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LML4801
Patent and copyright law
PORTFOLIO
MEMO
SEMESTER 2 – 2024 - UNISA
UNIQUE NUMBER: -
DUE DATE: - 22 OCTOBER 2024
Includes Footnotes and/or Bibliography.
PREVIEW
ABC (Pty) Ltd is a company that develops and manufactures telesurgery robotic systems. In
telesurgery, or remote surgery, surgeons use wireless networks and robotic systems to operate
on patients from a distance. If, for example, you are far from a hospital – in a remote area, in an
aircraft, or even in space – but have access to such a robotic system, you can be operated on by
the robot that is remote-controlled by a human surgeon. Telesurgery is dependent on smooth,
real-time data transmissions. Even the smallest time-lag – delays in the live video streaming
relayed from the patient to the doctor, or the doctor’s commands relayed to the robotic system –
can have devastating results. Fortunately, with technology like 5G the future of robotic telesurgery
looks bright. ABC (Pty) Ltd commissioned Jo, a freelance computer programmer, to write a
computer program to monitor and mitigate latency time in the interactive data communication
between the surgeon and the robotic system. ABC had worked with Jo before: they simply
explained what they needed and then left Jo to get the job done. ABC started marketing the
computer program and the systems incorporating it in 2023.
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, SCENARIO
ABC (Pty) Ltd is a company that develops and manufactures telesurgery robotic
systems. In telesurgery, or remote surgery, surgeons use wireless networks and
robotic systems to operate on patients from a distance. If, for example, you are far
from a hospital – in a remote area, in an aircraft, or even in space – but have access
to such a robotic system, you can be operated on by the robot that is remote-
controlled by a human surgeon. Telesurgery is dependent on smooth, real-time
data transmissions. Even the smallest time-lag – delays in the live video streaming
relayed from the patient to the doctor, or the doctor’s commands relayed to the
robotic system – can have devastating results. Fortunately, with technology like 5G
the future of robotic telesurgery looks bright. ABC (Pty) Ltd commissioned Jo, a
freelance computer programmer, to write a computer program to monitor and
mitigate latency time in the interactive data communication between the surgeon
and the robotic system. ABC had worked with Jo before: they simply explained
what they needed and then left Jo to get the job done. ABC started marketing the
computer program and the systems incorporating it in 2023.
ABC’s employees had spent much time, skill, and effort to develop Standard
Operating Procedures (SOP) for using their systems. Much of what should be
contained in such SOP brochures is prescribed by the state. The brochures are
text-only (with no artistic works) and you can accept that copyright subsists in
them. It came to ABC’s attention that XYZ (Pty) Ltd, ABC’s competitor, is selling
one of their (XYZ’s) robotic system with a substantially improved version of an ABC
SOP brochure. ABC writes to XYZ to demand that they stop infringing ABC’s
copyright. Further, ABC (Pty) Ltd applied for a patent relating to some of its
technology in the field of remote surgery robotic systems, particularly over a
patient-side device for a surgical system.
