LML4801 PORTFOLIO MEMO - OCT./NOV. 2023 - SEMESTER 2 - UNISA - DUE 8 OCTOBER 2023 - DETAILED ANSWERS WITH FOOTNOTES & BIBLIOGRAPHY- DISTINCTION GUARANTEED!

LML4801 PORTFOLIO MEMO - OCT./NOV. 2023 - SEMESTER 2 - UNISA - DUE 8 OCTOBER 2023 - DETAILED ANSWERS WITH FOOTNOTES & BIBLIOGRAPHY- DISTINCTION GUARANTEED! SECTION A: COPYRIGHT 1. Acceptthatcopyrightdoessubsistinthepoem.DoesWT’suseofexcerptsfrom“The wonder of Ice” on their WordTravel cooler bags amount to infringement of – 1.1 GreenPen’s rights and (15) 1.2 Poet X’s rights? (5) [20] 2. Can WT have copyright in the words embellishing the WorldTravel cooler bag? [10] 3. Acceptthattheshapeofthecoolerbagisprotectedbycopyrightasanoriginalartistic work and that WT is the copyright owner. Mike buys one of the bags, reproduces it and sells the reproductions. The only difference is that Mike’s cooler bags are not decorated with any words. Mike says his action is excused in terms of section 15(3A) of the Copyright Act 98 of 1978. Explain whether section 15(3A) of the Copyright Act 98 of 1978 can be raised as a valid defence in these circumstances. [10] Total for SECTION A: 40 SECTION B: PATENTS 4. Write down only the number and the date needed to complete the following statement: Insular lodged the patent application on 1 May 2021 and the patent was granted on 6 October 2022. The term of Insular’s patent is ___ years from __________. [2] LML4801 Oct/Nov 2023 8 LML4801 Oct/Nov 2023 5. Coolfibre wants to start producing and marketing the improved material. Will they be infringing Insular’s patent? [10] 6. AssumethatRia’sinventiondoesinfringeInsular’spatent,whileInsularandCoolfibre cannot reach a licensing agreement. Advise Coolfibre on their compulsory licensing options. [10] 7. Coolfibre wants to patent Ria’s invention. 7.1 Is Coolfibre or Ria the owner of the invention? (3) 7.2 Is there anything that may cause Ria’s patent (if it is granted) to be open to revocation? (10) 7.3 In light of the origin of the plant fibres used in Ria’s invention, explain how the patent application process protects the indigenous community’s interests. (5) © UNISA 2023 [18] Total for SECTION B: 40 TOTAL: 80