Intellectual Property Law - Rationale Behind Granting Plant Breeders’ Rights - Accounting and Finance Assignment Help

Assignment Task:

Question 1  
1.1) What is the rationale behind granting plant breeders’ rights? 
1.2) What is the essence of the rights that plant breeders are granted? 
1.3) What is the main characterising feature that distinguishes two varieties of an apple? 
1.4) Identify and explain the extra step that a person has to take in order to obtain a plant breeder’s right for a newly discovered plant variety. 
1.5) Discuss ‘Farmers’ privilege’ and explain how the privilege is being abused in South Africa’s large-scale commercial farming operations. 

Question 2 
Identify or fill in the legal name/ principle/ concept in each of the following. 
2.1) _______ is the term used to describe the situation where traditional knowledge originating with indigenous people is used by others for profit, without permission from, and with little or no recognition of, the indigenous people.
2.2) _________ is the term used to describe the process of searching for new potentially valuable products when such products are based on biological resources and traditional knowledge, and then of commercialising such new products. 
2.3) __________ is the term given to the variety of life on earth and encompasses plants, animals and microorganisms.
2.4) An _________ species is defined as a species that occurs, or has historically occurred, naturally in a free state in nature within the borders of South Africa, but excludes a species that has been introduced into South African as a result of human activity.  
2.5) ____________ is knowledge, know-how, skills and practices that are developed, sustained and passed on from generation to generation within a community, often 
forming part of its cultural or spiritual identity.
o the public will not constitute a bar to obtaining valid design protection in South Africa. 

Question 4 
Indicate whether the following statements are true or false. 
4.1) It is not possible for an applicant for a patent to make a partial assignment of rights in the application.
4.2) It is possible to effect an assignment in respect of copyright in a future work. 
4.3) The unauthorised resale of genuine goods constitutes an infringement of the trade mark.
4.4) Intellectual property is able to be offered as collateral to secure a debt.
4.5) A patentee is permitted to secure rights contractually which fall outside of the scope of the rights afforded by a patent. 
 
Question 5  
Illustrate the manner in which legislation concerning traditional knowledge, cultural expressions and folklore operates, by discussing the case studies of hoodia and 
rooibos/honeybush. 

Question 6 
Differentiate between aesthetic and functional designs. 

Question 7 
Explain as to whether the doctrine of exhaustion of rights can prevent the rights holder from placing contractual restrictions on the use of a patented article after it has been sold. Please state ‘yes’ or ‘no’. Thereafter, motivate your answer by referring to the relevant case law. 

Question 8
8.1) A trade mark proprietor may authorise another person to sell goods and/or services under the trade mark. What is this known as and what is this authorisation 
contingent upon? 
8.2) List six commercial arrangements where the answer to 8.1 takes place. 

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