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Transcript of B.Law sample
Hawra Ali & Abrar Almajed
Heba Mohmmed & Abdulrasool
Duty of Care
Dana Sahwan This presentation will cover What type of company would be the best for three different nationalities? Whether Whirlcool is directly liable in negligence to Mrs Guntrip, if she got injured? Rule British Common Law:
Donoghue v Stevenson  case.
Bahraini Civil Code:
Article 158. Application -Reasonableforeseeability
- Fair, just and reasonable Breach Causation Three Stage Test What happened to Mrs Guntrip? Was the usage of the washing machine
is the proximate cause of the injury? Damages Damages Copyright Trademark Patent Issue Rule Course of employment:
- Order from the employer.
- Time of creation.
- Relevance to the job. Conclusion Whether Ji Yang owns the
computerised system’s copy right if
he created it under the course
Act No. 22 of the Year 2006|relating to the Protection of Copyright and Neighbouring Rights:
- Article 2.b
China IP regulations:
- 2.4. Copyright: Legislation (8)
China copyright legislation:
- Article 16 Application Issue Application Rule Conclusion Can Ji Yang register for a patent for his developed washing machine’s computerised system, although they have already been sold ? Bahraini Law
Act No. 1 of 2004 on Patents and Utility Models
Article 22 Whirlpool has been registered in the commercial record since 1911 by the by U.S.A authority.
Non-verbal Whirlcool has a committed a trademark Infringement against Whirlpool. Issue Rule Application Conclusion Issue Bahrain Company Law:
Article (25): General Partnership Company.
Article (50): limited Partnership Company.
Article (246), (249)(B): Limited Partnership by Shares.
Article(261): Limited Liability Company. Rules Application Conclusion General Company takes the personal properties.
Limited Company By Shares requires minimum of four partners.
Limited Partnership Company require a sleeping partner.
Limited Liability Company suites the requirements. Limited Liability Company is the best for the three partners because less risky than general partnership. Issue Rule Application Conclusion Whether WashCo make any financial claim against Whirlcool in regard to the new computerised system? Act No. 22 of the Year 2006 Relating to the Protection of Copyright and Neighbouring Rights:
Article 65 (1)
Copyright Law of the People's Republic of China:
Article (10) (6)
Article 46 (11) Interest
Conflict Issue Is there any contractual issues regarding the idea of Mr Yang did not disclose that he worked for WashCo? Rule Whether Whirlcool has committed a trademark Infringement by using a similar trademark to American company even though it isn’t registered in the commercial registration? What Mrs. Guntrip wants from Whirlcool ? Conclusion Whirlcool owes a duty of care to Mrs Guntrip and must pay her the damages. Any Questions? Under the Bahraini Law:
WashCo is the owner of the copyright.
Under the Chinese Law:
Ji Yang is the owner of the computerised system copyright, unless it was created in less than 2 years. Bahraini Law: legislative decree no. (11) of 2006 with respect to trademarks:
Article 28 ( 2)
Article 43 (1) Ji Yang can’t register for a patent in China nor in Bahrain. The innovation must be new:
Whirlcool has advertised for their new washing machines 10 weeks ago.
A machine was sold online to Mrs. Guntrip 6 weeks ago. Economics rights.
Secondary infringement. Application Ji Yang did not disclosure that he is working for another company the produce the same products as Whirlcool. Under the Bahraini Law:
WashCo can make financial claim
Under the Chinese Law:
WashCo can’t make a financial claim, unless the computerised system copyright was created in less than 2 years. Bahrain Corporate Governance Code:
2.1 Personal Accountability
2.3 Disclosure of Conflicts of Interest. Conclusion Whirlcool can sue Ji Yang because he did not disclose that he works for WashCo under principle 2 of Bahrain Corporate Government Code.