Scribd
Upload
11 views4 pages

ECLA7311 Ea

Past paper

Uploaded by

amahlekunene00
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
11 views4 pages

ECLA7311 Ea

Past paper

Uploaded by

amahlekunene00
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 4

21; 22; 23 2022

MODULE NAME: MODULE CODE:


E-COMMERCE LAW 3 ECLA7311

ASSESSMENT TYPE: EXAMINATION (PAPER ONLY)


TOTAL MARK ALLOCATION: 120 MARKS
TOTAL HOURS: 2 HOURS (+10 minutes reading time)
INSTRUCTIONS:
1. Please adhere to all instructions in the assessment booklet.
2. Independent work is required.
3. Five minutes per hour of the assessment to a maximum of 15 minutes is dedicated to
reading time before the start of the assessment. You may make notes on your question
paper, but not in your answer sheet. Calculators may not be used during reading time.
4. You may not leave the assessment venue during reading time, or during the first hour or
during the last 15 minutes of the assessment.
5. Ensure that your name is on all pieces of paper or books that you will be submitting. Submit
all the pages of this assessment’s question paper as well as your answer script.
6. Answer all the questions on the answer sheets or in answer booklets provided. The phrase
‘END OF PAPER’ will appear after the final set question of this assessment.
7. Remember to work at a steady pace so that you are able to complete the assessment within
the allocated time. Use the mark allocation as a guideline as to how much time to spend on
each section.
Additional instructions:
1. This is a CLOSED BOOK assessment.
2. Calculators are not allowed.
3. Answer All Questions.

© The Independent Institute of Education (Pty) Ltd 2022


Page 1 of 4
21; 22; 23 2022

Question 1 (Marks: 20)


Answer the following questions.

Q.1.1 With reference to legislation, explain whether contracts that are entered into by (10)
means of an electronic data message are valid or not.

Q.1.2 Explain the procedural drawbacks that exist in the process of obtaining a patent. (10)

Question 2 (Marks: 65)

Sally runs a travel agency and is currently creating her website. She has employed Tom to assist
her with the creation of her website as well as a cellular phone application to attract more
customers. Tom is working from Sarah’s offices. Her company’s name is called Travel Agents and
Co. As a new business, she needs to draw visitors to her website. She decides to include the
following in her website: she creates description and keyword meta-tags on her website, which
include the names of her competitors such as New Nation Travel Agency and Fantastic Travel
Agencies, which are established travel agencies and who she knows people will search for often.
Both of these travel agencies have registered their trademarks. Sally has also decided to register a
trademark over her company’s name.

Q.2.1 With reference to meta-tags: (11)


• Explain what a meta-tag is; and
• Distinguish between “description” meta-tags and “keyword” meta-tags.

Q.2.2 Assess whether or not Sally has committed trademark infringement through her use (12)
of meta-tags.

Q.2.3 Can Sally register her company’s name as a trademark? Substantiate your answer. (10)

Q.2.4 Critically evaluate the problems associated with the allocation of a domain name on (10)
a first-come first-served basis, and what this could mean for the holder of a
trademark.

© The Independent Institute of Education (Pty) Ltd 2022


Page 2 of 4
21; 22; 23 2022

Q.2.5 What types of ‘works’, as defined in the Copyright Act 98 of 1978, is Tom creating in (2)
respect of the website and computer program respectively? Critically discuss.

Q.2.6 What requirements must be met in order for the ‘works’ in Q.2.5 above to be (6)
protected under copyright? Discuss.

Q.2.7 Identify who the author of the ‘works’ is in the above scenario. (4)

Q.2.8 Critically evaluate whether the following statement is correct or incorrect. Refer to (10)
relevant case law in your answer.

“Screen displays are not copyrightable”.

Question 3 (Marks: 35)

Personal information about Jane was communicated by a medicines control inspector, Mr Jones,
to another control inspector, Mr Smith, by way of email. The purposes of the email were to plan
and implement of a search of Jane’s premises to carry out a regulatory inspection as a result of a
tip off. The NewsExpress Newspaper learns of such a planned inspection (by unlawful means, such
information was not provided to The NewsExpress Newspaper by the medicines control inspector)
and plans to publish a story on it in its next print run, including the personal information about
Jane.

Jane is displeased with Mr Jones and blames him for her “career coming to an end”. She posts the
following on her Facebook account: “Tom Jones is a dirty scoundrel who made up information
about me and now my medical licence is being revoked.” Jane tags Mr Jones in the post. Jane’s
best friend, Sarah, is angry and she also shares Jane’s’s post on her Facebook page.

Q.3.1 In Mistry v Interim Medical and Dental Council of South Africa 1998 (4) SA 1127 (10)
(CC), the Constitutional court held that there are a number of factors that are
important in considering whether a violation of the informational aspect of the
right to privacy has taken place.

© The Independent Institute of Education (Pty) Ltd 2022


Page 3 of 4
21; 22; 23 2022

Applying these factors to the above scenario, do you believe that a violation of the
right to privacy has taken place by the medicines control inspector? Motivate your
answer.

Q.3.2 What type of breach of privacy will take place by The NewsExpress Newspaper (4)
should they proceed to publish Jane’s personal information; and is there a remedy
available to Jane to prevent The NewsExpress Newspaper from publishing the
story? Discuss.

Q.3.3 Critically evaluate the following statement: (6)

“The Promotion of Access to Information Act is essentially a “Freedom of


Information Act” and not primarily concerned with data privacy”.

Is this statement correct, incorrect or partially, correct? Explain the measures in


Promotion of Access to Information Act 2 of 2022 (PAIA) that assist with data
privacy.

Q.3.4 Mr Jones approaches you for advice. He would like to know whether or not he has a (15)
claim for defamation against both Sarah and Jane. Motivate your answer.

NB: 13 marks will be awarded for content and two marks will be awarded for skill
and method.

END OF PAPER

© The Independent Institute of Education (Pty) Ltd 2022


Page 4 of 4

You might also like