Question
Lars and Delia are close friends of Emma Edwards from Emma's Eco Experiences. Lars and Delia manufacture boutique boxed chocolates. The business, Petite Treats, is
Lars and Delia are close friends of Emma Edwards from Emma's Eco Experiences.
Lars and Delia manufacture boutique boxed chocolates. The business, Petite
Treats, is relatively new, and they have had problems getting their products
exactly right.
Lars contacted another friend of his, Byron, who works at Chococorp, a major
chocolate company, looking at expanding its range of products. Lars and Byron
meet, and during their conversation Byron tells Lars about some new products
that Chococorp have been developing and have in production. Byron then decides
to share some formulas and data with Lars. Based on the information provided by
Byron, Lars and Delia's business is producing tasty chocolate treats and has now
experienced growth.
Delia wants to update their packaging to better align with the new boxed
chocolates they are producing. She has a favourite photograph of a small boy
looking into a chocolate shop window that was taken by Ursula Anderson (who
died in 1973) in Lucerne in 1936. Ursula's print is black and white with
exaggerated neon streaks of colour. Delia would really like to integrate elements
of the eye-catching, highlighted photo onto her external chocolate box packaging.
Lars's good friend Rajesh wrote a poem that was recently read out at Lars's
wedding to Delia. Lars thinks that the first two lines from the poem could be
printed on the inner packaging within the chocolate box.
Just as Lars and Delia are planning their new packaging, Chococorp becomes
aware that Lars and Delia are using some of their newly developed chocolate
formulas.
As their legal advisor, Lars and Delia have come to you for advice.
Your tasks:
1. Using what you know about copyright, identify the potential copyright issues
that might be present in Lars and Delia's plans to update the packaging of their
chocolates, and explain why this might be problematic.
2. Then, using what you know about protecting secrets, determine if there are any
actions that Chococorp might take against (i) Byron and (ii) Lars and Delia. Justify
your position in both instances.
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