Expression Dichotomy Is Fundamental To Copyright Law And NRL v Optus Case Study - Law Assignment Help

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Assignment Task -

Question 1

Compare the Fair Use approach used in the US with the Fair Dealing legislation and cases applicable in Australia. Given the Australian Law Reform Commission is looking at bringing Fair Use into operation here, provide comment on how best to implement it.

 

Question 2

Provide an analysis of the implications of NRL v Optus (National Rugby League Investments Pty Limited v Singtel Optus Pty Ltd [2012] FCAFC 59) for modern TV streaming providers.

 

Question 3

The idea/expression dichotomy is fundamental to Copyright law. Explore the differences in practice between Copyright and Patent law given that Patent affords more protection over the core idea behind an invention.

 

Question 4

Imagine you are giving guidance to a startup AI company that is providing technology to create new works from old. Advise them on the potential pitfalls of Copyright vs Patent for both their underlying technology as well as any works created.

 

Question 5

The Covid pandemic is going to rely heavily on the distribution of patented medical technologies, some based on modern genetic approaches to vaccination. Discuss how the international patent regime may help or hinder in this process.

 

Question 6

Large pharmaceutical companies need to invest a lot of money and time in not only finding new drugs and treatments, but getting them approved for use by Governments globally. Discuss the extent to which the balance is correct for incentive versus public good in the creation of these new treatments.

 

Question 7

The Designs Act 2003 (Cth) was implemented to replace the older 1906 legislation, with the intention of providing a simpler, more cost-effective system that provided industrial designers with rights that were easier to enforce. To what extent do you think it has achieved these aims?

 

Question 8

Given the potential overlap between Designs and Copyright, and even Circuit Layouts and Copyright, evaluate whether it would have been feasible to incorporate both as extensions to Copyright rather than regimes in their own right.

 

Question 9

Historically, laws of nature including algorithms were not regarded as patentable. This has opened up significantly in the last 20 years to the extent that major powerhouses like Apple, Google and Microsoft now control thousands of patents. Discuss whether this is consistent with the original aims of the IP system generally, and the Patent system in particular.

 

Question 10

Discuss the pros and cons of using Trade Secrets (Confidential Information) as a basis for protection of an invention that could also be protected by Patent.

 

 

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