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Identify and synthesis erelevantint ellectual property rules, and critically evaluate their application to a fact pattern, along with the ability to evaluate appropriate remedies available for breach or infringement of any of the above-mentioned rules.

The structure you will follow is ILAC.
Issue, Law, Apply and conclusion.

This is a patchwork assessment,

Patch 1 is a problem question for which you will need to write an advice letter to your question on the copyright issue and on the copyright issue in the scenario (Question 1(a)) and on the patent issue (Question 1(b)). The word limit for the whole of Patch 1 (answers to Questions 1(a) and Question 1(b) together) is 2000 words.

Patch 2 is a trade mark search exercise of up to (word limit:1000 words) which will involve you searching the UK Trade Marks Database at ipo.gov.uk and applying UK Trade Mark Law to the results.

Refer to Appendix 1 and 2 for the assessment brief for each of the patches.

You must include a word count

You must also keep also copy of your work.

The penalties for exceeding the word limit are as follows:

• – There will be no penalty for exceeding the word limit by no more than 10%.

• – Students who exceed the word limit by more than 10% will have their mark reduced by 10% of the mark.

It is essential to submit your work in word-processed form. You should check your work very carefully for spelling, punctuation and grammar.
Argument should be appropriately referenced and your work should include a full bibliography of texts, journals etc. referred to in your work. Your bibliography should state author, publisher and year of publication. Both your references and your bibliography must comply with the OSCOLA referencing system his list gives merely an indication of the works which you should consult in preparation for writing your essay. It is not exhaustive, and you should explore other sources and materials, e.g. by following up references to journals etc. given in these works and held in the journal collection in the library, either in paper form or on-line, and by using the case lists in your Contract Course Guide. Students should also consult on-line databases such as Westlaw to facilitate wider reading.
Students should consult the standard module recommended texts in the first instance:

• Bainbridge, D. Intellectual Property, (2018, 10th Edition, Longman Pearson)
Your search for materials relevant for the assessment will also require you to make use of the journals database of either Westlaw or Lexis-Nexis, as you will be expected to consult journal articles as part of your research.
In addition, you will need to access the Trade Marks Database at www.ipo.gov.uk.
You should not restrict your reading to merely the set text. Make use of the relevant textbooks on the subject in the library to supplement your reading too.

Intended Learning Outcomes

On completion of this assessment you should be able to demonstrate the following module learning outcomes:

1. Demonstrate knowledge and the ability to critically assess the relationship between the common law and statutory rules protecting a person’s business name and trade mark, the law relating to copyright and its infringement, and the use of patent law to protect inventions, including the ability to critically evaluate the contentious issues such as those caused by new technology.

2. Identify and synthesis erelevantint ellectual property rules, and critically evaluate their application to a fact pattern, along with the ability to evaluate appropriate remedies available for breach or infringement of any of the above-mentioned rules.

3. Critically assess the developing nature of this area of law, including critical evaluation of trends and developments in it.

4. Demonstrate the ability to undertake independent research in the area, involving the use of information independently located in patents and trademark law databases selected by the student, case law and statute law, evaluation of paper-based and electronic sources, and produce word-processed coursework using these skills.

The way in which these outcomes will be addressed is through the assessment criteria listed in the assessment question.
Marking guidelines/mark bands You will be expected to show:

• The appropriate essay form for your answer

• A clear understanding of what the question is asking you
to do and close attention to the requirements of the question

• Appropriate research in preparation for your answer

• Proper referencing and a full bibliography (the latter
should be on a separate but attached sheet)

• The proficient use of legal and other information and
materials

• A structured discussion of the relevant issues

• Skills of analysis, synthesis and evaluation of relevant
legal rules, doctrine, policy, principles and concepts

• An effective and precise use of written English.
In particular,

A first-class answer is likely to:

• Be coherent, well-expressed and well-structured

• Be free of substantial error

• Demonstrate a high level of critical analysis, synthesis
and evaluation and show comparative and analytical
discussion

• Display a considerable degree of creative thought

• Demonstrate wide research

• Display an excellent standard of presentation

Appendix 1 Patch 1

Morgan is a pigment scientist who works for W B Gall & Co (WBG), a company that manufactures artists’ pigments.

