BLB3129 - Intellectual Property Law Case study - Law Assignment Help

Assignment Task -

Task 1

Facts:

James is a young freelance photojournalist who is becoming well known for his photos of Special Olympic athletes with intellectual disabilities. He is regularly approached with request to license the use of his photographs in domestic and international markets for a variety of uses. On other occasions James’s images are copied from his own blog. James is becoming more IP-savvy and uses online tools such as Internet search engine Google and TinEye Reverse Image Search to check the web to see how his photos are being used. He discovers that a YouTuber has taken 10 of his photos as the background for his music video clip. The clip attracts 250,000 views. 

Questions:

Advice James how to protect his intellectual property right as his lawyer. 

Hints: It is essential to establish the existence of copyright, the ownership, the infringement and relevant remedies.

Task 2

To protect its intellectual property rights in the design of its fans, PAC Pty Ltd registered a design under the Design Act 2003 with respect to the ‘ceiling fan hub’ of its fans. An image of part of PAC’s design is depicted in the image below on the left. The design application also includes a statement of newness and distinctiveness which states:

Newness and distinctiveness is claimed in the features of shape and/or configuration of the hub of a ceiling fan represented in solid lines in the attached drawings.  In assessing newness and distinctiveness, no regard should be had of the shape and configuration of the fan blades as represented in broken lines, nor the number of fan blades.

Question:

TEC argued:

(a) there are significant differences between the Registered Design and the Razor as stated by the expert witness;

(b) the Registered Design is invalid due to the lack of newness. 

What would be your arguments as the lawyer of PAC?

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