Joint Programme Examinations 2020/21 EBU6016 Intellectual Property Law
Time allowed 3.15 hours
Answer ANY 3 OUT OF 4 questions
Complete the information below about yourself very carefully.
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QM student number BUPT student number Class number
NOT allowed: electronic calculators and electronic dictionaries.
For examiners’ use only
INSTRUCTIONS
1. You must NOT take answer books, used or unused, from the examination room.
2. Write only with a black or blue pen and in English.
3. Do all rough work in the answer book – do not tear out any pages.
4. If you use Supplementary Answer Books, tie them to the end of this book.
5. Write clearly and legibly.
6. Read the instructions on the inside cover.
Bindu Chib,
Copyright © Beijing University of Posts and Telecommunications & © Queen Mary University of London 2021 Filename: 2021_EBU6016_A
Before the start of the examination
Instructions
1) Place your BUPT and QM student cards on the corner of your desk so that your picture is visible.
2) Put all bags, coats and other belongings at the back/front of the room. All small items in your pockets, including wallets, mobile phones and other electronic devices must be placed in your bag in advance. Possession of mobile phones, electronic devices and unauthorised materials is an offence.
3) Please ensure your mobile phone is switched off and that no alarm will sound during the exam. A mobile phone causing a disruption is also an assessment offence.
4) Do not turn over your question paper or begin writing until told to do.
During the examination
1) You must not communicate with or copy from another student.
2) If you require any assistance or wish to leave the examination room for any reason, please raise your hand to attract the attention of the invigilator.
3) If you finish the examination early you may leave, but not in the first 30 minutes or the last 10 minutes.
4) For 2 hour examinations you may not leave temporarily.
5) For examinations longer than 2 hours you may leave temporarily but not in the first 2 hours or the
last 30 minutes.
At the end of the examination
1) You must stop writing immediately – if you continue writing after being told to stop, that is an assessment offence.
2) Remain in your seat until you are told you may leave.
EBU6016 Paper A 2020/21
Question 1
Chinese brush calligraphy is a traditional art form of writing ‘Hanzi’(in Chinese: ‘汉字’,
Chinese characters). With a few tools, ink, ink brush, paper and inkstone, called the ‘four jewels of the study’, calligraphers can present a variety of works by controlling the pressure of the brush, the ink intensity or the speed of wielding the brush. There are standard styles in brush calligraph, such as the square, straight and neat, ‘kaishu’, unruly such as caoshu and inbetween, the ‘xingshu’. This allows for variety and work from different calligraphers can present different characteristics. (Mr Xiang) is a well-known calligrapher.
Dreamer Film Ltd produced a film, titled Chronicles of the Ghostly Tribe (in Chinese: ‘九层 妖塔’ CGT for short). The film used a total of seven Hanzi registered by Mr Xiang, as follows:
‘鬼族史’ (‘history of the ghost race’) was shown on a book cover (as the title of the book) for two seconds;
‘华夏日报’ (Huaxia Daily) was shown on a newspaper (as its name) for one second;
At 57:07 minutes, CGT showed once again a fleeting scene of the ‘华夏日报’ newspaper.
At 0:38 of the 1-minute long pilot trailer showed a flash of the book cover with the characters of ‘鬼族史’ on it;
At 0:42 of the 1-minute and 58 second ultimate trailer showed the book with ‘鬼族史’ on it again.
The screenshots of the seven Hanzi appearing in the CGT Film
EBU6016 Paper A 2020/21
Mr Xiang sued the Dreamer Films for using the Hanzi characters created by him, namely, 鬼, 族, 史, 华, 夏, 日, 报 and requested CNY 500,000 in damages.
Dreamer Films state that they have made fair use of Mr Xiang’s works and that Mr Xiang implicitly allowed anyone to use his work, as when he published his Hanzi, it had this declaration from him ‘Any work of mine could be downloaded for free, in order to meet the needs of friends in the design community and art circles. I’d love to make a modest contribution to society. I would like to prevent businesses from using my work for commercial profit without my consent’.
Please discuss who has a better case, Mr. Xiang or Dreamer Films? (Dreamer Films are based in the US). Explain the relevant IP law or laws as may apply to the facts of this case.
Question 2 (ANSWER BOTH parts. EACH carries 50 Marks)
[100 Marks]
2.1) Z. Wang is an activist for healthy food and a social media influencer. Let us say she
sought to register the domain name, mcdonaldssucks.cn, as a protest site where information
will be given (1) on the dangers of eating processed food (2) research on the co-relation of such
food with multiple diseases will be cited and linked and (3) the benefits of eating wholesome,
most home prepared meals, along with recipes. However, this domain name has been
defensively registered by McDonald’s (China) Co. Ltd., a franchisee of the Mc .
Z. Wang has instructed you to have mcdonaldsucks.cn delisted for Mc Co. Ltd
and transferred to her name. Please discuss whether this may be possible.
2.2) Let us say Z. Wang is also using her social media account, which has a 100 m followers,
to educate people about the dangers of fast-food, using the hashtag #mcdonald sucks#.
Mc Ltd have served Z. Wang a ‘cease and desist’ letter to stop what they call her
‘infringing their trademark’ on her social media account. Mc Ltd. have also
served Z.Wang’s social media company a similar cease and desist as joint infringer.
Please discuss the merits of this claim by McDonald’s China Co. Ltd.
Question 3
[100 Marks]
Databases and the data in them have become very valuable assets. How does Chinese law protect investments in databases and data? Contrast with the protection for these in the EU.
[100 Marks]
EBU6016 Paper A 2020/21
Question 4
In the early days, search was simple. You entered certain keywords and you were shown webpages that contained those words. The technology is now changing. Providers of such services now want to give you short and exact answers. They realized that their old method focused more on web pages but did not give meaningful answers. To solve this problem, Super Search Ltd (SSL) created an algorithm where if you type/ask a simple question, you will get a simple answer. To improve further, SSL updated its algorithm to include rich media in these types of search results. For example: when you search / voice search for information such as “China’s most popular movie’, you get the following result from SSL:
Super Search Ltd are now seeking to patent the method, for ‘Rich Content for Query Answers’ (关于查询回答的丰富内容).
The method, performed by data processing machines or ‘rich content processors’, consists of several steps as shown above, executed on a ‘rich content processor’. The steps, together, generate ‘rich’ results in response to the query, that consist of giving simple text answers but also image files, audio files, video files and webpages. The value of the method is in the search system being able to identify resources in response to queries submitted by users and provide information about the resources in a manner that is useful to the users.
Please advise SSL on the patentability of this search method. [100 Marks]
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