In: Business and Management

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)


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


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


legal value must be exchanged between parties…...

Similar Documents


...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

Acf 2011 Sem 2

...Processes Acc’g Systems & Processes Corp. Acc’g & Reporting Accounting Theory Cost & Management Acc’g Finance Audit & Assurance Legal Framework & Comm. Law Legal Framework & Comm. Law Aus. Corp. Law Aus. Tax. Law Info. Systems Economics Quantitative Methods Macquarie University (Includes Macquarie City Campus, Sydney) BCom-ProfAccg ACCG100 Accounting 1A ACCG101 Accounting 1B ACCG224 Intermediate Financial Accounting ACCG308 Corporate Accounting and Reporting ACCG399 Issues in Accounting Theory and Practice ACCG301 Organisational Planning and Control ACCG200 Fundamentals of Management Accounting ACCG252 Applied Financial Analysis and Management OR ACCG253 Financial Management ACCG340 Auditing and Assurance Services BUSL250 Business Law BUSL301 Corporations Law BUSL320 Revenue Law Accounting Systems Design and ACCG250 Development OR ACCG251 Accounting and Information Systems ECON111 Microeconomic Principles STAT170 Introductory Statistics OR STAT171 Statistical Data Analysis BCom-ProfAccgLLB ACCG100 Accounting 1A ACCG101 Accounting 1B ACCG224 Intermediate Financial Accounting ACCG308 Corporate Accounting and Reporting ACCG399 Issue in Accounting Theory and Practice ACCG301 Organisational Planning & Control Acc’g Systems & Processes Acc’g Systems & Processes Corp. Acc’g & Reporting Corp. Acc’g & Reporting Accounting Theory Cost & M’ment Act’g Cost & Management Acc’g Finance Finance Audit & Assurance Legal Framework & Comm. Law Aus. Corp. Law Aus. Tax. Law Info.......

Words: 16200 - Pages: 65


...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......

Words: 2484 - Pages: 10