Consider and analyse the ways in which international business law seeks to align and enforce national intellectual property protection mechanisms.

International Business Law

Learning outcome 1: Demonstrate understanding of issues in international business law and evaluate the scope and the ways in which business is regulated in a global economy, understand, and analyse contract and tort law.

Learning outcome 2: Critically consider the law that governs international contractual relations conducted and concluded electronically across borders and over distances.

Learning outcome 3: Consider and analyse the ways in which international business law seeks to align and enforce national intellectual property protection mechanisms.

Learning outcome 4: Critically analyse the regulation of international corporate behaviour and corporate culture in a globalised economy.

Task requirements

Read carefully the cases and answer the questions:

Part 1: The below scenarios will align with Learning Outcomes 1 & 2 (you are expected to write a maximum of 1500 words):

1a) Ellie, who lives in Paris, emailed Memoona -an acquaintance who owns an art gallery in London- a picture of an old painting which was left to her by her grandmother, who also lived in London. Ellie is interested in selling the painting as soon as possible. Memoona thinks that it might be by Rembrandt but is not sure. Memoona offers £5,000 for the painting. Ellie, who will travel to London that week, sends a text message accepting Memoona`s offer, to be paid in exchange for the painting next week. The evening before the transaction occur, Ellie shows the painting to Herve, who is an art critic. He recognises the painting and assures this is a Rembrandt. It may be worth up to £500,000. The following day Ellie refuses to hand it over to Memoona for the agreed price.

a) State and discuss the specific legal issues in scenario 1a) that arise between Memoona and Ellie in the above transaction.

1b) Memoona decided to put on an art exhibition at the gallery, to be held on the 2nd of January 2022. She contracted with Eric Suppliers Ltd to install a new heating system, and to paint the entrance hall in the gallery, at a total cost of £10,000. Both works had to be completed by 27th December 2021. Eric completed the installation work by 26th December 2021 but could not complete the painting until the 1st January, 2022.

As a result of Eric using the wrong type of paint, horrific toxic smells emanated through the main hall of the gallery. Memoona became furious, anxious, and extremely disappointed when she realised that it would be very difficult to hold the exhibition at her gallery. She phoned another gallery to find out if the exhibition could be held there instead.
, she received no reply. She could have held the exhibition in the gallery basement but due to space restrictions there that would have meant she could have only accommodated some 50 guests (as opposed to the original 200 invited guests). Instead, she decided to cancel the whole exhibition.

b) In scenario 1b) Memoona has refused to pay Eric because of the defective painting. Advise Eric of what to do using relevant legal principles.

c) Memoona has now decided to sue Eric for the loss of income in the sum of £500,000 as a result of the cancellation of her exhibition. Advise Memoona of the specific legal issues in this matter and what may be the likely outcome.

Part 2: The below scenarios will align with Learning Outcome 3 (you are expected to write a maximum of 750 words):
Hiades Ltd, a UK based company, has developed a very innovative technological solution that unifies all the operative and administrative systems with an easy-to-use interface adapted to all pilotage requirements. The software is being used by several European Port Authorities. In Europe, software is usually copyrighted, but Hiades would like to expand to the USA. However, in the meantime, Hiades found that their software is being used by some companies without any license.

a) Critically analyse the different types of protection for the software and advise Hiades how to obtain the best possible protection for their software worldwide.

b) Advise Hiades about their options using relevant legal Intellectual Property principles.

Part 3: The below scenarios will align with Learning Outcome 4 (you are expected to write a maximum of 750 words):

Death Star Group, Ltd is a multinational company operating in the aerospace industry. While the company considers the carbon intensity of their business to be low, they have been publishing greenhouse gas emissions data for a number of years to meet regulatory requirements. At the last AGM, shareholders filed a resolution requesting that Death Star Group, Ltd disclose more information on the risks of climate change to their business and the financial impacts associated with these risks in the next annual report.

As other companies in the aerospace sector have not disclosed this information, the company is concerned that publishing these figures will draw negative attention to the business, as they may be perceived to be more vulnerable in the market. The reporting team have also expressed concerns over the quality of the information you currently have available, as the company have not undertaken a specific climate risk assessment.

a. State and discuss the specific legal issues that arise in the above scenario. Advice Death Star Group, Ltd about the convenience of disclosing the risk and financial impact information investors are requesting alongside its legal and reputational implications.