He is also a talented amateur artist and hosts his own art-related MeTube channel. As part of his job, his employers encourage him to experiment and to come up with new pigments.

In pursuing his ‘out of hours’ activity of creating art, he was frustrated that he could not find a black pigment that was the kind of perfect deep black he was looking for. He found that most ‘black’ pigments he used faded to very dark grey and he spent a lot of his working hours trying to come up with a ‘perfect’ black pigment.

One evening, having stayed at work late to continue with his experiments with black pigments, he realised he had ‘cracked’ it, after experiment with a combination of existing pigments and chemical compounds.

The pigment he created dried to a perfect intense black that absorbed all light rather than reflecting any.
Morgan informed the CEO of WBG, Enzo and demonstrated it to him. Enzo was very excited about the possibility of putting the new pigment into production and marketing it to customers.

With the permission of his employers, Morgan decided to stage a performance involving him creating an artwork in front of an invited audience, prominently featuring his use of his new black pigment. On arriving for the performance, invited guests were required to hand in their mobile phones as Morgan would be videoing the performance himself, would be making the video available via his MeTube channel and didn’t want unauthorised recordings of his performance to be shared or to appear on-line.

Unknown to Morgan, one guest, Stephanie, had smuggled a second phone into the performance and used it to video his performance. Her video was quite poor quality given that she had to conceal the fact she was videoing, to avoid detection.
She adds special effects to the video intended to make both Morgan and his performance look ridiculous and posts it to her own MeTube channel having added her own commentary, poking further fun at Morgan and his performance.

Soon afterwards, WBG tells Morgan that it intends to file an application to register a patent in respect of the combination of pigments and chemical compounds used to create the new black pigment.

A few days later, Enzo (CEO of RBG) and Morgan both receive identical letters from solicitors representing Anisha Mansoor, a well know professional artist, explaining that they have heard that WBG have developed and intend to patent a perfect black pigment and that their client, Anisha, has an exclusive licence from Digbeth Nanotechnologies (DN) to use in her art a perfect black pigment that they (DN) have created, called Xantablack. Anisha’s lawyers go on to say that if WBG go ahead with their application to patent their own/Morgan’s new black pigment, their client will formally object to the patent being granted on the grounds that a perfect black pigment that absorbs all light and doesn’t reflect any, Xantablack, already exists and has been patented.

Also, a dispute has arisen between WBG and Morgan ownership of the patent. Morgan feels that he invented the pigment, so he should own it, whereas WBG are arguing that they will own the patent, if it’s granted.

Q.1(a) Advise Morgan regarding the copyright issues:-

1. (i) Is/are his performance in which he created a work of art using his new black pigment, the MeTube video of that performance and/or the piece of art created in that video a copyright work/copyright works?

2. (ii) If Morgan’s performance of him creating the artwork or the artwork itself is/are a copyright work(s) , does the video recording made by Stephanie and/or her edited video as it appears on MeTube amount to an infringement of that copyright, and if it does, what would be the appropriate remedy?

3. (iii) If Morgan’s performance and/or his (as opposed to Stephanie’s) MeTube video of that performance and/or the piece of art created by Morgan during his performance are copyright works, who owns the copyright in each?

Q.1(b) Advise WBG regarding the patent issues:

1. (i) Is the process for creating the new pigment patentable, and what impact, if any, on its patentability does either of the following have?

• the publication on MeTube of Stephanie’s video, and

• the claim made by Anisha Mansoor.

2. (ii) If the new black pigment is patentable, who owns the patent, Morgan or RBG?
Your legal advice (answers to Questions 1(a) and (b) together) must be no longer than 2000 words.

Appendix 2
Patch 2 Patch 2: Trade Marks Searching and Registering
This will take the form of a report based upon a search of the trade marks database. You will be assessed on the following criteria:

• Demonstrate the practical skill of formulating a strategy for searching the trade marks database, then executing it

• Identification of the rules governing registration of trade marks, including relative and absolute grounds for refusal of a mark

• Application of these rules to a factual scenario, in order to resolve a practical problem

• The ability to draft an appropriate report advising the client in the scenario regarding the potential registration of their trade mark
Remember that in order to complete this exercise, you will have to bear in mind the rules regarding trade marks

The Scenario

You are a trainee in a law firm specialising in intellectual property law. Your senior asks you to report on a request from two clients regarding a trade mark that they wish to register for their business. You will need to examine their proposed trade mark, and provide a recommendation to them regarding whether you think his trade mark would be registrable or not. In order to do this, you will need to address several points (listed below) in a report no longer than 1000 words in length.

