Legal Issues



Legal Issues

Answer - 2

(a)

Rex has used the design of purification created by Peter to remove the impurities of beer that actually tasted good. The design of purification was patented by Peter, which he was using as water purification. However, it was still a design of Peter, which was used under the patent of Australian Standard Patent No 2000234638 in respect of invention; therefore it will infringe the patent of the Peter without the consideration of its usage for any purpose. Rex must buy the license from Peter to use this design to remove impurities of Beer.

(b)

The most common remedies for the infringement of patent if Rex's patents invention were to patent infringement of Peter's design available are damages, final junction, delivery up, and account of profits. Usually, if an act of infringement found to be successful then legislation allows to seek either account of profits or damages.

(c)

The words used in claim 6 “according to any of the claims 1 to 5” was used for the reason to cover up already mentioned claims comprising claim 1 to claim 5 in few stated words. In short it was used for the purpose of condense the sentence as much have already discussed in claim 1 to 5.

(d)

Yes, Rex may use trade mark for its brand “Beer Cascade”, however it is not necessary to use a trade mark but it is recommended that Rex must use trade mark for Beer Cascade as it provides protection to your brand. Trade mark will provide protection from others to use your trade mark without permission (WIPO, 2013). If someone else will use your trade mark, he will fall under the infringement of trade mark.

(e)

The reason to not granting patent rights to more discoveries because patents are being treated as property rights, which can be ...