Truce (she/her) is a UK-based music practitioner who has been creating music and poetry since 2001. She has collaborated with multiple musicians

1.   Assignment Brief 25/26: 5LW009 INTELLECTUAL PROPERTY LAW 

1.1.Asessment Questions 

ANSWER TWO QUESTIONS: You must answer ONE Question from PART A AND ONE Question from PART B. 

All questions carry equal marks. 

PART A:

Question 1:

Truce (she/her) is a UK-based music practitioner who has been creating music and poetry since 2001. She has collaborated with multiple musicians in the past and is well-known for her musical innovation and non-commercial music. In 2020, Truce worked in the West Midlands, where she recorded sounds of animal and human life, to be later incorporated in her works. Some of the songs were applauded by her audiences for musical innovation, but there were also critics who argued that her works are not musical, because they are mere recordings of “street life.” In one of the pieces, Truce worked together with a local poet Joey (they/them) to write the lyrics to the piece “Wireless Humanity.” Since publishing the song in 2021, multiple charity organisations reached out to Truce and Joey, asking to use their song in campaigning on climate change. Truce and Joey have always responded to these requests, granting permission to all not-for-profit organisations, who use their music in relation to climate change work.

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Truce (she/her) and Joey (they/them) are seeking advice from you with respect to the following, unrelated situations: 

a)Aysha (they/them) is a student at the University of Wolverhampton, studying film studies. In their final project Aysha submitted an original documentary about the life of people in Wolverhampton, which includes recordings from their town, to their tutors, for assessment purposes. The title of the documentary is “W Humanity.” They were inspired by the works of Truce, but some critics have found the works to be very similar. Aysha’s documentary was also published on their website in 2024 and has been viewed 10,000 times since its publication.

b)A Wolverhampton-based business, “the W Café” organised an evening of local poetry, storytelling and comedy. One of the artists there, Sarah, played Truce and Joey’s song “Wireless Humanity.” The performance was recorded by the W Café’s owner, Sam, who posted the recording on the W Café’s website and social media accounts, (i.e. Instagram), for promotional purposes. The Café’s website received many comments from Truce’s fans, asking about her connection to this local business. They were concerned that the W Café does not source their materials locally, increasing their carbon footprint. Truce and Joey were not approached for permission.

c)Vikram (he/him) is a filmmaker and a journalist, who explores social justice issues in the West Midlands. In a 2023 documentary, Vikram used Truce and Joey’s song “Wireless Humanity” in the background, whilst criticising the opaque and inefficient policies of the West Midlands Combined Authority on waste management and the environment. Truce and Joey were not approached for permission.

Question 2

Solar Solutions Ltd is a renewable energy company, based in Coventry. Since 2005 they have successfully developed several solar energy generators, which have now become sector leading and an industry standard. In 2008 they have registered “Solar Solutions” and “Sun Energy” for generators and electrical equipment, selling services and marketing. With increased competition, Solar Solutions are investing heavily in brand recognition, which has been appreciated by specialised media and industry bodies. In 2024, Solar Solutions have also registered a logo of a “sun character, dressed in a jumpsuit, using electrical tools.” The character of the sun is registered in a bright yellow, Pantone no. 1225 C, with the features drawn out in black, Pantone no. 6 C.

Solar Solutions Ltd wants your advice on the following, unrelated situations:

a)Speed Climate Ltd is a company based in Birmingham, operating since the 1990s. In their work they use a variety of materials and since 2020, they have expanded their work into renewable energy. When their clients ask for it, they design bespoke energy efficient solutions. Their energy efficient products are sold under the name “Solar Fixes” and the logo of a sun character, who carries a range of their tools in their bag.

b)Robert runs a family-owned business, which renovates old houses and businesses. One of his unique selling points is that all their refurbishment is done to the highest energy efficient standards and latest trends, compliant with climate change. Robert advertises their services under the name “Solar’s Solutions.”

c)Shade Jackets Inc are a company based in Durham. In 2022 they have started selling “Sun Energy” jackets and other clothing, which they advertise to be suitable for hiking and any extreme sports, where users might need climate control clothing. The products are however not of the best quality and many consumers have sent in their complaints since the products were first put on the market.

PART B:

Question 3

“Protecting intellectual property rights in the online environment is a difficult balancing act.”

Critically discuss the liability of online intermediaries for IP infringement in the United Kingdom, with relevant references to the either copyright or trade mark statutes, case law and the literature.

Question 4

“Business goodwill in the United Kingdom is best protected by registered trade marks, not the common law tort of passing off.”

Do you agree with this statement? Critically discuss the above statement, with relevant references to the trade mark statute, case law and the literature.

Question 5

“Patent law must balance among several stakeholders’ interests, to ‘to the mutual advantage of producers and users of technological knowledge and in a manner conducive to social and economic welfare, and to a balance of rights and obligations.’ (Article 7 of the Agreement on Trade Related Aspects of Intellectual Property Rights 1994 (TRIPS)).” 

Critically discuss the above statement, with relevant references to the United Kingdom patent statute, case law and the literature.

END OF PAPER.

1.2. Assessment Rubric (appended below).