The Mark
Your clients wish to register this trade mark for a subscription service they are offering enabling subscribers to create an ‘a la carte’ television schedule for themselves by choosing their favourite shows and programmes originally created and broadcast by a variety of television companies. (Do not worry about any possible breach of copyright by your clients. You can assume they have licence arrangements in place with the original broadcasters of these shows/programmes).

You will be required to:

a. examine the rules regarding absolute grounds for refusal, and decide whether any of them are applicable here

b. decide which class or classes in the trade marks register would be most applicable to your client’s trade mark

c. conduct a thorough search of the database to look for the possibilities of conflicting
trade marks account the i.
ii.
iii.
iv.
already registered. In order to do this, ensure that you have taken into following:

any trade marks in the same class as the one you wish to register this trade mark in (see http://www.ipo.gov.uk/types/tm/t-applying/t- class.htm for the list of classes)

any trade marks in similar classes to the one you wish to register this trade mark in (see http://www.ipo.gov.uk/t-class-cross-list.htm for a list of classes the IPO consider to be ‘similar’)

any trade marks which use a similar device (picture, design, etc) to yours but in other classes

the names of any competing companies in the same class as the one you are wishing to register in

d. if there is a

grounds for refusal is causing the problem, e.g.

conflict, explain what the problem is, and which part of the relative

i. Identical mark, identical goods

ii. Identical mark, similar goods, likelihood of confusion

iii. Similar mark, identical/similar goods, likelihood of confusion

iv. Identical/similar mark, with a reputation

All of the above should be considered along with an explanation of relevant law

Writing your report

You will need to discuss your findings from the above points in your report. Write a report, no longer than 1000 words, which discusses whether this trade mark is registrable or not. Remember that your focus should be upon whether there are any problems with possible registration of this as a trade mark, and therefore your focus is UK TRADE MARK LAW.
As part of this, you will need to:

1. Identify any possible problems with the absolute grounds for refusal in the Trade Marks Act, making reference to relevant case law.

2. Discuss these archyou conductedofthetrademarksdatabase,bearinginmindthe advice in section c) above.

3. Identify any possible conflicts with other trade marks, and why you believe there is a conflict, in line with the categories in d) above. You must support your discussion with reference to relevant case law.

4. Provide clear advice to your client regarding the registrability of their trade mark.

The structure you will follow is ILAC.
Issue, Law, Apply and conclusion.

How would you feed this many people? What technology would you use and what historical basis can you based your prediction of the future.

Problem: World population is at about 7.5 billion in the world today.

The population will probably double within your lifetime exceeding the current carrying capacity of the planet.

Use of Genetically Modified Organisms have increased crop yields and have increased the food carrying capacity of planet Earth.

How would you feed this many people? What technology would you use and what historical basis can you based your prediction of the future.

Provide a description of that event and provide a context-specific example of how that event could be applied within your field or specific profession to aid learning.

General Directions
The target audience for your final project is members new teachers. Imagine that your boss has tasked you with making recommendations to help new teachers apply our course concepts. The goal of these recommendations will be to help those members of your field or specific profession apply the principles we learned about this semester within the context of your field profession.

Prompts: (At least one page per prompt.)

