LML4801 Assignment 1 (ANSWERS) Semester 1 2026 - DISTINCTION GUARANTEED

Comprehensively structured LML4801 Assignment 1 (ANSWERS) Semester 1 2026 - DISTINCTION GUARANTEED. Prepared to a distinction standard with detailed and well-developed responses.. LML4801 Patent and Copyright Law Assignment 1, First semester 2026 Due Date: 24 March 2026 20 marks, max 600 words (about 1,25 pages, excluding the cover page, footnotes and bibliography) This assignment is about Lesson 2 COPYRIGHT, in conjunction with Lesson 1 INTRODUCTION. You will note that the Assignment 1 question relates to the LML4801 specific outcomes (as they relate to copyright law) – 1. Identify and investigate the role of copyright in current South African law and everyday life. 2. Demonstrate a critical understanding of the history and theoretical framework of, and the most pressing and prevalent issues regarding copyright law. 3. Apply the principles of copyright law in practical situations to solve multi- dimensional legal problems associated with copyright. 4. Conduct research on matters pertaining to copyright. (See Tutorial Letter LML4ALL /101/3/2026 at 2.2 Outcomes on p 8.) Your assignment answer must be typed in Arial font, size 12 with single line spacing within the paragraph, and double line spacing after the paragraph. Your answer for the whole assignment should not exceed 600 words, which is about 1,25 typed pages in the format prescribed above. 600 words is enough for answering this assignment. Plan carefully. Accurate answers and precise references (including page and paragraph numbers) are required. Credit will be given for meaningful references to relevant South African legislation, court decisions and scholarly opinion (textbooks and articles). Only refer to foreign and international law if it can add meaningfully to your comprehensive engagement with South African law. Acknowledge your sources in footnotes or in the text itself, and in your bibliography at the end of the assignment. For this assignment, please use the footnotes for referencing only and not for furthering your argument. Suggested style: see Tutorial Letter 302/4/2025 School of Law Referencing Style Guide. Your footnotes, cover page and bibliography are excluded from the 600-word limit. Do not list any sources in your bibliography that you have not consulted directly. Why is it important that, for purposes of protecting the constitutional rights of disabled persons, copyright exceptions should not be limited to reproductions? Your answer should briefly yet meaningfully incorporate the reasons for the Constitutional Court decision in Blind SA v Minister of Trade, Industry and Competition and Others [2022] ZACC 33. Would the book club’s reading recordings be excused by section 12(1)(a) of the Copyright Act 98 of 1978? Is there anything in section 19D(3) of the Copyright Act 98 of 1978, as read in by Blind SA v President of the Republic of South Africa and Others [2025] ZACC 9, that would prevent the book club’s making of reading recordings for Marjorie from being excused? Scenario M is a tech-savvy fourth year law student at a residential South African university. She created a computer program (Artificial Intelligence (AI)) called CheatSheet ostensibly to help students with their assignments, which she charges a once-off subscription fee to use. CheatSheet is trained on the following documents, without M having obtained any permission for such use: electronic licensed copies of textbooks that M accessed through the university library’s website; published versions of court judgments from a law publisher’s database, including the editors’ summaries at the beginning of each case; study notes begged, borrowed, and bought from classmates; and lecturers’ notes uploaded onto their universities’ module sites. M is confident that, because CheatSheet is for educational use, she cannot be liable for copyright infringement. She also acknowledges all the authors of material that CheatSheet is trained on as her “Database co-authors”. Further, M has become aware that Z had copied CheatSheet and is making it available free of charge, which interferes with the income M is getting from CheatSheet. 1. Can M prevent Z’s actions in relation to CheatSheet? By way of at least one example, real or imagined, briefly explain how section 19D supersedes the minimum standards set by the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled of 2013 by benefitting a broader group of disabled persons. You are asked to suggest another novel about Artificial Intelligence for the book club to read. What would you recommend? DO NOT CUT AND PASTE ANSWERS FROM THE LESSONS OR ANY OTHER SOURCE. You may not repeat the wording from any source, including the study material, without properly attributing it as a quotation. As no marks (or few marks only) will be given for direct quotations from any source, quotations are an absolute waste of precious space. It is imperative to use your own words to convey your understanding of the work. Unacknowledged copying/plagiarism or any other forms of cheating will lead to a 0 mark. As the aim of the assignment is to engage with the prescribed study material and formulate your own response to the question, the use of Artificial Intelligence is not allowed. Marjorie suffers from Guillain-Barré syndrome (GBS). This rare and serious autoimmune disorder left her temporarily paralysed. Even though she is recovering, after a few weeks she can still barely move her arms and legs. At present it is therefore impossible for her to hold a book. Before Marjorie became ill – it all happened within 24 hours – she attended bi-weekly book club meetings. The book club members are now taking turns to read books aloud and record such readings so that Marjory can listen to it. Every second Friday afternoon the book club meets around Marjorie’s bed in the rehabilitation ward to discuss these books. The book they are currently reading is “Klara and The Sun” by Kazuo Ishiguro. The author was born in Nagasaki, Japan on 8 November 1954 and emigrated with his family to Britain in 1960. It was published in the UK and the US in 2021. One of the book club participants, Rentia, is tasked with recording her reading of this book for Marjorie. Timeline relating to the Copyright Amendment Bill of 2017 (CAB), related procedures and court cases (The dates for the CAB versions are according to the Parliamentary Monitoring group website B13-2017 | 16 May 2017 B13B-2017 | 16 Nov 2018 Blind SA v Ministry of Trade, Industry and Competition and Others (14996/21) [2021] ZAGPPHC 871; 2021 BIP 14 (GP) (7 December 2021) – reading in s 19D of the B version of the CAB B13D-2017 | 09 Jun 2022 Blind SA v Minister of Trade, Industry and Competition and Others [2022] ZACC 33, 21 September 2022 – reading in s 13A. (This case is also known as “Blind SA I”.) What types of copyright works are incorporated in the books that the club reads? Until when will copyright in the text or story of the Klara and the Sun book endure? Will the source you cited for your answer in 1.2 above be the same if the book club reading recording takes place in a country other than South Africa? Briefly explain why Rentia’s recording of her reading constitutes a reproduction for purposes of section 6(a) of the Copyright Act 98 of 1978. What type of work does Rentia’s recording constitute? B13E-2017 | 01 Aug 2023 B13F-2017 | 05 Sep 2023 10 October 2024 CAB referred to the Constitutional Court: Blind SA v President of the Republic of South Africa CCT 300/24,13 Dec 2024. Interim order reading in s 13A: a/wp-content/uploads/2025/01/ Blind SA v President of the Republic of South Africa and Others [2025] ZACC 9, 7 May 2025 – reading in s 19D of the F version of the CAB (Section 19D in the CAB F version differs from e.g. the CAB B version). (This case is also known as “Blind SA II”.) Ex Parte President of the Republic of South Africa: In re Constitutionality of the Copyright Amendment Bill and the Performers’ Protection Amendment Bill (Heard by the Constitutional Court on 21 and 22 May 2025; judgment pending.) Scenario Peter works for Pharmabayu Inc in South Africa, as a researcher testing various dosage regimes of known and new pharmaceutical compounds. While on holiday, he devises a new dosage regime for an existing pharmaceutical compound known to be used in cardiac arrythmia management medicine since 2004. Pharmabayu applies for a patent for which the patent claim for the patent (granted on 5 August 2023) reads as follows: ‘The use of the compound (maxorevo) for the manufacture of a medicament in an oral dosage form for the treatment of cardiac disorders for administration no more than once daily for at least seven consecutive days, where said compound has a plasma concentration half-life of 12 hours or less when orally administered to a human patient, wherein the cardiac disorder is arrhythmia, and wherein the oral dosage form is a rapid-release tablet.’ A rival pharmaceutical firm, R.D. Gen, decides to apply for the revocation of this patent to bring their own cardiac arrythmia medicine (which also makes use of maxorevo) to market. The maxorevo compound was first identified in March 2001. Outline the potentially viable revocation grounds that R.D. Gen might rely on for this application and comment on the likelihood of success for each ground. LML4801 Patent and Copyright Law Assignment 1, First semester 2026 Due Date: 24 March 2026 20 marks, max 600 words (about 1,25 pages, excluding the cover page, footnotes and bibliography) This assignment is about Lesson 2 COPYRIGHT, in conjunction with Lesson 1 INTRODUCTION. You will note that the Assignment 1 question relates to the LML4801 specific outcomes (as they relate to copyright law) – 1. Identify and investigate the role of copyright in current South African law and everyday life. 2. Demonstrate a critical understanding of the history and theoretical framework of, and the most pressing and prevalent issues regarding copyright law. 3. Apply the principles of copyright law in practical situations to solve multi- dimensional legal problems associated with copyright. 4. Conduct research on matters pertaining to copyright. (See Tutorial Letter LML4ALL /101/3/2026 at 2.2 Outcomes on p 8.) Your assignment answer must be typed in Arial font, size 12 with single line spacing within the paragraph, and double line spacing after the paragraph. Your answer for the whole assignment should not exceed 600 words, which is about 1,25 typed pages in the format prescribed above. 600 words is enough for answering this assignment. Plan carefully. Accurate answers and precise references (including page and paragraph numbers) are required. Credit will be given for meaningful references to relevant South African legislation, court decisions and scholarly opinion (textbooks and articles). Only refer to foreign and international law if it can add meaningfully to your comprehensive engagement with South African law. Acknowledge your sources in footnotes or in the text itself, and in your bibliography at the end of the assignment. For this assignment, please use the footnotes for referencing only and not for furthering your argument. Suggested style: see Tutorial Letter 302/4/2025 School of Law Referencing Style Guide. Your footnotes, cover page and bibliography are excluded from the 600-word limit. Do not list any sources in your bibliography that you have not consulted directly. Why is it important that, for purposes of protecting the constitutional rights of disabled persons, copyright exceptions should not be limited to reproductions? Your answer should briefly yet meaningfully incorporate the reasons for the Constitutional Court decision in Blind SA v Minister of Trade, Industry and Competition and Others [2022] ZACC 33. Would the book club’s reading recordings be excused by section 12(1)(a) of the Copyright Act 98 of 1978? Is there anything in section 19D(3) of the Copyright Act 98 of 1978, as read in by Blind SA v President of the Republic of South Africa and Others [2025] ZACC 9, that would prevent the book club’s making of reading recordings for Marjorie from being excused? Scenario M is a tech-savvy fourth year law student at a residential South African university. She created a computer program (Artificial Intelligence (AI)) called CheatSheet ostensibly to help students with their assignments, which she charges a once-off subscription fee to use. CheatSheet is trained on the following documents, without M having obtained any permission for such use: electronic licensed copies of textbooks that M accessed through the university library’s website; published versions of court judgments from a law publisher’s database, including the editors’ summaries at the beginning of each case; study notes begged, borrowed, and bought from classmates; and lecturers’ notes uploaded onto their universities’ module sites. M is confident that, because CheatSheet is for educational use, she cannot be liable for copyright infringement. She also acknowledges all the authors of material that CheatSheet is trained on as her “Database co-authors”. Further, M has become aware that Z had copied CheatSheet and is making it available free of charge, which interferes with the income M is getting from CheatSheet. 1. Can M prevent Z’s actions in relation to CheatSheet? By way of at least one example, real or imagined, briefly explain how section 19D supersedes the minimum standards set by the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled of 2013 by benefitting a broader group of disabled persons. You are asked to suggest another novel about Artificial Intelligence for the book club to read. What would you recommend? DO NOT CUT AND PASTE ANSWERS FROM THE LESSONS OR ANY OTHER SOURCE. You may not repeat the wording from any source, including the study material, without properly attributing it as a quotation. As no marks (or few marks only) will be given for direct quotations from any source, quotations are an absolute waste of precious space. It is imperative to use your own words to convey your understanding of the work. Unacknowledged copying/plagiarism or any other forms of cheating will lead to a 0 mark. As the aim of the assignment is to engage with the prescribed study material and formulate your own response to the question, the use of Artificial Intelligence is not allowed. Marjorie suffers from Guillain-Barré syndrome (GBS). This rare and serious autoimmune disorder left her temporarily paralysed. Even though she is recovering, after a few weeks she can still barely move her arms and legs. At present it is therefore impossible for her to hold a book. Before Marjorie became ill – it all happened within 24 hours – she attended bi-weekly book club meetings. The book club members are now taking turns to read books aloud and record such readings so that Marjory can listen to it. Every second Friday afternoon the book club meets around Marjorie’s bed in the rehabilitation ward to discuss these books. The book they are currently reading is “Klara and The Sun” by Kazuo Ishiguro. The author was born in Nagasaki, Japan on 8 November 1954 and emigrated with his family to Britain in 1960. It was published in the UK and the US in 2021. One of the book club participants, Rentia, is tasked with recording her reading of this book for Marjorie. Timeline relating to the Copyright Amendment Bill of 2017 (CAB), related procedures and court cases (The dates for the CAB versions are according to the Parliamentary Monitoring group website B13-2017 | 16 May 2017 B13B-2017 | 16 Nov 2018 Blind SA v Ministry of Trade, Industry and Competition and Others (14996/21) [2021] ZAGPPHC 871; 2021 BIP 14 (GP) (7 December 2021) – reading in s 19D of the B version of the CAB B13D-2017 | 09 Jun 2022 Blind SA v Minister of Trade, Industry and Competition and Others [2022] ZACC 33, 21 September 2022 – reading in s 13A. (This case is also known as “Blind SA I”.) What types of copyright works are incorporated in the books that the club reads? Until when will copyright in the text or story of the Klara and the Sun book endure? Will the source you cited for your answer in 1.2 above be the same if the book club reading recording takes place in a country other than South Africa? Briefly explain why Rentia’s recording of her reading constitutes a reproduction for purposes of section 6(a) of the Copyright Act 98 of 1978. What type of work does Rentia’s recording constitute? B13E-2017 | 01 Aug 2023 B13F-2017 | 05 Sep 2023 10 October 2024 CAB referred to the Constitutional Court: Blind SA v President of the Republic of South Africa CCT 300/24,13 Dec 2024. Interim order reading in s 13A: a/wp-content/uploads/2025/01/ Blind SA v President of the Republic of South Africa and Others [2025] ZACC 9, 7 May 2025 – reading in s 19D of the F version of the CAB (Section 19D in the CAB F version differs from e.g. the CAB B version). (This case is also known as “Blind SA II”.) Ex Parte President of the Republic of South Africa: In re Constitutionality of the Copyright Amendment Bill and the Performers’ Protection Amendment Bill (Heard by the Constitutional Court on 21 and 22 May 2025; judgment pending.) Scenario Peter works for Pharmabayu Inc in South Africa, as a researcher testing various dosage regimes of known and new pharmaceutical compounds. While on holiday, he devises a new dosage regime for an existing pharmaceutical compound known to be used in cardiac arrythmia management medicine since 2004. Pharmabayu applies for a patent for which the patent claim for the patent (granted on 5 August 2023) reads as follows: ‘The use of the compound (maxorevo) for the manufacture of a medicament in an oral dosage form for the treatment of cardiac disorders for administration no more than once daily for at least seven consecutive days, where said compound has a plasma concentration half-life of 12 hours or less when orally administered to a human patient, wherein the cardiac disorder is arrhythmia, and wherein the oral dosage form is a rapid-release tablet.’ A rival pharmaceutical firm, R.D. Gen, decides to apply for the revocation of this patent to bring their own cardiac arrythmia medicine (which also makes use of maxorevo) to market. The maxorevo compound was first identified in March 2001. Outline the potentially viable revocation grounds that R.D. Gen might rely on for this application and comment on the likelihood of success for each ground.