LML4801 PORTFOLIO MEMO - MAY/JUNE 2023 - SEMESTER 1 - UNISA - (DETAILED ANSWERS - DISTINCTION GUARANTEED!)

LML4801 PORTFOLIO MEMO - MAY/JUNE 2023 - SEMESTER 1 - UNISA - (DETAILED ANSWERS - DISTINCTION GUARANTEED!) SECTION A: COPYRIGHT QUESTION 1 1.1 Identify the author(s) of the book COVID on the brain and explain why this person or persons should be regarded as the author(s). (5) 1.2 Identify the owner of the copyright in the book COVID on the brain. (5) 1.3 Would your answers above be any different if the Mzanzi Institute of Health were a state institution? (5) [15] QUESTION 2 Would there be any copyright in either the collection of literature that the team made or the results of the tests performed on the 900 test subjects? Discuss fully. [10] QUESTION 3 Discuss Prof Pedant’s chances of succeeding in a claim for copyright infringement against the owner of the copyright in the book COVID on the brain. QUESTION 4 SECTION B: PATENTS [15] TOTAL FOR SECTION A: 40 Is there anything in the definition of an invention that may prevent each patent from being granted? [5] QUESTION 5 Now assume that the innovations are not excluded from being considered an invention at the outset. Is there anything that may lead to the patents’ revocation if they are granted? [15] QUESTION 6 As soon as the patent for the medical diagnostic tool is granted and the product is brought to market, Dr E Liminator alleges that the tool infringes his diagnostic tool patent which is used to detect genetic mutations on a broad number of genes that may indicate a propensity in a person to develop a variety of illnesses. The claims of his patent specify: A micro-fluidic device for performing a diagnostic or analytical test, the device comprising: a first chamber configured to be coupled to at least one other chamber and a bubble jet vacuum pump; the bubble jet vacuum pump structured to control delivery of a fluid from the first chamber to the at least one other chamber by pulling, under vacuum, a selected volume of fluid into the at least one other chamber, wherein another volume of fluid is ejected from a fluidic circuit including the bubble jet vacuum pump so as to create the vacuum. With reference to applicable case law, assess this assertion and advise Dr Buster on the best course of action to be taken. [20] TOTAL FOR SECTION B: 40 [TOTAL: 80]