Assignment: Business Law
Length: 1000 to 1500 words.
CASE STUDY
Simon has spent the last four years working on an environmentally friendly six-pack holder, known in the industry as hi-cones or yokes, to replace the plastic rings we are used to seeing he has invented bio-degradable / edible rings made from barley and wheat that marine life can eat. He plans to call his invention WheatMe and use it as part of his trademark.
Although it takes time, Simon manages to convince a number of beer manufacturers to start using his WheatMe holder for their six packs and consumer reaction is very positive. Sadly, after a year in the shops one of the companies is being sued by a local couple because their young child who is allergic to gluten chewed on the pack and had a serious allergic reaction.
At the same time Simon hears that there is another hi-cone on the market with a very similar design to his, but while biodegradable (they degrade in 200 days) are not edible.
The answers should analyses the following based on the case study provided:
i. Explain the concept of intellectual property
ii. Explain to Simon how he could protect his intellectual property rights regarding his invention?
iii. Imagine that Simon could not afford to get patent protection, how else could he protect the rights to his invention?
iv. Identify and analyse whether or not you believe the parents can show that Simon or the beer company owed them a duty of care?
v. Provide a developed answer, citing a legal case/s in support of your position.
vi. Identify and analyse what Simon can do if he believes the other company has copied the design of his invention.
vii. Explain an intellectual property dispute regarding a patented invention.
Format your assignment according to the following formatting requirements:
i) The answer should be typed, using Times New Roman font (size 12), double spaced, with one-inch margins on all sides.
ii) The response also includes a cover page containing the title of the assignment, the student's name, the course title, and the date. The cover page is not included in the required page length.
iii) Also include a reference page. The Citations and references must follow APA format. The reference page is not included in the required page length.