2.1.Napenda, a well-known singer, commissions Mr Say Cheese to take photographs of his wife Nangura and their new-born baby. The Glitz, a magazine that publishes the doings of the rich and famous, gets hold of the photographs and publishes them.

(a) What are the requirements for the subsistence of copyright in the photographs? (4)

(b) Who will be the author AND copyright owner of the photographs respectively? Motivate. (3)

(c) Will The Glitz be infringing copyright? Motivate. (3)

2.2Mary is the manufacturer of Marula cosmetics which she markets under the mark SKIN-DEEP in Rundu. The SKIN-DEEP mark has been registered with BIPA since January 2020. Anna starts marketing a range of cosmetics products in competition with Mary in Nkurenkuru. Anna's products are marketed under the mark of SKIN-DIP.

(a) Can Anna register SKIN-DIP as a mark? Explain. (2)

(b) What is the duration of Mary's SKIN-DEEP mark? (1)

(c) Can Anna use Mary's trademark? if so under which circumstance? (2)