SECTION A
1. In 2018 sheep farmers in Australia created the Australian Lamb Development Agency (ALDA) for the promotion of specially reared Australian lamb through special farming called the ALDA method. This meat was initially sold on the domestic market although ALDA’s website allowed orders to be placed from around the world.
In 2020 Besco, a small London corner shop chain, entered into a contract with ALDA to sell ALDA method lamb in their shops. A small quantity of lamb was shipped to the UK but before it could go on sale Besco went into liquidation and the meat was eventually given away to local London charities.
In 2021 the large supermarket chain Calda started selling lamb with the tagline “bred using our own special Calda method”. Last year a farmer from South Gloucestershire called Alan Darling starting selling beef that he produced on his farm at the local farmer’s markets under the title Alda, an abbreviation of his name.
Advise ALDA over any issues involving passing off.
2. Critically evaluate the trademark issues in keyword advertising.
SECTION B
3. Evan, a well-known London rock musician, has been contracted by the Feel Good Film Production Company to produce the soundtrack for their latest film. Evan writes the music, whilst his friend Freda writes the lyrics and their band Geronimo play their songs in the Feel Good Film Production Company’s recording studio that is recorded by the sound engineer Hector. After the recording is completed Evan mixes and produces the finished songs, playing any additional elements himself. Hector, who is hired by Evan on a contract of service, assists Evan to incorporate various samples from the film into the music.
Evan plays the soundtrack to a DJ friend of his, Ian, who asks Evan to copy it to a CD. Ian then plays the CD in number of clubs where it proves to be very popular. Evan decides to release the CD on his own label Jump!, without any reference to the film, and it becomes a big hit.
Evan discovers that another band, the Klyngons, have released a heavy metal version of one of the songs off the CD, claiming it to be a parody. They have been playing it live in clubs where Ian had played the original CD.
Hector is now demanding recognition for his contribution to the creation of the soundtrack. He has realised that his name does not appear on the CD, whilst Evan is credited as the producer.
Advise Evan on any copyright issues that may arise.
4. The defences to copyright infringement have not kept pace with the reality of the modern consumer’s use of copyright protected material, especially with regard to technology.
Critically analyse this statement with particular regard to the recent amendments to the CDPA 1988.
SECTION C
5. Lisa is a windsurfer who works as a software engineer for company Microhard Ltd. In her spare time she develops a computer program that she incorporates into a device that she designs to fit to a windsurfer’s mast that can control the position of the mast and rig. This enables her to input information on weather and sea conditions so that the windsurfing board can adopt the most favourable settings for the rig according to the conditions. Lisa applies for a patent for her product that is granted by the UKIPO.
Nauticulus Ltd. learn of the patent and mount a legal challenge to revoke it. They claim that the automatic steering device that they fit to their upmarket motor yachts anticipates the patent, particularly when read in conjunction with an article in an American yachting journal that explains how to fit computer operated devices to sailing yachts. Furthermore they claim that the patented device containing the software program fails to solve any identifiable technical problem.
Microhard Ltd dismiss Lisa from her job, claiming that the invention was created during her normal employment duties and therefore it should be owned by Microhard Ltd.
Advise Lisa on the possible success of Nauticulus Ltd.’s attempt to revoke her patent and Microhard Ltd.’s claim of ownership of the patent.
6. ‘The Patents Act 1977 does not incorporate a doctrine of equivalents when courts consider the construction of a patent claim.’
Critically discuss this statement.
