification. One of the advantages of using grass is that it contains less lignin than wood. In August 2025, Megan’s company (Pangolin Products (Pty) Ltd) starts manufacturing and selling grass paper, using a process for the delignification of grass that Megan invented. Soon after the product goes to market, Megan gets a letter from LLB Attorneys, demanding that Pangolin stops infringing Graham’s patent. Page 3 of 3 Graham’s patent, which he first applied for in 2014, describes a process that Megan had found in 2024 in an engineering book published in 1990. From Megan’s chemical engineering training and experience, the logical next step for her was to add substance A for more pulp to be extracted, and substance B to reduce the bad smell/pollution created by the process described in the book. Graham’s patent contains an additive C that does the same as A and gets added at the same point in the process as A, but contains nothing like substance B. QUESTION 3 Discuss the likelihood of copyright subsisting in Michel’s article. [15] QUESTION 4 Is Pangolin Products (Pty) Ltd infringing Graham’s patent? Is there any defence that Pangolin Products (Pty) Ltd could rely on? [2] QUESTION 5 When Sam hears the radio interview with Ryno he feels his heart skip a beat. He planned to patent the Wonder Dust invention in his company’s name and calls you (as his patent attorney) to asks if he can still go ahead. Advise Sam. [15] QUESTION 6 A few years after registration of the Wonder Dust patent, Sam’s competitor, Ben Builder, studies the Wonder Dust patent specification. By adding one ingredient he succeeds in creating a product that is even stronger than Wonder Dust. It is called Super Powder. Sam calls you again. He is very upset and exclaims that “this is so new I cannot even sue Ben for infringement”, and “customers will want me to use Ben’s product and I will have to buy from him!”. Respond to Sam’s outburst by explaining how this is infringement of his patent, how the two patents are related, and how Sam and Ben could work together. [15] QUESTION 7 The South African Government wants to utilise the Super Powder patent to facilitate affordable housing while also promoting the constitutional right to an environment which is not harmful to health or well-being (section 24 of the Constitution of the Republic of South Africa, 1996). The plan is to produce Super Powder in government-owned factories to supply the government-approved contractors building RDP houses and other affordable housing options. What are the options for the government to implement this patent utilisation? Elena decides to host a nautical theme party for her son’s 8th birthday. She utilizes the art of paper-folding (origami) to fold boats and marine animals as party decorations as well as party boxes. Mia is one of the party guests. She owns an upmarket party supplies business in Cape Town, and is very impressed with the decorations and boxes that Elena folded. Mia instructs her workers to fold hundreds of these party boxes, model boats and sea animals, which are then sold in her shops. Mia’s sister Megan is a chemical engineer who is passionate about the environment. She is upset by the thought of how many trees must die for Mia’s business to keep going. Megan also finds it ironic and disturbing that the sea animal models sold in Mia’s shops contain microplastics that will end up harming such live creatures. Megan then decides to investigate more sustainable paper manufacturing and becomes specifically interested in the use of grass instead of wood. A general challenge in producing paper is that regardless of whether grass or wood, bagasse, straw, bamboo, or some other plant material is used, the cellulose fibers are held together by a natural glue called lignin. Chemical treatments are generally required to free the pulp from the fibers, which process is called delignification. One of the advantages of using grass is that it contains less lignin than wood. In August 2025, Megan’s company (Pangolin Products (Pty) Ltd) starts manufacturing and selling grass paper, using a process for the delignification of grass that Megan invented. Soon after the product goes to market, Megan gets a letter from LLB Attorneys, demanding that Pangolin stops infringing Graham’s patent. Is Pangolin Products (Pty) Ltd infringing Graham’s patent? Is there any defence that Pangolin Products (Pty) Ltd could rely on Graham’s patent, which he first applied for in 2014, describes a process that Megan had found in 2024 in an engineering book published in 1990. From Megan’s chemical engineering training and experience, the logical next step for her was to add substance A for more pulp to be extracted, and substance B to reduce the bad smell/pollution created by the process described in the book. Graham’s patent contains an additive C that does the same as A and gets added at the same point in the process as A, but contains nothing like substance B.