The Concentrate Questions and Answers series offers the best preparation for tackling exam and assignment questions. Each book includes key debates, typical questions, diagram answer plans, suggested answers, author commentary, and tips to gain extra marks. The aim of Concentrate Q&A Family Law 2022 is to show candidates how to display their learning. This chapter starts with tips for writing essays and answering problem questions, which are followed by four lists of exam hints. Where relevant, the assumption is that the exam is to be set internally. The first list consists of preparation advice, whilst the second and third cover the exam itself. Some of the points made in these lists are obviously applicable to any exam, law or otherwise. Even third-year students may gain from these lists, if only by way of a refresher course. The fourth list is exclusively concerned with family law exams (and assignments).
Chapter
1. Exam Skills for Success in Family Law
Chapter
21. Dealings in intellectual property rights
This chapter examines dealings in intellectual property (IP) rights. Given the economic importance of IP rights, it is necessary to understand how IP dealings — or transactions — work. The starting point for considering IP transactions is a simple principle — there is a distinction between being the author/creator of the underlying work, invention, mark, or design and being the owner of the right. For this reason, being the author/creator does not necessarily mean that one will always have the ability to enter into transactions with others concerning the work, design, invention, or mark. Generally, it is owners, or their agents/trustees, who will have the power to engage in IP transactions. There are two basic forms of IP dealings: assignment, and licensing. An assignment involves the outright transfer of ownership from the current owner to the new owner. By contrast, a licence is a mere permission to use the IP right.
Chapter
24. Money and the transfer of obligations
This chapter presents the nature of money and the financing role played by transfers of different types of obligation. It considers the idea of money, which is central to a developed capitalist economy, thus becoming a universal means of exchange. Meanwhile, the conflicting needs of the parties can only be accommodated by the supplier transferring to a third party the right to receive payment from the customer, in return for an immediate cash payment. The chapter then enumerates the practice of assignment and negotiation as mechanisms of transferring obligations. It also discusses the classification of property, cryptocurrencies, and other digital assets.
Chapter
22. Assignment of choses in action
D Fox, RJC Munday, B Soyer, AM Tettenborn, and PG Turner
This chapter deals with the general law of assignment of choses in action. Beginning with the historically based difference between equitable and statutory assignment, it then explains what ‘chose in action’ and ‘assignment’ are before discussing the requirement that there be an existing and assignable chose in action or right as well as the requirement that a person who holds an existing assignable chose in action intends to assign it. It also examines whether and when a rule of legal formality requires writing to be made; whether and when notice of the assignment is required; and obstacles to the enforcement of an assigned chose in action.
Chapter
11. Enforcement of leasehold covenants
Course-focused and comprehensive, the Textbook on Land Law provides an accessible overview of one key area on the law curriculum. This chapter discusses how leasehold covenants are enforced, considering the impact of the Landlord and Tenant (Covenants) Act 1995 and the distinction between ‘old leases’ (arising before 1 January 1996) and ‘new tenancies’ (arising after 1 January 1996). For both old and new leases, it considers the effect covenants have on the original parties to the lease; their successors in title (those who acquire the lease or the reversion from the original tenant or landlord); and subtenants (those who hold a sub-lease granted by the original tenant or his successor in title). It illustrates the law by reference to the previously-discussed tenancies of 5 Trant Way (new tenancies) and 6 Trant Way (an old lease) and also considers the position of the subtenants occupying 7 Trant Way.
Chapter
12. Obligations in Leases
Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the obligations of landlords and tenants in leases. It covers implied landlord’s covenants; repairing covenants; the scope of ‘repair’; Homes (Fitness for Human Habitation) Act 2018; remedies for breach of the landlord’s covenants to repair, such as specific performance, appointing a receiver, damages; tenant’s express and implied covenants; covenants against assigning, subletting, and parting with possession; absolute and qualified covenants; and remedies against a tenant in breach of repairing obligations.
Chapter
20. Freehold Covenants
Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the difference between restrictive and positive covenants; the rules which govern the running of the burden of covenants; the rules regulating who initially has the right to enforce a covenant; the significance of s56 of the Law of Property Act 1925 and the impact of the Contracts (Rights of Third Parties) Act 1999; the rules regarding assignment of restrictive covenants; the concept ‘building scheme’; and whether a positive or restrictive covenant will pass to successors in title.
