IURE422: Intellectual Property (IP) Law – Report Writing - Assignment Help

Assignment Task:

Task:

Question 1 – Copyright law [25 marks]

Cyril Ramashaka, who rents and runs a posh Johannesburg hotel, the Southern Cross Heaven, decides on a comprehensive new approach of marketing the comfort or grandieur of the hotel. An essential component of the new marketing strategy is to give the hotel an “arty” touch. This entails, amongst others, putting paintings on the walls and placing objects of design in many of the hotel’s rooms. He also decides to refurbish the hotel lounge. He thus acquires new furniture, 24 fauteuils (armchairs), based on a design by the famous French artist Le Corbusier, which are put in the lounge for the guests to sit on. In 1928, Le Corbusier had designed a furniture series, including the fauteuils, which became world famous. He had made sketches of the fauteuils and instructed the French atelier Thronet to produce the chairs for sale at the time. Le Corbusier died in 1965. His legal successors granted the exclusive licence to produce the fauteuils to a French company. The manufacture of the chairs entails a substantial measure of “fine handwork.” The duration of copyright protection for furniture design in France is “the life of the creator plus 70 years.” This is how the original chairs look like:

Question 2 – Patent law [50 marks]
2.1. Vonartis (Pty) Ltd was the holder of a patent on a certain medicine, “Botalovalova”, which was used to treat kidney cancer. They were awarded the patent in 1990. After twenty years, in 2010, shortly before the patent on “Botalovalova” expired, Vonartis (Pty) Ltd successfully applied for a patent on a medicine with the name “Donalovalova”,also to treat kidney cancer. The active ingredient in the new medicine is virtually the same as in the old medicine, but the chemical composition of the ingredient has changed slightly. “Donalovalova” has the same basic treatment effect as “Botalovalova”, although clinical tests have shown that 3 out of a 100 patients experience somewhat fewer headaches if they take the new medicine. Just like “Botalovalova”, “Donalovalova” is very expensive. The majority of medical aid schemes in South Africa are not prepared to pay for it. Poorapatient (Pty) Ltd has developed an imitation product of “Donalovalova”. This could be made available at five percent of the price of “Donalovalova”.

Question 3 – Patent law [15 marks]

Describe the requirement of “inventiveness” for patentability in South African patent law. Refer to relevant provisions of the Patents Act, 1978, in your answer. Distinguish this requirement from that of “novelty.” Comment on how “inventiveness” is practically tested for by the South African Companies and Intellectual Property Commission when you seek registration of a patent. Assess the potential negative repercussions of the current arrangements of the patent system, in this regard, for society.

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