QUESTION TWO

KIM K Ltd ('KK') has developed a rectangular chopping board ('the GRIPPER') made from polyethylene material that has a sloping walled channel at one end to collect juices, peels, and crumbs. One side of the board is smooth, and the other side has a number of studs that pierce a roast and enable it to remain stable whilst the roast is carved. The juices flow into the channel and can be later poured into another container, for example to make gravy. The parts where the board connects to the countertop are coated with a silicone material that keeps the board stable at all times. KK's proposed patent application discloses how the collection of juices and crumbs for easy disposal is what is new in chopping board design.

A thorough search has revealed the existence of the following types of (unrelated) chopping surfaces and platters:

• An oval metal serving dish with spikes that enables the roast to remain stable whilst being carved.
• A plastic chopping board with silicone edges providing stability when substances are cut or chopped.
• A wooden board that sits horizontally on raised pillars with a central hole under which a small bowl may be placed. The user can sweep crumbs, juices, or peels into the bowl through the round central hole.

Required: PLEASE PROVIDE ANSWERS IN IRAC FORMAT

1. Please advise KK if KK might be successful in their patent application relating to the GRIPPER. Refer to relevant legislation and case law in your answer.

(10 marks)

KK intends to manufacture the GRIPPER in red with a black trim. The polyethylene studs are to be coated with a special silver coating that helps to maintain the sharpness of the studs and presents a pleasant contrast to the red horizontal surface. The low walls and silicone lining are to be black.

Required:

Please advise KK of whether they might use other forms of IP to protect the GRIPPER. You must make one recommendation and your answer must be substantiated by referring to relevant legislation and/or case law.