I’m not in the business of writing model answers. In the Turnitin age, it’s potentially dangerous: students might produce similar-looking work. I want to help new lawyers develop their own style, to think and write for themselves. When they start in law firms, they are going to find their scope for writing things their own way severely curtailed, but with luck by the time they recover the freedom to do things their own way they might remember what I told them.
I spent time today going over a designs problem from the University of London’s 2020 Zone A paper, which stars a designer called Tariq. You are asked to advise him under the Copyright, Designs and Patents Act 1988, so you know that the answer is not going to be about trade marks or patents or confidential information or passing off. Whether it is about copyright and designs, or just one of them, is another question - but (spoiler alert) the examiner always tries to get two for the price of one in designs questions, and if you don’t think there is a copyright angle - look harder!
Here, I will just take the question apart and see what issues there are in it. I will do so as if he were talking to his solicitor - so you aren’t going to find everything you need here, I won’t include case names and section numbers which clients generally find rather boring, just focus on the issues - it’s identifying the issues and judging how important they are that’s the most important thing to teach you, I think. The law, after all, is in your books.
[Solicitor, wearing expensive suit with white shirt and brightly-coloured tie, and trainee wearing skirt and jacket, enter meeting room. A man in jeans and a stained tee shirt is already sitting at the table, with a cup of coffee in front of him and a file of papers.]
“Good morning! You must be Tariq. I’m pleased to meet you. First, do you mind if my trainee, Laura, joins the meeting?”
“Hi! That’s fine, she’s very welcome to join in.”
“Good. Now, I gather from your enquiry that you’re a ceramic artist.” It was a statement rather than a question.
“Yes, I am. I have a style that I have developed over many years now, using clay and brightly-coloured tiles to makes large bowls, table lamps and crockery. Here, I brought some pictures for you to get a feel for my work.”
“Thank you. They certainly look distinctive to me. Do you make them in large numbers, or is it all hand-made stuff?”
“Well, I’m not sure what you would consider large numbers - but I make everything myself, so volumes are pretty small. Keeping the pieces exclusive means I can charge a good price for them. Unfortunately, that attracts mass-market people who rip off my designs.”