Exam (elaborations)

LML4801 Assignment 2 Semester 2 2024 | Due 18 September 2024

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Course
Patent and Copyright Law (LML4801)

Institution
University Of South Africa (Unisa)

LML4801 Assignment 2 Semester 2 2024 | Due 18 September 2024. Multiple Essays Provided. Background Information ‘International climate goals imply reaching net-zero global carbon dioxide (CO2) emissions by roughly mid-century (and net-zero greenhouse gas emissions by the end of the century). A...

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lml4801 assignment 2 semester 2 2024

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Background Information
‘International climate goals imply reaching net-zero global carbon dioxide (CO2) emissions by
roughly mid-century (and net-zero greenhouse gas emissions by the end of the century). Among the
most difficult emissions to avoid will be those from aviation given the industry’s need for
energy-dense liquid fuels that lack commercially competitive substitutes and the difficult-to-abate
non-CO2 radiative forcing… [A]mbitious reductions in demand for air transport and improvements in
the energy efficiency of aircraft might avoid up to 61% (2.8 GtCO2 equivalent (GtCO2eq)) and 27%
(1.2 GtCO2eq), respectively, of projected business-as-usual aviation emissions in 2050. However,
further reductions will depend on replacing fossil jet fuel with large quantities of net-zero emissions
biofuels or synthetic fuels (that is, 2.5–19.8 EJ of sustainable aviation fuels) - which may be
substantially more expensive.’

Scenario
The Saflying Company consists of various divisions relating to the Aviation industry, among others a
department for commercial flights and a research and development department. Since the reduction of
CO2 emissions has many benefits, one of the research and development teams is tasked to work on
creating fuels to replace or improve current fossil jet fuels, under the lead of Dr Williams. Her team
finds a simple way in which a fuel using plant or animal-derived oils is blended with more traditional
fossil fuel in order to create a fuel which has lower CO2 emissions when burned. Dr Williams (through
the company’s intellectual property management team) applies for a patent on 14 January 2023 with
the following description: ‘A process for producing at least one blended fuel from a paraffin rich
component and a cyclic rich component, where each of the components are generated from a
renewable feedstock, is presented. The paraffin rich component is generated from glycerides and free
fatty acids in feedstocks such as plant and animal oils. The cyclic rich component is generated from
biomass derived pyrolysis oil. The source of the animal or plant oil and the biomass may be the same
renewable source.’

1. The South African Department of Defence wishes to use this patented process for their own
jet fuel to improve their own environmental footprint, but also to save taxpayers’ money.
Consider all options available to the Department of Defence, including licensing, defences to
patent infringement and any applicable constitutional rights aspects.

 Essay 1

Introduction
As the world intensifies its efforts to combat climate change, achieving net-zero global carbon
dioxide (CO2) emissions by mid-century has become a critical goal. The aviation industry, however,
faces significant challenges in this regard due to its reliance on energy-dense liquid fuels that
currently lack commercially viable alternatives. In response to these challenges, innovative solutions
are emerging, such as a patented process developed by Dr. Williams and her team at Saflying
Company. This process involves blending plant or animal-derived oils with traditional fossil fuels to
create a more environmentally friendly jet fuel. The South African Department of Defence, keen on
reducing its environmental footprint and saving taxpayers’ money, is interested in utilizing this
patented technology. This essay explores the legal options available to the Department of Defence,

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Exam (elaborations)

LML4801 Assignment 2 Semester 2 2024 | Due 18 September 2024

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