Btw3281 Marketing Law|Inventive Ideas Assessment Answer

1. Identify whether there is any breach of the laws as regards to inventive ideas/patent. Include in your answer case law which are analogous to this scenario and the likelihood if the matter is taken to the Australian court. Thus, you are required to apply the Australian law governing inventive ideas/patent to the case study you have identified. You then need to conclude whether it would be a breach under the Australian laws.

You are required to comply with the proper methodology of answering the assignment question. Your answer should have the following parts:

1. Identification of Issues;

1. (i)  Identify the legal issues in the question;

2. (ii)  Must be directly relevant to the question;

3. (iii)It gives an indication to the examiner/marker that the issues are on the right track; examiners/markers make judgment of the answer by reading the identification of issues;
(iv) Should not be too long winded; and. (v) Best to be in point form.

2. Explanation of the Law;
(i) Explain, elaborate and discuss the law;
(ii) The law means there must be sections/statutory provisions and case law; avoid copying word by word from the Act; summarise but ensure the meaning is correct; for case law name must be in full, there must be facts, again do not copy word by word from the book, there must decision by the court and most importantly is the rule/principle of law created by the court in the case;

(iii)Point out the concern/problem you see in that particular area; and
(iv)Explore the effect, consequence and impact of the concern/problem. You can get a rough idea from the authors of books, book chapters, journal articles, conference proceedings or media news.

3. Application of the Law;

(i) Apply the law to the issues;
(ii) Use the sections/cases or both to solve the problem; and
(iii)Summarise the whole answer to enable the examiner/marker to understand the whole picture.