Free Essay

Busl301

In:

Submitted By kyleye
Words 250
Pages 1
Proximate cause

different than actual cause; the concept is a limitation on your liability for the consequences of your negligent acts despite the existence of causation
-general test is foreseeability, did negligent act cause the event?

Injunctive Relief

a remedy for misappropriation that orders the defendant to refrain from doing something

Examples of "proper means" for obtaining another's secrets

1. from published literature
2. reverse engineering

3. public use/disclosure

4. independent invention/discovery by another

Mark must be inherently distinctive; distinctiveness continuum

1. Fanciful (made-up word)
2. Arbitrary (camel cigarrettes)

3. Suggestive (creative imagery, london fog raincoats)

4. Descriptive (weak, cannot be protected until acquire secondary meaning)

Tradenames

a name used to identify business, vocation or occupations (cannot be registered unless quality as a trademark) (eg Ford, Ben & Jerry's)

Patent

protected property right to make,use or sell an invention to the absolute exclusion of others
-lasts 20 years from date of filing

-after expires, becomes part of public domain

"One-year rule" (statutory prohibition)

cannot obtain patent if more than one year before filing, the invention was:
-patented or described in a worldly publication

-in public use in US

-ON sale in the U.S.

-subject to patent application from another inventor

patent infringement and remedies

Infringe if make, use or sell without permission
Remedies- injunctive relief, damages, attorneys' fees

Elements of contract

1. Offer/acceptance
2. Competent parties

3. Consideration

4. Legal subject matter or object

Consideration

legal value must be exchanged between parties

Express contracts

Similar Documents

Free Essay

Busl301

...BUSL301 Final exam Session 1 2013 The exam does not include: Lecture Area 1-4 Lecture Area 9 [Week 10] (Takeovers / Financial Services and Markets) The Role of Auditors / ASIC Investigation (these are both in Lecture Area 7 [Week 8]) Everything else is examinable – that is, within the range of material that may be included in the final exam Part A of the exam (20 marks) is multiple-choice (10 x 2 marks per question) Part B of the exam (40 marks) has 2 problem style questions requiring written responses (15 marks each) and 1 short answer style question (with 5 questions worth 2 marks each). Look at the Unit Guide and the Assessment Guide Also on iLearn are: Coversheet for the exam Practice Questions Answer Guide to Practice Questions This question paper must be returned. Candidates are not permitted to remove any part of it from the examination room. SEAT NUMBER: ……….… ROOM: .………………. FAMILY NAME.………….....…………………………. OTHER NAMES…………….…………………..…….. STUDENT NUMBER………….………..…………….. SESSION 1 EXAMINATIONS – JUNE 2013 Unit Code and Name: BUSL301 Corporations Law Time Allowed: Two hours (2) plus 10 minutes reading time Total Number of Questions: Part A has 10 questions; Part B has 3 questions Instructions: 1. All Parts are compulsory. 2. This exam is worth 60% (60 marks) of your overall assessment. 3. Part A is worth 20 marks and is comprised of 10 multiple-choice questions worth 2 marks each. It must be answered on the Answer Sheet provided. 4. Part B is worth 40 marks and...

Words: 2484 - Pages: 10

Premium Essay

Busl301

...These questions have been prepared by students of BUSL301 Session 3 2012-2013. Note – I have not checked or altered them - some aren’t very clear – some may be wrong - there are spelling errors etc. Nonetheless they are still practice (but remember students don’t prepare the midsession test – I do) The ANSWERS provided by students are at the end of the questions Try the questions then look at the suggested answers 1. Which of the following statements is most accurate? a) Shares are always transferable, while debts are not. b) Shares and debts are both generally transferable. c) Neither shares nor debts are transferable. d) Shares are generally transferable, but directors of proprietary companies can refuse transfer registration for any reason. 2. Tom entered into a contract with Cookie limited; a public company selling cookies of all flavors, to sell them 2000 kg of sugar. Tom met up with one of the directors named Mark to arrange and sign this contract. Tom also ensured he was a director of the company becasue he had looked it up on the ASIC records, so he felt confident the contract would not fall through. He is then later informed by the company that Mark acted without the consent of the other directors and was not allowed to enter into the agreement with him, so the company will not pay for the goods. Is Cookies limited obligated to pay Tom? a, yes, under section 128 an outsider is entitled to make assumptions in Section 129 in relation to dealing with a company....

Words: 1872 - Pages: 8

Premium Essay

Acf 2011 Sem 2

...Accredited Tertiary Courses Listing 2012 Accredited Tertiary Courses Listing 2012 – as at 26 September 2012 1 2012 Accredited Undergraduate Courses AUSTRALIAN CAPITAL TERRITORY The Australian National University University of Canberra NEW SOUTH WALES Australian Catholic University Australian Institute of Higher Education Avondale College Charles Sturt University Kings Own Institute Macquarie University Southern Cross University Top Education Institute The University of New England The University of New South Wales The University of Newcastle The University of Sydney University of Technology, Sydney University of Western Sydney University of Wollongong Williams Business College NORTHERN TERRITORY Charles Darwin University QUEENSLAND Australian Catholic University Bond University Central Queensland University Christian Heritage College Griffith University James Cook University Queensland University of Technology The University of Queensland The University of Southern Queensland University of the Sunshine Coast SOUTH AUSTRALIA Flinders University Kaplan Business School The University of Adelaide University of South Australia Open Universities (conferred by Uni of SA) TASMANIA University of Tasmania VICTORIA Australian Catholic University Cambridge International College Carrick Higher Education Deakin University Holmes Institute Holmesglen Institute of TAFE La Trobe University Melbourne Institute of Technology Monash University Northern Melbourne Institute of TAFE RMIT...

Words: 16200 - Pages: 65