Prompt #1: Pick two of the following concepts of behaviorism. For each concept, (a) provide a description of that concept and (b) provide a context-specific example of how that concept could be applied within your field or specific profession:
• Pick at least one of the following: Classical conditioning; Reinforcement (positive and negative); Punishment (presentation and removal)
• Pick at least one of the following: Fixed reinforcement schedules (ratio and interval); Variable reinforcement schedules (ratio and interval); Counterconditioning; Cueing

Prompt #2: Pick two of the following concepts of human cognition. For each concept, (a) provide a description of that concept and (b) provide a context-specific example of how that concept could be applied within your field or specific profession:
• Pick at least one of the following: Motivated working memory allocation; Encoding strategies; Retrieval-based learning; Myelination; “The magical mystery four”
• Pick at least one of the following: Chunking; Verbalization; Enactment; Distributed practice; Imagery; Hot cognition

Prompt #3: Pick two of the following concepts of the motivation to learn. For each concept, (a) provide a description of that concept and (b) provide a context-specific example of how that concept a could be applied within your field or specific profession:
• Pick at least one of the following: Personal vs. situational interest; The four types of achievement goals; the “Doing-Just-Enough-Goal”
• Pick at least one of the following: Attribution theory (all three dimensions and their components); Expectancy-value theory (including importance, utility, interest, and cost)

Prompt #4: Pick four of Gagne’s nine learning events. For each event,

(a) provide a description of that event and (b) provide a context-specific example of how that event could be applied within your field or specific profession to aid learning.

Prompt #5: Pick two of the following concepts related to Social Cognitive Theory and self-regulation of learning. For each concept, (a) provide a description of that concept and (b) provide a context-specific example of how that concept could be applied within your field or specific profession:
• Self-efficacy; Vicarious learning (reinforcement and punishment); Modeling; Reciprocal causation; The five profiles of motivated-self-regulated engagement

How Should You Do It?
Regardless of the approach you take, you should write/build your project as if your intended audience is people who are new to your profession. Speak or write as if the person/people reading or viewing your materials has/have never learned any of these concepts before.

External Sources (minimum of three required; cited in APA format)

You will need to do a little independent research for this project. Specifically, you are required to include and cite information from at least three external sources (i.e., sources that haven’t been included as readings in this course). You have the freedom to decide which external information you would like to include within your project.

Write a a three- to five-page report on the security, recovery and other DBMS administration enhancements you would make to the DBMS.

Overview

You will write a a three- to five-page report on the security, recovery and other DBMS administration enhancements you would make to the DBMS. Include your references in APA format.

Instructions

Expanding on your Project 2 report with your new DBMS knowledge, write a 3-5 page report on the security, recovery and other DBMS administration enhancements you would make to the DBMS.

Your report will have 1” margins, double-spaced lines, 12-point font, and your references in APA format at the end on a separate page not included in the 3-5 page count.

Name your file, Project 3 – your name. Submit your report in the dropbox by the due date posted in the course schedule.

What does the study mean in the big picture and how does the study apply to your own research question/topic?What ways could your biblical worldview fit into the contents of the article?

STUDENT AFFAIRS ISSUE PROJECT: ARTICLE CRITIQUE ASSIGNMENT INSTRUCTIONS

The purpose of the Student Affairs Issue Project is to assist the PhD candidate with formulating his or her thoughts around a very important issue in today’s higher education culture. You will learn how to investigate issues and determine best practices for possible resolutions to the issue by articulating possible solutions.

From the professional associations’ websites or the higher education news agencies, choose a current student affairs issue being discussed (i.e., free speech, gender, racial equity, student debt). Develop a research question, narrowed to investigate a particular issue pertaining to student affairs. Submit your research question/topic with your rough draft and article critique.

Research question details:

In developing a research question, be sure to do a thorough review of the Jerry Falwell Library resources, various higher education news agencies, and course material. Be sure you have a narrow student affairs issue with plenty of research material. You can determine the type (quantitative or qualitative) of research question and scope.

The purpose of the Student Affairs Issue Project:

Article Critique Assignment is to assist the candidate with researching current literature in the Jerry Falwell Library. Being able to research current literature on a given topic will be very beneficial to any educational leader. Just as important as researching on a topic is the ability to fully understand what others have written on the topic, critiquing their findings, and appreciating how their work may be beneficial to your research.

You are required to submit a critique (1,000–1,250 words, not including title, abstract, and reference pages) of an article related to your research question/topic. The article critique must be written in current APA format (including a title, abstract, reference pages), include 3 Level 1 headings (Background of the Study, Critique of the Study and Conclusion), and incorporate a minimum of 2 scholarly citations.

