Grigaro Case Study Modern Family
Case Study
In the TV series ‘Modern Family’ (season 2 episode 22) Gloria convinces Jay to listen to the business proposal of Grigaro. Unfortunately Jay is not convinced the proposal would succeed. However, what if it would succeed?
Assume Grigaro is our client seeking legal advice as to how to protect his intellectual property.
Watch the relevant part of the episode and choose 2 areas of intellectual property to research.
After you have completed your research prepare a legal memorandum to your supervising solicitor setting out how to protect Grigaro’s Intellectual Property rights in the two areas you have researched and also discussing whether he would be successful in his applications.
Memorandum
To: Karen Ward
From: Kim Thai
Subject: Grigaro …show more content…
These criteria are as follows:
1. Must feature the shape configuration pattern stated in section 7;
2. The design features must be visible to the eye and;
3. The design must be new and distinctive.
The terms “new” and “distinctive” are defined the in Act Section 15 and Section 16 as “new” being not identical to another design and “distinctive” being not substantially similar in overall impression to another design.
The Act states that any person that created the “design” (creator) can file for an application. Furthermore, more than one person can be the registered owner of the design . Section 13 of the Act outlines the following principles which determine whether the creator can be registered as the registered owner:
1. In the course of employment, the employer will own the design (s13)(1)(b)
2. Person who has commissioned the design (s13)(1)(b)
3. Where the design has been assigned, the person which it has been assigned to will become the owner (s13)(2)
Section 46 of the Act defines the Duration of registration of a design as:
(a) 5 years from the filing date of the design application in which the design was first disclosed; …show more content…
Conduct a search
2. Lodge application
3. Request application or publication
4. Formations check
5. Published in Journal of Design
6. Examination of design by IP Australia
7. Notice – approval of the design has been successful.
If an infringement has taken place, the following remedies are available:
1. Injunctions and or;
2. Damages or
3. Account of profit.
Patents Act 1990
The Patent Act defines a Patent is a right granted for any device, substance, methods of process which is new and useful. It allows the owner to have exclusive rights to commercially exploit the invention for the life of the patent. Similar to Design, when the creator is seeking for protection on their Patent, they must go through the application of registration process. In Australia, this provides legal rights to stop other parties from using, manufacturing or to sell an Invention in Australia.
There are two types of Patents in Australia:
1. Standard Patents:
This provides a long term protection and control over an invention up to twenty years from the day the application is file is complete and this usually processed in a duration of fourteen months.
Relevant
In the TV series ‘Modern Family’ (season 2 episode 22) Gloria convinces Jay to listen to the business proposal of Grigaro. Unfortunately Jay is not convinced the proposal would succeed. However, what if it would succeed?
Assume Grigaro is our client seeking legal advice as to how to protect his intellectual property.
Watch the relevant part of the episode and choose 2 areas of intellectual property to research.
After you have completed your research prepare a legal memorandum to your supervising solicitor setting out how to protect Grigaro’s Intellectual Property rights in the two areas you have researched and also discussing whether he would be successful in his applications.
Memorandum
To: Karen Ward
From: Kim Thai
Subject: Grigaro …show more content…
These criteria are as follows:
1. Must feature the shape configuration pattern stated in section 7;
2. The design features must be visible to the eye and;
3. The design must be new and distinctive.
The terms “new” and “distinctive” are defined the in Act Section 15 and Section 16 as “new” being not identical to another design and “distinctive” being not substantially similar in overall impression to another design.
The Act states that any person that created the “design” (creator) can file for an application. Furthermore, more than one person can be the registered owner of the design . Section 13 of the Act outlines the following principles which determine whether the creator can be registered as the registered owner:
1. In the course of employment, the employer will own the design (s13)(1)(b)
2. Person who has commissioned the design (s13)(1)(b)
3. Where the design has been assigned, the person which it has been assigned to will become the owner (s13)(2)
Section 46 of the Act defines the Duration of registration of a design as:
(a) 5 years from the filing date of the design application in which the design was first disclosed; …show more content…
Conduct a search
2. Lodge application
3. Request application or publication
4. Formations check
5. Published in Journal of Design
6. Examination of design by IP Australia
7. Notice – approval of the design has been successful.
If an infringement has taken place, the following remedies are available:
1. Injunctions and or;
2. Damages or
3. Account of profit.
Patents Act 1990
The Patent Act defines a Patent is a right granted for any device, substance, methods of process which is new and useful. It allows the owner to have exclusive rights to commercially exploit the invention for the life of the patent. Similar to Design, when the creator is seeking for protection on their Patent, they must go through the application of registration process. In Australia, this provides legal rights to stop other parties from using, manufacturing or to sell an Invention in Australia.
There are two types of Patents in Australia:
1. Standard Patents:
This provides a long term protection and control over an invention up to twenty years from the day the application is file is complete and this usually processed in a duration of fourteen months.
Relevant