Chapter
42. Exploitation and Use of Trade Marks
L. Bently, B. Sherman, D. Gangjee, and P. Johnson
This chapter is concerned with the exploitation and use of trade marks under the Trade Marks Act 1994. It first considers the ownership of trade marks and ‘unregistered marks’ and the problems that arise in relation to co-ownership. It then describes the ways in which trade marks and ‘unregistered marks’ can be exploited (self-exploitation, assignment, voluntary licences, compulsory licences, mortgages, testamentary dispositions) as well as the limitations placed on the uses that can be made of a trade mark. Registration of interests and transactions is also discussed, and UK competition law is compared with that in Europe. In addition, the chapter presents a list of terms that are commonly used in trade mark licence agreements and the approach that competition law takes towards them. Finally, it outlines trade mark delimitation agreements.
Chapter
13. Skills for Success in Coursework Assessments
The Concentrate Questions and Answers series offers the best preparation for tackling exam and assignment questions. Each book includes key debates, typical questions, diagram answer plans, suggested answers, author commentary, and tips to gain extra marks. This chapter builds upon the guidance provided in chapter one regarding the completion of coursework or assignment questions. It sets out the expectations lecturers will have in relation to coursework submissions and provides advice on: planning and how to research assignment tasks; how to evaluate and critically analyse the law; how to adhere to the word count; how to reference; how to proofread; and the practicalities of submission. It then contains a sample coursework answer.
Chapter
11. Exploitation and Use of Copyright
L. Bently, B. Sherman, D. Gangjee, and P. Johnson
This chapter examines the ways in which copyright can be exploited or transferred, with emphasis on the two most important forms of exploitation: assignment and licensing. It also discusses the transfer of copyright in the case of mortgages, bankruptcy, or death, as well as situations in which compulsory licences and voluntary licences are used to exploit copyright. In addition, the chapter considers testamentary dispositions, techniques for exploiting works that rely on the use of technological protection measures, and the role of collecting societies in copyright exploitation.
Chapter
23. Exploitation
L. Bently, B. Sherman, D. Gangjee, and P. Johnson
This chapter looks at the many different ways in which patents may be exploited and some limits to exploitation. It first explains how patentees themselves can exploit the patent and considers two of the more common forms of voluntary uses: assignment and licence. It then describes situations in which compulsory licences are available and the compensation payable where the patent is used via a compulsory licence or by an employer or the Crown. Mortgages, testamentary dispositions, and registration of interests and transactions are also discussed, along with the effects of competition law on patent law. It also looks at employee compensation for their inventions. The chapter concludes by assessing compulsory licences under section 48 of the Patents Act 1977, the licensing and cross-licensing of biotechnological inventions, and compulsory licences for public health.
Chapter
28. Ownership, Exploitation, and Infringement: Registered Designs and Supplementary Unregistered Designs
L. Bently, B. Sherman, D. Gangjee, and P. Johnson
This chapter focuses on who is entitled to apply for a design registration as well as the rules relating to ownership and exploitation with respect to registered designs in the UK and unregistered Community designs. It also discusses infringement and exceptions in the three harmonized systems. It begins by considering the question of who is initially entitled to a design, citing entitlement under the UK Registered Designs Act 1949. It then turns to assignment and licensing, the optimal period of protection for a design, and the British approach to infringement. Finally, the chapter examines exceptions and defences that are available when dealing with design protection.
Chapter
6. Copyright 5: authors’ rights, and exploitation of copyright
This chapter begins by examining the rights granted exclusively to authors—moral rights and artist’s resale right. It discusses ‘moral rights’ first, that is, the right to be identified as the author of the protected work, and to have that work’s integrity respected by others, followed by the artist’s resale right. The rest of this chapter discusses fundamental rules and controls on exploitation and use of copyright. This includes dealings in copyright, such as assignment and licensing; specific features of copyright exploitation, for example collective licensing; and also contemporary issues related to the use of copyright works, for example the challenge of orphan works for users, and the application of technological protection measures by right owners to prevent unauthorised use of or access to protected works.
Chapter
22. Assignment
Jack Beatson, Andrew Burrows, and John Cartwright
This Chapter considers assignment, that is to say, the transfer of B’s contractual rights against A to C by means of an agreement between B (the assignor) and C (the assignee) irrespective of A’s (the debtor’s) consent. It examines the rules governing assignment and distinguishes it from several similar concepts: the negotiability of ‘negotiable instruments’, vicarious performance, novation, and the transfer of rights and liabilities by operation of law.
