Intellectual property (Trade Marks Act 2005, Designs Act 2003, Patents Essay

Intellectual property (Trade Marks Act 2005, Designs Act 2003, Patents Act 1990) - Essay Example It is a business for them. But to actually think there are professionals out there who paid their way through university is a worry†¦. To be honest I do feel a bit guilty using samedayessay.com. I had no idea that such a company existed until about 2 months ago when I was in over my head, totally desperate for some type of help and stumbled across this site via a Google search! I was shocked, a bit skeptical, but relived at the same time. I haven’t studied since 2004. I work full time + overtime and I stupidly enrolled myself into 2 online subjects, thinking it would be a breeze†¦. Well boy was I wrong. It has been so much work, doing all the readings, all the activities, online participation, not having any face to face lessons. Six weeks into the course felt I was drowning. So stressed, so busy! That is when I decided to get a few of my assignment done via the company. I am glad I got the help, but in a way I feel I cheated, I cheated myself, that is why I am readi ng and trying to learn and understand. Next year I will only be enrolling into 1 subject, that way I can focus 100% on it and not feel as stressed, and hopefully not need an essay writing company. But in saying that, in case I ever do need help, I would like to keep in touch. Not sure how long you plan to stay with samedayessay.com, and I am not sure if you are allowed to pass on your details to clients, but I will give you my details: (face book – katerina cvetkovski katerinacvet@hotmail.com) other email kcvetkovski@optusnet.com.au. The paper sounds very good. Thank you so much. Please read my comments/ questions Question 1 Issue The main point of contention is whether Fred's registration of the trademark GOOD FRIENDS FENCE is potentially an infringement of the Trade Marks Act 1995 with regards to the claims being made by GOOD NEIGHBOURS FENCE which is asserting that they have the rights to the trade mark. In other words, is it likely that Fred has committed a breach under t he Trade Mark's Act (1995) or not. Rules The Trade Marks Act 1995 states that a trade mark needs to be distinctive and reflect the trade commercial or trade origins of a person (EJ Gallo V Lion Nathan, 2010). In Section 20, it is noted that the owner of a trademark has the right to use the trademark, authorise the use of the trademark and obtain relief when the trademark is infringed. A trademark is infringed if a person uses a sign that is identical with or is deceptively similar with the the trademark (Section 120 (1)). However, for action on trademark infringement to be taken, the trademark must be used as a trademark [Konininkliike Philips V Remington (2000)]. Section 120(2) of the Act states that a trademark is infringed if the goods or service for which the trademark is used are similar or closely related. An action on infringement can also be taken if the trademark is known is Australia and unregistered (Van Caenegem 2010 p139: Davison et al, 2008 p133). Also infringement occ urs when the trademark is substantially identical or deceptively similar to goods or services that are unidentical. Section 120 also states that action can be taken on infringement when there is a realization that the owner's interest could be adversely affected. In the case of Belei Hestia V Bali Inc (1973), it was established that

Assigment Assignment Example | Topics and Well Written Essays - 500 words - 5

Assigment - Assignment Example There are a number of criteria used to determine who will come first in the waiting list, which might help us solve the issue the doctor is faced with. The patients ability to pay for the organ is what is considered first. A heart is treated like a scarce commodity because it is hard to find and it is are also more valuable than anything else because of its ability to save someones life (Perry, 2013). A scarce commodity, which is vital for someone to continue living, is certainly not a luxury, thus the reason why the highest bidder is considered first. The second factor is the preference of the donor or kin. In short, this is who the heart donor decides will be the recipient of the heart (Perry, 2013). For example, a white racist might say that their heart should not be given to an African or a Muslim might say that their heart only goes to a fellow Muslim. The third factor is that the transplant might favor the donors religion or citizenship. This is done in support of the taxpayers money channeled to the endeavor (Perry, 2013). However, in the cases provided, the second and third factors might not apply because we are not told the religion or citizenship of the donor and we are also not told whether the donor had racist views. The fourth factor to be taken into consideration is the need of the patient (Perry, 2013). The need of the patient, the extent to which the transplant will help the patient, is also another vital factor. However, in most cases, it is the senior doctors who decide whether the patients need is that significant (Perry, 2013). Thus, in this case, the doctor might not be very influential in deciding which patient mostly needs to transplant. Apart from their needs, there are also the benefits to the recipients. They consider factors such as age, overall health, ability to obey the regimen or anti-rejection drugs and also the patients support system (Perry, 2013). These can apply in our case because some of the clients