The individual assignment for this course consists of a legal research paper on a specific topic in either

Individual Assignment

The individual assignment for this course consists of a legal research paper on a specific topic in either

patent law, copyright law or trademark law. Choose one of the topics listed below. Ensure that you

engage in preliminary reading and research before choosing your topic. After choosing your topic,

please come to my office for approval and to discuss the outline of your paper. Ensure that you conduct

proper research (no Wikipedia). Your paper should be a maximum of ten pages and a minimum 8 pages

(excluding table of authorities, footnotes and bibliography).

Rubric:

The Deadline for submission of this assignment is at Midnight on the 17th of February. Submission is on-

line. Your paper will be marked out of 20 points. You will be assessed on substance, form, deadlines and

professionalism of your paper. This includes:

1.) Substance: Identification of the legal issues; Knowledge and use of case law and doctrinal analyses;

extent of research; legal analysis {carries 5 points}

2.) Form: Paragraphs, headings, punctuation, spelling and grammar {carries 5 points}

3.) Professionalism: Formatting: correct citation and referencing for lawyers; use of cases, legislation,

journal articles; table of authorities; bibliography/references {carries 5 points}

4.) Meeting Deadlines: Submission of your paper on time for the due date. {carries 5 points}

Sources: Ensure that you use credible resources i.e. legal judgements, journal articles, statutes,

government reports, book chapters etc. (DO NOT USE WIKIPEDIA)

Citation and referencing: The standard of citation for legal writing is NOT APA. Please use OSCOLA, Blue

Book or Harvard style referencing. I have put OSCOLA resources under the course information tab.

Legal Research Topics

1.) In order for any invention to be patentable (i.e. merit a property right through patent certificate)

it must meet the requirements of novelty and inventive step, as laid out in the TRIPS agreement

and in national patent laws, applicable to the domicile of the inventor. Analyse and discuss the

challenges to meeting these criteria for inventors working with genetic material.

2.) A patent is a temporary and territorially limited right, granted by the state to the patentee to

exclusively exploit, license or exclude third parties in relation to a specified invention. The

claimed invention must be sufficiently disclosed to allow ‘a person skilled in the art’ to replicate

it. Analyse the importance of disclosure in the patent specification to the integrity of the patent

law system.

3.) Copyright law covers property rights in creative subject matter such as music, literature, art and

computer software. Copyright owners receive royalties when third parties use their works for

commercial purposes. Analyse and discuss the legal provisions and institutions which allow

copyright owners to be remunerated for use of their works.

4.) Under the TRIPS Agreement (1994) the standard term of protection for copyright is the duration

of the life of the author, plus an additional 70 years. Historically the term of protection for

copyright has varied in different countries. Analyse and discuss the legal impact of the extension

of copyright terms in relation to the public domain.

5.) As property rights under the law, it is possible for trademarks to be subject acts tantamount to

expropriation. However, as intellectual property rights trademarks are subject to specific

limitations on the right to use. Analyse and discuss “the right of exclusive use” of trademarks in

relation to expropriatory governmental acts.