Analyse the Principles and Concepts of Core Intellectual Property Rights - Law Assignment Help

Assignment Task:

Task:Assessment 3 - Problem Solving Question: Short Written Response (500 words)
Learning Outcomes
LO1: analyse the principles and concepts of core intellectual property rights
LO2: apply intellectual property principles to transactional contexts
Assignment Instructions
Question:
Consider the two products below. The product on the left is a branded product while the product on the right is an Aldi product. Using the rules of trademark law covered in Module 4 and 5, do you think the Aldi product constitutes a trademark infringement? Discuss with reference to case law.704849307733
Image sourced from: http://www.dailymail.co.uk/news/article-2508069/Aldi-successful-copies-brands-improves-quality.htmlSome further guidance:
This assignment is a problem solving assignment applying the materials covered in Module 4 - 5 and notes you to explore the rules of trademark and apply them in a real world scenario. Although the outcome of this dispute can be easily found on the internet the task requires you to justify your argument using applicable legislation and cases.
Referencing must be in accordance with AGLC (a copy of which is available under the myReadings tab).
Prescribed reading materials:
Reading materials from Module 4 - 5.
Prescribed Readings Weeks 4 - 5.
Rubric
Criteria High Distinction Distinction Credit Pass Fail
Style (10%)
Clear, coherent and concise writing style
Correct grammar, spelling and punctuation
Correct and appropriate use of referencing The paper is well written, clear and coherent and The is void of any grammatical and spelling mistakes This paper is generally well written and well explained although some further clarity would have been good in parts. A few grammatical and spelling mistakes can be found. The paper communicates concepts effectively. Some grammatical and spelling mistakes can be found. The paper communicates main concepts, however further clarity needed places. A number of grammatical and spelling mistakes can be found The paper is not well explained and struggles to communicate main concepts and arguments. A significant number of grammatical and spelling mistakes can be found.
Structure (10%)
Coherent and logical structure
Description followed by critique of applicable concepts/theory The paper is well structured and demonstrated strong logic, coherent argument, with very minor logical fallacies. The paper is well structures and demonstrated strong logic, coherent argument, with very few logical fallacies. A logical structure is present, but some logical fallacies can still be found. A skeletal logical structure is present, but the paper is marked by a lack of a rigorous logical flow. Although an embryonic logical structure is present, the paper is still highly confused.
Understanding (50%)

• Demonstrates accurate understanding of legal issues
• Demonstrates accurate understanding of the applicable concepts/theories
• Deals effectively with complexity of issues
• Demonstrates critical thought A nuanced, deep and insightful independent argument is present. The paper shows a very advanced understanding of the issues raised by the essay question. An advanced independent argument is present. The paper shows a good understanding of the issues raised by the essay question. An independent argument is present. The paper shows an understanding of the issues raised by the essay question. Further depth, and insight would improve the paper further. An independent argument is present, albeit not a particularly advanced and/or nuanced one. The paper shows a general understanding of the issues raised by the essay question. Further engagement with a range of issues raised by the essay question is required. An independent argument is somehow present, but is unclear. The paper fails to demonstrate appropriate depth, understanding or insight in relation to the essay question.
• Appropriate used of legislation and case law (30%)
• Makes reference to unit materials as appropriate
• Make reference to appropriate legislation and case law as needed All points have been properly and aptly supported by the use of relevant sources.
• All sources have been properly acknowledged Points are well supported. More nuanced sources and a more strategic use of these sources (with appropriate quotations) would strengthen the paper further. Most points are supported by the use of relevant sources and most sources are properly acknowledged
• Relevant sources are present and basically acknowledged A more advanced and consistent use of source materials is necessary to improve the paper. Ideas and doctrines from the unit content are used inappropriately and/or crucial ideas are missing.
• Grading Standards
• Fail: The student's performance fails to satisfy the learning requirements specified.
• Pass: The student's performance satisfies all of the basic learning requirements specified and provides a sound basis for proceeding to higher-level studies in the subject area. The student's performance could be described as satisfactory or adequate or competent or capable in relation to the learning requirements specified.
• Credit: The student's performance, in addition to satisfying all of the basic learning requirements specified, demonstrates insight and ability in analysing and applying relevant skills and concepts. The student's performance could be described as better than satisfactory or adequate or competent or capable in relation to the learning requirements specified.
• Distinction: The student's performance, in addition to satisfying all of the basic learning requirements, demonstrates distinctive insight and ability in analysing and applying relevant skills and concepts, and shows a well-developed ability to synthesise, integrate and evaluate knowledge. The student's performance could be described as distinguished in relation to the learning requirements specified.
• High Distinction: The student's performance, in addition to satisfying all of the basic learning requirements, demonstrates distinctive insight and ability in analysing and applying relevant skills and concepts, and shows exceptional ability to synthesise, integrate and evaluate knowledge. The student's performance could be described as outstanding in relation to the learning requirements specified.

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