Category | Coursework | Subject | Law |
---|---|---|---|
University | University of Westminster (UoW) | Module Title | Intellectual Property |
Words count: | 4,000 words |
Academic year: | MAY 2025 |
In light of the decisions in THJ Systems Ltd v Sheridan[2023] EWCA Civ 1354 and Levola Hengelo, C-310/17, discuss the relative merits of Copyright as “Skill, Labour & Effort” vs Copyright as “Author’s Own Intellectual Creation” within the context of UK Copyright Law. What sorts of works should receive Copyright protection?
Futuretech PLC has recently developed a smart watch, the Future Watch (registered TM) with a distinctive rounded screen, using innovative biometric technology. They have registered a Patent on the biometric technology. Future tech begin selling the Future Watch, but soon learn that a competitor, Meridian Systems Ltd, is marketing a nearly identical looking competing cheaper watch, the Future Swatch, and that it is using Future .
...................tech’s patented biometric technology without permission. However Meridian say that their technology is non-infringing as their watch uses a slightly different process from Futuretech’s, and that both watches use processes derived from an academic paper that was published prior to the grant of Futuretech’s patent. Futuretech believe one of their designers may have taken secret watch design plans with him when he joined Meridian. Futuretech wish to stop the distribution of Meridian’s Future Swatch.
Advise Futuretech PLC.
You are advised to spend approximately equal time and word count on each question.
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