Oxford BA: IP Law Exam Paper

"The exclusion of computer programs 'as such' from patent protection under s1(2) PA 1977 is an increasingly artificial distinction in the age of AI." Critically evaluate.

DataVault Ltd discovers that a competitor, InfoSafe plc, has copied the structure, selection, and arrangement of DataVault's customer database for use in its own product. InfoSafe has also launched a product called 'DataVault Pro' with packaging that closely resembles DataVault's trade dress. Advise DataVault on claims in: (a) copyright, (b) trade mark infringement, and (c) passing off.

"The fair dealing defences in the CDPA 1988 are too narrow to accommodate the legitimate interests of users in the digital age." Discuss.

PharmaCo Ltd holds a patent for a drug treating chronic pain. The patent claims cover a specific chemical compound and a method of manufacture. GeneriCo Ltd plans to market a generic version using a slightly different manufacturing process but producing the same compound. PharmaCo also discovers that a university researcher, Dr Singh, has been conducting experiments using the patented compound. Advise PharmaCo.