Exam 2017, questions PDF

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DUBLIN CITY UNIVERSITY

SEMESTER 2 EXAMINATIONS 2016/2017 MODULE:

LG364 – Intellectual Property Law

PROGRAMME(S): BCL HMSA HMSAO BCLYA

BCL (Law and Society) Study Abroad (Humanities & Soc Science) Study Abroad (Humanities & Soc Science) BCL (Law and Society)

YEAR OF STUDY:

3,4,O,X

EXAMINER(S): Aisling De Paor Dr. Catherine Mitchell

(Ext:6471)

TIME ALLOWED:

2 Hours

INSTRUCTIONS:

Answer 3 questions. All questions carry equal marks.

PLEASE DO NOT TURN OVER THIS PAGE UNTIL YOU ARE INSTRUCTED TO DO SO. The use of programmable or text storing calculators is expressly forbidden. Please note that where a candidate answers more than the required number of questions, the examiner will mark all questions attempted and then select the highest scoring ones. There are no additional requirements for this paper.

LG364 – Intellectual Property Law Semester 2 Examinations 2016/2017

Page 1 of 4

QUESTION 1

[TOTAL MARKS: 33.33]

Discuss and analyse the scope and principles of the tort of Passing Off, having regard to relevant case law, including the Supreme Court judgment in McCambridge Limited v Joseph Brennan Bakeries [2012] IESC 46. Support your answer with reference to case law and other sources. [End of Question 1]

QUESTION 2

[TOTAL MARKS: 33.33]

Charlie is a lecturer and barrister in criminal law. He told his criminal law class of a particular criminal case that he was involved in. Charlie got his students to write down everything he said and asked them to re-enact the case via a mock court. The students re-enacted the case as closely as possible to what Charlie had described. He recorded the students on a Dictaphone, with their permission. Charlie was approached a short time later by RTE asking to use his recording of the mock court for a radio programme. Charlie agreed. Permission was not sought from the students in relation to the use of the recording on the radio. It subsequently transpired that Charlie had deviated from the facts of the criminal case and elaborated in parts in order to give his students more legal issues to deal with in the mock court. One of the students, Annie, heard the mock court on the radio and is suing Charlie. Advise Charlie on the legal position in this area. Support your answer with reference to case law and other sources. [End of Question 2]

LG364 – Intellectual Property Law Semester 2 Examinations 2016/2017

Page 2 of 4

QUESTION 3

[TOTAL MARKS: 33.33]

Modern society and the internet has facilitated new forms of consuming media and the file-sharing culture of today, threatening copyright in music and other artistic works, and provoking a conflict of rights between copyright ownership and freedom of expression in the internet environment. Discuss and analyse the concept of secondary infringement of copyright, having regard to relevant case law, including the recent case of Sony Music Entertainment Limited v UPC Communications Ireland Limited (No 1) [2015] IEHC 317, and the subsequent appeal. Support your answer with reference to case law and other sources. [End of Question 3]

QUESTION 4

[TOTAL MARKS: 33.33]

Critically assess and outline the grounds for refusal of a trade mark under EU and Irish law. In your answer, highlight the difference between the relative and the absolute grounds for refusal. Support your answer with reference to case law and other sources. [End of Question 4]

LG364 – Intellectual Property Law Semester 2 Examinations 2016/2017

Page 3 of 4

QUESTION 5

[TOTAL MARKS: 33.33]

Do morality and public policy have a role to play in the patent system? Critically discuss with particular reference to medical treatments, genetic advances and biotechnological inventions and the relevant jurisprudence and legislation. Support your answer with reference to case law and other sources. [End of Question 5]

[END OF EXAM]

LG364 – Intellectual Property Law Semester 2 Examinations 2016/2017

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