Question

Business law and ethics

Case Two: (60 marks) Brain Co. is a well-established company in the United States of America. Its researcher team has invented a remarkably interesting book holder for night reading. It is a solar charged frame with a phosphorescent membrane that absorbs light during the day and releases its “kryptonite green energy" in dark for late night readers in shared spaces. Management has decided to call this book holder "Bright Mind”. They have already manufactured thousands of book holders, and they are ready to distribute them to seller stores. However, they are concerned that the book holder invention might be improperly used, and they would like to ensure a legal protection for the invention. They are also worried about the commercial name of the book holder. Selma, a movie star, heard about the upcoming book holder invention. She published the next day on all her social media accounts that she is very thrilled with this new invention and promised Safe Children Association (an association that takes care of orphans) to offer to the association 1000 items (book holder) as soon as it is released. Safe Children Association retweeted back Selma's promise and expressed their gratitude toward the star. a. How can Brain Co. protect their invention from a legal perspective and under which law? (5 marks) b. Please explain and verify if the invention of Brain Co. fulfills the conditions required for protection under law. (20 marks) c. Please suggest a commercial name for the product (different than the one chosen by Brain Co.) that is registrable (5 marks) and explain why the commercial name you have suggested is registrable. (15 marks) d. The book holder is now available on the market. Safe Children Association has called Selma to ask her when to deliver the 1000 items. Selma said that she has changed her mind. Is the promise of Selma to offer 1000 book holders to Safe Children Association binding? Please explain your answer considering contract law. (15 marks)

Answer 1

Answer a=The invention of the company can be protected as per Intellectual Property Law. The company can use the patent to protect its newly developed invention. Patents are provided to the unique products and innovations for a certain period of time preventing any authorized use of patented products.

Answer b- In order to have the patentability, any product must have the below-mentioned features=

The innovation must be novel

The innovation must have some type of unique innovation

The invention can be produced at the industrial level

If we look at all these three conditions, these are satisfied by the company’s product/ This means that the product was unique and it was never developed before and at the same time the product can be produced at an industrial level

Answer c- The alternative name of the products could be Moon Stand. This is registrable as it is unique and there is no other product which has a similar name for the same product.

Answer d= Yes, there is a legal binding on Selma to give 1000 book holders to Safe Children Association as Selma promised the same by Tweeting and this was recognized or accepted by the Association by retweeting the tweet of Selma. Thus there is a written contract. The offer was made Selma and it was accepted by Association so all the requirements of the valid contracts are met