LML4801 PORTFOLIO MEMO - SEMESTER 2 - 2024 - OCTOBER/NOVEMBER - UNISA - DUE DATE :- 22 OCTOBER 2024 (FULLY REFERENCED! DISTINCTION GUARANTEED!)
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Course
Patent and copyright law
Institution
University Of South Africa (Unisa)
LML4801 PORTFOLIO MEMO - SEMESTER 2 - 2024 - OCTOBER/NOVEMBER - UNISA - DUE DATE :- 22 OCTOBER 2024 (FULLY REFERENCED! DISTINCTION GUARANTEED!)
SCENARIO
ABC (Pty) Ltd is a company that develops and manufactures telesurgery robotic
systems. In telesurgery, or remote surgery, surgeons use wire...
LML4801
PORTFOLIO
MEMO
OCTOBER/
NOVEMBER 2024
SEMESTER 2 – 2024
- UNISA
22 OCTOBER 2024
, SCENARIO
ABC (Pty) Ltd is a company that develops and manufactures telesurgery robotic
systems. In telesurgery, or remote surgery, surgeons use wireless networks and
robotic systems to operate on patients from a distance. If, for example, you are
far from a hospital – in a remote area, in an aircraft, or even in space – but have
access to such a robotic system, you can be operated on by the robot that is
remote-controlled by a human surgeon. Telesurgery is dependent on smooth,
real-time data transmissions. Even the smallest time-lag – delays in the live
video streaming relayed from the patient to the doctor, or the doctor’s
commands relayed to the robotic system – can have devastating results.
Fortunately, with technology like 5G the future of robotic telesurgery looks
bright. ABC (Pty) Ltd commissioned Jo, a freelance computer programmer, to
write a computer program to monitor and mitigate latency time in the interactive
data communication between the surgeon and the robotic system. ABC had
worked with Jo before: they simply explained what they needed and then left Jo
to get the job done. ABC started marketing the computer program and the
systems incorporating it in 2023.
ABC’s employees had spent much time, skill, and effort to develop Standard
Operating Procedures (SOP) for using their systems. Much of what should be
contained in such SOP brochures is prescribed by the state. The brochures are
text-only (with no artistic works) and you can accept that copyright subsists in
them. It came to ABC’s attention that XYZ (Pty) Ltd, ABC’s competitor, is selling
one of their (XYZ’s) robotic system with a substantially improved version of an
ABC SOP brochure. ABC writes to XYZ to demand that they stop infringing
ABC’s copyright. Further, ABC (Pty) Ltd applied for a patent relating to some of
its technology in the field of remote surgery robotic systems, particularly over
a patient-side device for a surgical system.
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