Access the Jerry Falwell Library (JFL) Online Research Portal and use the Education Research Guide link on the Student Affairs Issue Project: Article Critique Assignment page to find peer-reviewed journal articles. The article that you choose must be scholarly, empirical (research-based), and written within the last 5 years. The article must be at least 5–10 pages and be considered empirical; the article must clearly include specific sections that describe the study (e.g., method of research, quantitative or qualitative, participants, data collection, and findings).

Include the following elements in your critique:

Introduction (no header)

A. Inform the reader about your own research question/topic

B. Provide the article title and author

C. Offer insight into why the article was chosen

Background of the Study

A. Description of how the researchers attempted to answer the question:

a. Methodology

b. Population studied

c. Unique features of the study

B. Description of the research findings.

Critique of the Study

A. Do you have confidence in the researcher findings? (i.e., Were there flaws in the study design, questions, etc.?)

B. Does the study give an explanation to other people that were not the subject of the research (application of results to other locations, people, or groups—transferability)?

C. What does the study mean in the big picture and how does the study apply to your own research question/topic?

D. What ways could your biblical worldview fit into the contents of the article?

Conclusion

Format the critique in current APA format and see the grading rubric for specific grading criteria.

How would you rate the technical quality of the study in the article? For example, was the specific research design appropriate? Was the research design appropriately executed?

Part A: Technical:

Refer to the relevant sections of Chapters 15-16 for this exercise (see attached powerpoints).

Based on your understanding, how would you rate the technical quality of the study in the article? For example, was the specific research design appropriate? Was the research design appropriately executed? Do you have reason to question the credibility of the findings? If so, why?

Part B: Application:

Imagine that you are considering a new program for science teaching at your school.

You may take the perspective of a proponent of the program and use the article as evidence for the program, explaining why it supports your view OR take the perspective of an opponent of the program and use the article as evidence for why it won’t work. It’s ok to use your imagination as to what the program is or is not. Support your argument from the article.

Discuss why it is essential for a level 4 studentto develop critical thinkingskills, team working skills, and oral presentationskills? You must discusseach skill mentioned separately.2

Report Content and Structure:Your(single)reportshouldbeafour-partdocumentinwhichyouareexpectedtoinclude the following:

1.Reflections on your experience (20 Marks – maximumof 600words):

Outline and discuss the reasons why you were unableto attain the PPR modulepass mark the first time round.

Which aspects of themodule did you findchallenging? On reflection, what could you have done differently to make sure thatyou achieved the module learning outcomes?

a.Your reflective discussion should fully demonstratehow the PPR learningexperience has been applied to your own understandingand learning.

b.You need to document what lessons have been learntas a result of yourengagement and personal reflection.

c.You are expected to specifically address all aspectsof the module learningoutcomes, including the coursework assessments.

d.How do you intend to use the summative feedback givento you in the nextsemester?e.To help you develop and write your reflection, usethe Gibb’s reflectivemodel (1988 – http://bit.ly/3pbSXEG):

●Description: what happened?

●Feelings: what were you thinking and feeling?

●Evaluation: what was good and bad about the experience?What went welland what difficulties did you encounter?

●Analysis: what sense did you make of the challengingsituations you faced?

●Conclusion: what else could you have done?

●Action plan: how would you apply this learning infuture study oremployment?

2.Critical evaluation a debatable statement (15 Marks-maximum of 450 words):Choose oneof the following statements and criticallyevaluate it.

Use relevantsources to build and justify your arguments. You mustcite your references.

1.Critically discuss the benefits ofmastering the artof literature review which includes: critiquing, debating, paraphrasing, reflecting,citation, andreferencing at higher education level.

2.Discuss why it is essential for a level 4 studentto develop critical thinking skills, team working skills, and oral presentation skills? You must discusseach skill mentioned separately.2

3.Do you agree that“a large number of students failtheir modules (or courses)because they lack study and learning skills? More often than not, they don’teven realise it.” – argue for or against this statement.

3.Produce a written research essay paper (50 Marks -maximum of 1000 words):

You are to research and evaluate thebenefitsanddrawbacksof learning and collaborating with peers online at higher education.Your essay paper must not exceed 1000 words. You mustsupply at leastfivecredible sourceswhere you got your information from.Students who onlyreference web blogs will score a low mark. Therefore,it is in your interest to findgood journal articles and critically review and discussthem in your report.

