Exam (elaborations)
LML4801 EXAM PACK 2022
- Institution
- University Of South Africa (Unisa)
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By: rankyphelane • 2 year ago
from page79 to the last page are cut into half, not clear, sentences are cut
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LML4801EXAM PACK
, PATENT AND COPYRIGHT LAW (LML4801)
FI CONCESSION EXAM 14:00, 14 FEB 2020 – 10:00, 17 FEB 2020
100 MARKS
Instructions
Please answer all the questions in both SECTION A and SECTION B.
Refer to the relevant South African legislation and case law when answering the
questions. Apply the law to the facts and state your conclusions, where
appropriate.
Please send back your answers (as a Word document, a PDF document, or a scanned
document attachment) via e-mail to geyers@unisa.ac.za by 10:00 on Monday, 17
February 2020. No late submissions will be accepted.
This is an open book examination.
Your total examination answer should be about 8 to 10 pages long (about 1 page for every
10 marks), but no longer than 11 pages.
Your answers must be accompanied by the following completed declaration. Answers
submitted without this declaration will not be marked and you will receive zero percent.
Read the declaration before starting to answer the questions.
Declaration
I know that plagiarism is to use someone else’s work and pass it off as my own.
I know that plagiarism is wrong.
I confirm that these answers are my own work.
I have acknowledged in the bibliography accompanying the answers all the sources that I have
used.
I have not directly copied without acknowledgement anything from the Internet or from any other
source.
I have indicated every quotation and citation in a footnote or bracket linked to that quotation.
I have not allowed anyone else to copy my work and to pass it off as their own work.
I understand that if any unacknowledged copying whatsoever appears in my answers I will
receive zero per cent.
I am aware of the UNISA policy on plagiarism and understand that disciplinary proceedings can
be instituted against me by UNISA if I contravene this policy.
I indicate my understanding and acceptance of this declaration by entering my name hereunder.
Name:
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, SECTION A: COPYRIGHT LAW
Question 1
While travelling through a drought-stricken part of South Africa that recently received good rains,
Lorraine created music and lyrics for a song entitled “Life anew”. She recorded the song on her
cell phone. Lorraine grew up in South Africa but now lives in Tunisia, a member country of the
Berne Convention, where she is involved in an organic agriculture research project. She was in
South Africa visiting family and friends when she composed the song.
1.1 Identify the three types of copyright “work” embodied in Lorraine’s song. (3)
1.2 Choose the correct answer and provide a short explanation for your answer.
Lorraine’s song will enjoy copyright protection in –
(a) South Africa only
(b) Tunisia only
(c) South Africa and Tunisia only
(d) All countries of the world
(e) South Africa, Tunisia and certain other countries. (4)
1.3 Does Lorraine have to register her copyright? Answer YES or NO and give a brief
explanation. (4)
1.4 After Lorraine’s song is released on iTunes, a Spanish translation of her song is performed
in Spain without her permission. Substantiate your answers to 1.4.1 and 1.4.2 below with
accurate references (e.g. page and/or paragraph numbers) to the judgment in Gallo Africa
v Sting Music 2010 (6) SA 329 (SCA).
1.4.1 Would the South African Copyright Act apply to this scenario? (2)
1.4.2 Would a South African court have jurisdiction in this matter? (2)
[15]
Question 2
A and B are co-authors of an illustrated children’s book. A died in 2000 and B is still alive. Identify
the three types of copyright “work” embodied in the book, and explain when the copyright will
expire. [5]
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, Question 3
Discuss the court’s application of the Constitution in National Soccer League T/A Premier
Soccer League v Gidani (Pty) Ltd [2014] 2 All SA 461 (GJ).
[10]
Question 4
Puseletso was employed by Watch Us television channel. In the course of her employment she
created a popular program to teach small children important life skills and good behavior. The
well-known characters in the program are three flower fairies called Clivia, Tulip and Malva.
Puseletso passed away in 2017. Watch Us continued broadcasting the programs. During 2019,
Midnight Magazine published a series of cartoons in which Clivia, Tulip and Malva engage in all
sorts of dishonest and decadent behavior, which most of their readers apparently find quite
amusing. Puseletso’s children are very upset about these cartoons. Advise them on their chances
of being successful in an action for infringement of their late mother’s moral rights.
[20]
TOTAL FOR SECTION A: 50
SECTION B: PATENT LAW
Question 5
One of the recycling uses for the loads of human hair thrown away by hairdressers and barber
shops, is plant fertilisation. Research has shown that hair is more effective for slow-growing than
for fast-growing plants, probably because of the time it takes for hair to degrade and release its
nutrients.
A young chemical engineer from Bloemfontein, Mike, has developed a product for treating hair
just before it is worked into the soil, which causes the hair to break down faster. Mike applied for a
patent for his invention on 7 February 2018.
Shortly after Mike’s product was launched, Linda from Cape Town started to manufacture a
product similar to Mike’s. Both Mike and Linda’s products contain four ingredients each. Although
Linda’s product is not quite as good as Mike’s, it is much cheaper to produce and hence hair can
be recycled as a very cost-effective plant food in South Africa and abroad.
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