Final Exam 8 June 2019, questions PDF

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LAWS4222 Take-Home Final Exam

Due 9am 11 June 2019

LAWS4222 Take Home Exam Due 9am 11 June 2019 PART ONE Instructions: Part One of this exam is worth 30 marks. You must answer all parts of Part One. It is recommended that you allocate 1200 words to Part One. You do not need to observe the AGLC in your answer. Exam conditions apply and a primary or secondary source only needs to be identifiable.

Question One Penny works in the central marketing and communications unit of the Australian National University (ANU). Penny has been tasked with creating a marketing campaign for the ANU designed to recruit students to the university in 2020 and 2021. Penny comes up with the slogan “Slay in Your Lane! #AnuCrushes.” The marketing team at the ANU puts the slogan into a graphic of a young brown-haired woman running. The slogan appears below the woman ’s feet. The graphic of the young woman is based on a photo of an ANU student. However, the photo has been treated with graphic effects so that the woman is almost unrecognisable. The woman’s torso appears golden in the graphic while her hair remains brown. When the graphic was being developed, Penny showed different versions of it to her boyfriend Sheldon. In turn Sheldon commented on it and suggested changes. The final version of the full graphic (the final complete graphic) is one that Sheldon suggested. It includes: (i) the young brown-haired woman running; (ii) her torso appearing gold; (iii) the slogan “Slay in Your Lane! #AnuCrushes”; (iv) a blue ring with white stars circling both the running woman and the slogan. The ANU submits the full graphic for trademark registration. In late May 2019, Penny became aware that the ANU had been the victim of a cyber hack by an unknown ‘sophisticated operator’. Penny was tasked with drafting the press release. That night, Penny went out for drinks with her friend Trayvon. The two went for drinks at Monster Bar in the Nishi Building. Trayvon works at the ANU Law School. As they were seated on the couches enjoying the slightly expensive drinks at Monster Bar, Penny said to Trayvon, “Are you aware that the ANU has been the victim of a cyber attack by a sophisticated operator and that 19 years worth of data has been taken? I know and now I am telling you, but nobody else knows as yet.” Trayvon looked surprised. He then said, “A sophisticated operator? Well that rules out anybody in Canberra!” He then noticed that the waitress who was coming over to them was one of his law students. He quickly added, “We had better keep this hush-hush.” Regrettably, Trayvon ended up having too many drinks that evening. Later that night when he returned to his office he turned on his computer and went onto Facebook and visited the ANU Crushes 2.0 Facebook page. He then wrote, “To the hacker who stole 1

LAWS4222 Take-Home Final Exam

Due 9am 11 June 2019

everybody’s data at the ANU. You have also stolen my heart.” This was noticed by a Canberra Times news reporter. By reading Trayvon’s Facebook feed the reporter was able to piece together his evening. She then visited Monster Bar and spoke to the waitress, who appeared in the background of one of Trayvon’s photos and had overheard fragments of Penny and Trayvon’s conversation. The reporter then wrote a story which was published on the front page of the Canberra Times. While reading the BBC News website, Penny realises that the slogan “Slay in Your Lane” is trademarked in the United Kingdom. Penny sends a hyperlink of the BBC news story to her boss: https://www.bbc.com/news/uk-48435772 Penny now remembers buying and reading the Slay in Your Lane book when she was last at Heathrow Airport in June 2018. Slay in Your Lane is a registered trademark in the United Kingdom, but not in Australia. However, the book, Slay in Your Lane, is widely available in Australia through the publisher HarperCollins. Penny seeks your advice on the following matters: (i) (ii) (iii)

(iv)

Has Trayvon breached his obligation of confidentiality to the Australian National University? (10 marks) Would the Australian National University be liable for passing off if it persisted with the Slay in Your Lane Campaign? (5 marks) Would the Australian National University be denied trademarks registration in the final complete graphic under s 43 of the Trademarks Act 1995 (Cth)? (10 marks) If it were an original artistic work, is Sheldon entitled to any copyright ownership in the final complete graphic? (5 marks)

Part Two Instructions: Answer any one of the five following sub-questions contained in Question Two. Your answer should be to a maximum of 800 words. You do not need to observe the AGLC in your answer. Exam conditions apply and a primary or secondary source only needs to be identifiable.

Question Two Critically discuss the intellectual property issues relevant to: (i)

TRIPS and Public Health (Access to Medicines); or

(ii)

Tobacco Plain Packaging; or

(iii)

Intellectual Property and Investment Law; or

(iv)

Intellectual Property and Food Security; or

(v)

Copyright and Artificial Intelligence.

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