Yourreport must be written in your own words.Start by using the LSBU Library Search engine to lookfor academic/useful articles.Guidance on how to use Library resources can be foundwhen you click on this weblink: -https://vle.lsbu.ac.uk/course/view.php?id=21369).

4.Review of team working and project tools (15 Marks-maximum of 450 words):

This section focuses mainlyon the coursework 1 teamwork. You are expected tocritically review the success of working withprojecttools and techniques.1.Compare and contrast project planning tools with productdevelopment tools

.2.Discuss the value of creating and maintaining a personale-study logbookthroughout your undergraduate programme.

3.Describe how the LSBU library services could supportstudents workingtogether on a group project._ _ _ _ _

Remember:Your submission ischecked via Turnitinso do not copy and pastematerial from the internet. Search for good journalarticles, critique them, cite themin the text, and properly reference them in your referencesection. Failure to do thismay result in your work being subject to Academic Misconduct Investigation (AMI).

Note:5 marks will be deducted from your overall markif youDO NOT name yourfile submission correctly like this: -studentID_retake.pdfReferencing:Harvard Referencing should be used, see yourLibrarySubject Guidefor guides and tips onreferencing:https://libguides.lsbu.ac.uk/ld.php?content_id=324870693

What community stakeholders do you work with. and how do you identify these people and groups? What do they contribute to your efforts?

The Art of the Interview

Tell me a little bit about the history of your organization.

2. What is the mission of your organization and how is this at the forefront of everything your group does7

3. What was the need in the community that existed when the group was founded and how has this changed or stayed the same over the years7

4. How is this problem unique to our region? Do you think it is worse here? Or symptomatic of our culture in some way? Part of a bigger picture7

5. When did you come to work for the organization and why7 What is your background?

6. What is a typical day for you at work for your organization7

7. How has your organization changed or improved individuals or the community7 share a specific example with me. 1-..

8. What are some of the challenges your organization faced at the onset and how have these challenges changed or remained the same over the years?

9. Funding is always an issue for most organizations, but what else is there that is a constant effort for your organization?

10. What are the immediate needs of your organization for it to survive and continue the mission7 What are some of the bigger-picture needs7

Composing Arguments in Genres PART 2

11. Do you think your organization struggles with awareness in the community. and if so. why and with what specific groups?

12. Who have been some of the big supporters of your organization and why do you think these people are so dedicated to your cause?

13. Many organizations go through three-year plans or five-year plans. What is on your horizon in the future?

14. What community stakeholders do you work with. and how do you identify these people and groups? What do they contribute to your efforts?

15. Are there any stakeholders you would like to become involved in your efforts and why these people/groups?

16. Talk about the annual events that your organization hosts and the purposes of these events. How successful have they been and are you looking to develop new ones7

17. Has your organization been involved in any political lobbying or advocacy efforts and can you talk about that?

18. Tell me about your volunteers and how important they are to your organization. Who are these volunteers and why do you think they are so committed?

19. What would you like your organization to achieve in the next six months? The next year7 The next five years?

20. What would the future look like where your organization no longer has to

Describe ways you might have worked with Claudia to address her fears and anxiety related to the mugging she witnessed.

Play Therapy/Transference and Countertransference

***Post an explanation of ways play therapy might be beneficial for Claudia.

Using the insights gained from the articles, describe ways you might have worked with Claudia to address her fears and anxiety related to the mugging she witnessed.

Required Readings

Plummer, S.-B., Makris, S., & Brocksen, S. M. (Eds.). (2014b). Social work case studies: Concentration year. Baltimore, MD: Laureate International Universities Publishing. [Vital Source e-reader].

Working with Children and Adolescents: The Case of Claudia (pp. 15–17)

Chiesa, C. (2012). Scripts in the sand: Sandplay in transactional analysis psychotherapy with children. Transactional Analysis Journal, 42(4), 285–293.

***Post your explanation why transference and countertransference are so common when working with children. Then, identify some strategies you might use to address both transference and countertransference in your work with children