Intellectual Property Law Research Assignment Rachel Case Study - Law Assignment Help

Assignment Task:

Task:

Intellectual Property Law Research assignment 1

Question 1 – 50%
In addition, Rachel has used one of her paintings dated 1977 picturing a tree to design a sculpture and moulded one sample of it. She exhibited it in the local art gallery in Sydney and it was sold immediately; the purchaser praised it as an ‘exceptionally original work of art’. She now wants to produce a series of similar sculptures and sell them across Australia and overseas. She heard something about design law and would be interested to know whether she could and should do anything to get her rights in the sculpture registered.
Please provide advice to Rachel whether she could and should register design rights into the sculpture. Can this sculpture be protected under other area of IP law? In your answer please refer to relevant statutory provisions and case law. Please clearly identify legal issues that need to be addressed, analyse them and provide a clear conclusion/recommendation at the end.
Approximate word count for Question 1 is 500 words (excluding footnotes)
 

Question 2 – 50%
Australian Law Reform Commission issued a Report on Copyright in Digital Society... One of the issues discussed in the report is whether additional copyright exceptions are needed to cover ‘text and data mining’ activities. Australian Writers’ Society thinks no new exception is needed to cover text and data mining activities. They asked you to prepare a brief memo arguing why Australia should not introduce an exception covering text and data mining activities. In this memo, briefly explain what text and data mining is, identify and explain the arguments that speak against introduction of TDM exception, and identify and rebut the arguments that speak in favor of introducing such an exception.
Please conduct independent research on this question. In your answer, please reference relevant national and international legal materials, policy documents and academic literature. Approximate word count – 1000 words (excluding footnotes)

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