Marcus is an experienced chef. In 2018, he established a restaurant specialising in fusion Mexican and Japanese cuisine. The restaurant is called Hola Fukiyama and it has become one of the most popular restaurants in Perth. Marcus is looking to set up two new branches in the next few years. In the process of running his successful business, Marcus has written down all his go-to recipes loved by regulars. He has also set up instruction cards and diagrams to ensure there is a clear system for everything from preparation of ingredients to presentation of cutlery and food. In addition, Marcus has a registered trade mark over the restaurant name. The classes and description of his registration over "Hola Fukiyama" is Class 43 for 'restaurant services' and 'provision of food and drink'. You may assume that this trade mark registration is valid. Ayla is a former chef and has extraordinarily sensitive taste buds. She tries all the dishes at Hola Fukiyama and in doing so, is able to recognise the ingredients. Through trial and error she manages to 'reverse engineer' 10 of Hola Fukiyama's most popular dishes - i.e. figure out the right portion of ingredients and the methods needed to make the dishes. She writes up a document titled "Copycat Hola Fukiyama Recipes" containing these recipes, and sells it online on her website as a PDF e-Book. Each download of the e-Book costs $15. Marcus claims that Ayla's book infringes his intellectual property as the ingredient list and methods set out in the book allows others to closely replicate the dishes that he serves in the restaurant. Ayla rejects that claim as she says she has not seen Marcus' recipes before. Based on the above scenario, please advise on the following matters and explain the legal basis for your answer, identifying additional information where necessary (assume that no contracts or agreements exist between the parties):

1. What copyright work/subject matter exists and who owns this? (10 marks)

2. Has Ayla infringed copyright? (8 marks)

3. Has Ayla infringed trade mark law? (12 marks)

You must cite cases and legislative provisions for the rules and propositions relied upon, but can do so in abbreviated form in text (eg CA s 10(1) for section 10(1) of the Copyright Act 1968 (Cth) or McCormick for McCormick & Co Inc v McCormick [2000] FCA 1335). You are not required to provide the full citation or use footnotes.