LML4802
EXAM PACK
FOR ASSISTANCE WITH THIS MODULE +27 67 171 1739
,UNIVERSITY EXAMINATIONS
October/November 2023
LML4802
Competition and Trademarks Law
100 Marks
Duration 77 Hours
The question paper consists of EIGHT pages.
INSTRUCTIONS FOR A PORTFOLIO OR TAKE-HOME EXAM ON MYEXAMS
PLEASE READ THE FOLLOWING INSTRUCTIONS CAREFULLY BEFORE
ANSWERING THE EXAMINATION QUESTIONS.
1. The examination question paper counts 100 marks.
2. It consists of FOUR questions. Answer ALL questions.
3. The duration of the examination is SEVENTY-SEVEN hours. Your answers must
be submitted via the mymodules platform on 13 November 2023 before 15H00
(South African Standard Time).
4. This is an open-book examination. You may consult your prescribed study material
during the examination.
5. This examination is not proctored (or invigilated). The exam script will be processed
through Turnitin.
6. SUBMISSION OF YOUR EXAMINATION ANSWER FILE
Your answer to this portfolio or take-home examination must be submitted online on
the myUnisa platform under assessment 3.
7. The cover page of your take-home exam must include your name, student number
and the module code.
8. It is preferred that your portfolio or take-home exam is typed. However, handwritten
submissions will also be accepted. If the portfolio or take-home exam is typed, the
maximum length is TEN (12) pages (which excludes the cover page and the
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bibliography). If the portfolio or take-home exam is handwritten, the maximum length
is FIFTEEN (15) pages (which excludes the cover page and the bibliography).
Pages beyond the prescribed page limit will not be marked.
9. Whether your answers are typed or handwritten, your submission on the myExams
platform must be made in the form of one PDF document.
9.1 The exam answer file that you submit must not be password protected or uploaded
as a “read only” file.
9.2 Your examination answer file will not be marked if:
9.2.1 you send your examination answer file via email.
9.2.2 you submit the incorrect examination answer file.
9.2.3 you submit your exam answer file on an unofficial examination platform (including
the invigilator cellphone application).
9.2.4 you submit your examination answer file in the incorrect file format.
9.2.5 you submit a password-protected document.
9.2.6 you submit your examination answer file late.
9.3 The mark awarded for an incomplete examination answer file submission will be
your final mark. You will not be allowed to resubmit after the scheduled closing
date and time of the exam.
9.4 The mark awarded for an illegible examination answer file submission will be your
final mark. You will not be allowed to resubmit after the scheduled closing date and
time of the exam.
10. If your answers are typed, ensure that the following requirements are adhered to.
Items 10.3-10.6 applies to written assignments as well.
10.1 The text must be typed in Arial font, size 12, with single line spacing within the
paragraph, and double line spacing after the paragraph.
10.2 The text must be justified.
10.3 All of the pages must be numbered in the right-hand corner at the bottom of the
page.
10.4 All margins must be 2.5cm, but the left margin must be 3cm.
10.5 South African English and not American English should be used. For example, the
correct spelling is “Labour” and not “Labor”.
10.6 Do not use abbreviations or SMS language.
10.7 All quotes that are two lines long (or less), must form part of the main text, be written
in italics, and be bracketed by quotation marks. Where a quotation is longer than
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two lines, it must be typed in a separate paragraph in italics in size 11 font and
indented by 1 cm. No quotation marks are required when the quotations stand alone.
Use quotations very sparingly. In this take-home exam, a maximum of 5% of the text
may be quoted.
11. When answering the take-home exam questions, remember that an open-book
exam is a test at a higher level than the usual type of exam, where memory is tested
as much as insight. In an open-book exam, you need not memorise any information.
You are expected to prove that you can use information, rather than merely repeat
it. In brief, what is being tested is factual knowledge, understanding and the correct
application thereof, not memory skills. For this reason, you do not earn marks by
merely detailing a list of all the information that you think might be relevant to a
particular question. This does not indicate that you know what statutory or other
provisions are applicable in a specific context. You are expected to identify precisely
what information applies, and then explain why you think so.
11.1 Also, because you have the guide available when answering questions, we do not
give marks for direct quotations from the guide. You are therefore assessed on your
level of understanding of the legal principles by looking at how well you applied the
principles to the questions.
11.2 PLEASE DO NOT CUT AND PASTE ANSWERS FROM THE STUDY GUIDE (OR
ANY OTHER SOURCE).
12. The arguments that you make must be logical, well-structured and substantiated by
all of the relevant legal principles. You are given SEVENTY-SEVEN hours to
complete the take-home exam. Use the time given wisely.
12.1 Ensure that you give reasons for each answer. Substantiate your answers by
referring to ALL relevant authorities, e.g. sections from relevant legislation and/or
court cases in the text or your footnotes.
12.2 You are required to have read and summarised the prescribed cases yourself. The
summaries in the Study Guide are not sufficient for this exam. When using case law
to support your answer, please include complete references to the relevant cases in
your footnotes. This means that you must include not only the name of the case but
also the exact page and section, and/or paragraph where the information can be
found. The same applies to articles and books used.
12.3 A number of students lose marks because they do not approach problem-type
questions correctly. When answering such questions, it is important to first clarify for
yourself the area of work where the answer must be sought. Once you have done
this, set out the relevant legal principles. Deal only with those principles that relate
to the given facts. Next, apply these principles to the facts. This is where most of the
students lose marks - they set out the law in some detail, but then do not illustrate
how it applies to the factual situation they have been asked to solve. Finally, state
your conclusion.
