LLM IBCL

International Intellectual

Property Law

Summative Assessment (Coursework)

Deadline for submission: 10am, 14th June 2024

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Please ensure that you have read the LLM IBCL Assessment Rules and that you follow the instructions carefully. Not following the instructions may lead to your submission not being marked and you failing this assessment.

Instructions for this assessment

·The maximum word count for this coursework is 2,500 words. Words exceeding the stipulated word limit for this coursework will not be marked.

·For the purposes of this assessment, you are expected to provide a client report in response to the questions and/or issues raised by the client(s).

·You are also expected to use words that a regular client will understand and not legal jargon. You should refer to relevant authorities such as international conventions or case reports in your reasoning, using OSCOLA referencing.

·The pass mark that you must achieve to successfully pass the assessment is 50%.

You are employed by Fenchurch Legal Services LLP (‘Fenchurch’). Your supervising partner is Ceri Lloyd. She has been contacted by Wilf Lanigan who is the Head of Innovation at Bisken-Fotech Ltd (‘BF’) (see Document 1).

BF is a UK registered company which is an existing client of Fenchurch. It manufactures high-quality ‘point and shoot’ cameras for amateur photographers. Its products are sold in the UK and the US.

During the last 18 months, BF has been developing a slimline camera which appears to be quite unlike competing products (see Document 2). It is also seeking an exclusive patent licence from South Korean company, Hapsendo

Inc. The key Heads of Terms of the licence proposed by Hapsendo are also set out in Document 2.

Prepare a report for Ceri Lloyd to send to Wilf Lanigan which contains the advice requested in Document 1. Your report should also identify other

information that we require from the client in order to advise more fully.

You should ensure that you refer to the information given in these instructions as well as in Documents 1 and 2. Your report should not exceed 2,500 words.

To: Ceri Lloyd, Fenchurch

From: Wilf Lanigan, Bisken-Fotech Subject: ZoomieLight

Date: 5 June 2024

Dear Ceri, 

Here at BF, we have been working on a new slimline camera, the ‘ZoomieLight’. We plan to launch it at the Photo Fair in Manchester at the end of the year.

As the name suggests, the camera is light-weight. It also has a slimline shape, more akin to a tablet than a traditional compact camera. We’re particularly pleased with the sunray symbol which surrounds the camera lens itself.

Ironically, it is the sacred symbol of an indigenous community who believe that capturing an image of someone damages their spirit.

We are hoping to negotiate the exclusive right to incorporate a patented touch- sensitive sensor in place of the capture button. This would enable photographs to be taken with minimal camera movement and noise. The South Korean

patent holder, Hapsendo, has sent over the key Heads of Terms. We have successfully licensed patents from Hapsendo previously, although the technical assistance we received was disappointing.

I attach some additional information about the camera plus the key Heads of Terms proposed by Hapsendo (see Document 2).

I should be grateful if you would advise on the following:

1.Registration of the above features of the camera as a UK design.

2.Any issues with using the sacred sunray symbol around the camera lens, specifically considering the use of a traditional cultural expression.

3.Suitability of Key Heads of Terms.

I look forward to receiving a report containing your preliminary views before we meet in person next month. In the meantime, let me know if there is any further information you need from me.

Yours sincerely 

Wilf Lanigan BTech Head of Innovation Bisken-Fotech Ltd (‘BF’)