Question 2 Siva is the CEO of an aesthetic clinic (the "Clinic"), which specialises in providing medical clinic services, dermatology, cosmetic and plastic surgery clinic services. Siva intends to expand his Clinic into a chain under the label, "PITERA MEDICAL", which has been used for several years by the Clinic. At the same time, Siva will launch a series of medical products using a specially designed hologram label, containing the words "PITERA MEDICAL" (which will appear in red and yellow colours depending on the angle at which it is viewed). Siva intends to register the holographic label as a trademark. When asked whether consumers might mistake "PITERA MEDICAL" for "PITERA," which is a registered word mark used with the name "SK-II", a long-established skin care brand, Siva dismissed the comment as he was confident that PITERA MEDICAL will not conflict with PITERA as it is to be used in relation to medical aesthetic products and services and not just any over-the-counter skin care products. It is, however, known in the industry that consumers of medical aesthetic products and services are frequently consumers of skin care products. Siva is also very proud of a procedure called "Lift" which he discovered, for the treatment of scarring from acne, skin infections and wounds. He predicts that the procedure will take the industry by surprise as it adopts a totally different approach in treating and reducing scars compared to the products currently available in the market and has an efficacy of almost 90%. He boasts that the procedure also has a therapeutic effect in preventing the growth of pathogenic microorganisms on the skin. Siva plans to procure a patent for the procedure "Lift" for both cosmetic and therapeutic uses. He is aware that the cosmetic use of the procedure may be regarded as an incidental effect of the therapeutic treatment. For the purposes of promoting "Lift", the Clinic commissioned Siva's cousin, Devi, to prepare marketing materials to explain "Lift", the treatment involved and the contraindications. Devi prepared the materials in due course but no formal terms for the arrangement were entered into between the Clinic and Devi, other than in respect of the cost of the drawings, the date of delivery and the specifications of the drawings. Outline to Siva whether the Clinic can: (b) apply for a patent for "Lift;" and (15 marks) (c) assert any copyright in the marketing materials for Lift. (10 marks)