CLA1502 answer paper 19 November 2020.

October /November 2020 Examination Commercial Law 1B Date: 19 November 2020 Student Number: OUESTION 1 1.1Difference between arbitration and litigation:  Arbitration proceedings are less formal  In arbitration there is no right to appeal if party is unhappy with decision awarded whereas in litigation a party is allowed to appeal against a decision  The cost of the venue and presiding officer are borne by state in litigation and in arbitration parties are responsible for all cost  Arbitration offers the benefits, over court litigation, but its finality often discourages parties from having recourse to it. 1.2Two remedies a lessor may use to protect this right:  Tacit hypothec-the lessor may only make use of this remedy only when the rent is in arrears  Automatic rent interdict –it would prevent a person from removing any movable that may be given as security for unpaid rent. 1.3Differences between the law of copy right and the law of patents:  Law of Copyright is divided into two requirements ‘’( inherent and formal)’’ and Law of patent three requirements must exist before invention can be patented ‘’( be new , involve an inventive step and be capable of use or applicable in trade , industry and agriculture)” 1.4Discuss the acts which will constitute an infringement of a trade mark:  Infringement occur when persons other that the registered proprietor uses a mark which is identical or confusingly similar to the registered trade mark applicable to goods or service for which the trade mark is registered.  Is not limited to the exact goods and services covered by the trade mark registration.  Available only in the case of registered mark which are popular in the Republic. 1.5Discuss the protection of the franchisor’s intellectual property rights: