UNIVERSITY OF KWAZULU-NATAL, PIETERMARITZBURG EXAMINATIONS: MAY/JUNE 2009 SUBJECT, COURSE AND CODE: INTELLECTUAL PROPERTY LAW (LAWS4IP) TOTAL

MARKS: 50 Mrs S Driver Professor T Woker

DURATION: 2 HOURS External Examiner: Internal Examiner:

STUDENTS ARE REQUESTED, IN THEIR OWN INTERESTS, TO WRITE LEGIBLY PLEASE NOTE: This paper consist of (2) pages. Please see you have them both. _________________________________________________________________________________ STUDENTS ARE REQUIRED TO ANSWER ALL QUESTIONS. QUESTION 1 Gloria has a business which specializes in making confectionary (sweets), cakes and other party favours for childrens birthday parties. She recently spent time on holiday in Northern KwaZuluNatal where she came across a coffee shop which specializes in making the most magnificent cakes. The shop is called The Goody Shop and the cakes are sold under the name Goody Cakes. These cakes are sold at various outlets throughout KwaZulu-Natal. Glory really likes this name and she wants to use the name Glorious Goodys as the name for the products that she sells. This name, she says, is a play on her own name. She approaches you for advice, and as a result of your discussion she tells you that she does not want to register the name as a trade mark because the process is too expensive. However, she informs you that she still intends to use the name as her trade mark despite the fact that she will not be registering it. Discuss the following issues which arise during your consultation. You inform Gloria that you should still establish whether the word Goody or Goody Shop is already registered as a trade mark. Explain to Gloria why this is necessary and what difference it would make if the words were/were not registered as trade marks. (15 marks) Gloria informs you that she has developed a wonderful recipe for chocolate sauce which she would like to patent. Discuss whether or not Gloria should patent this recipe. (5 marks) A baby show, the Baba Indaba, is to be held at the Durban International Conference Centre from 1-10 July. Gloria wanted to book at stall at the show in order to promote her products. However, she has discovered that this stall will cost her R50 000 for the 10 days. Gloria cannot afford this so she has decided to stand outside the venue and hand out pamphlets and special goody packs of her products to people who are attending the show. This form of advertising will cost her in the region of R5 000. Explain the legal position to Gloria. (5 marks) [25 MARKS]

UNIVERSITY OF KWAZULU-NATAL, PIETERMARITZBURG EXAMINATIONS: MAY/JUNE 2009 SUBJECT: INTELLECTUAL PROPERTY LAW PAGE 2 QUESTION 2 Joe is a financial advisor. He spends numerous hours on a daily basis scouring the financial papers and the internet for information about international markets. He also studies the daily financial reports and programs on television which focus on financial information. From all this information he compiles a monthly newsletter which informs his clients about trends in the financial markets. Clients pay a monthly fee of R500 for this service. He has now discovered that one of his clients, Patrick, is forwarding this newsletter to other people who are not paying his monthly fee. He has asked Patrick to stop doing this or to register his (Patricks) clients who must then pay the monthly fee. Patrick informs him that he has consulted a future lawyer (law student) who says that Patrick can continue what he is doing because Joes newsletters are not eligible for copyright because: (a) (b) there is no sign on the newsletter and; the newsletters are not original because Joe has used information from other people to compile them.

Explain the legal position to Joe. (15 marks)

QUESTION 3 Explain what is meant by: 3.1 an authors moral rights, and (5 marks) 3.2 there is no copyright in ideas. (5 marks) [10 MARKS]