I'm doing assignments for IP Law. It's in regard to Go Kart business, the questions is how best can the company protect their Intellectual Property for the engines, driving technique and tagline?

This is a homework question, right?

It seems that everybody who posts a question in "Corporate Law" wants their homework done.

Why is that?

[QUOTE=AK lawyer;2272692]This is a homework question, right?

It seems that everybody who posts a question in "Corporate Law" wants their homework done.

Why is that?[/


I have stated earlier that its an assignment. I'm here to ask for help about my question. This is not the first time I've used this site to gain better insights and directions for some of my concerns for several other topics. I've received great help from other users whom assisted me not by doing the work per say but by guiding me through for a clearer understanding with constant exchange of thoughts and ideas.

If by any chance you don't intend to give your kind thoughts or ideas about my question, I truly understand and I hope you too would understand that I'm not everybody and I genuinely posted the question seeking for a kind soul to guide me for a clearer understanding. Thank you.

OK. Fair enough.

First thing I'd do would be to make a list of how this intellectial property is likely to be infringed. Then for each possible kind of infringement, devise a strategy to protect from it.

What, pray tell, do you mean by " engines, driving technique and tagline"? I don't see how engines belonging to such a business are intellectual property. Nor do I see how "driving technique" is protectible as intellectual property. I don't know what a tagline is. Perhaps it would be good to define these terms in the context of a go cart business.

OK. Fair enough.

First thing I'd do would be to make a list of how this intellectial property is likely to be infringed. Then for each possible kind of infringement, devise a strategy to protect from it.

What, pray tell, do you mean by " engines, driving technique and tagline"? I don't see how engines belonging to such a business are intellectual property. Nor do I see how "driving technique" is protectible as intellectual property. I don't know what a tagline is. Perhaps it would be good to define these terms in the context of a go cart business.

In the case study given, the Go Kart business which business name is Kart Village, has set up a Research and Development (R&D) division that conducts the latest research to the Karting engine design. They were able to produce the first Kart that ran purely on water. This was designed by the head engineer in the R&D team. Its was a breakthrough technology that several major automobile companies became interested in their invention. Apparently they have also invented a technique that was only known by the R&D staff and coaches on the most effective posture for drivers to perform on their peak. Though it's a relatively simple technique it is very effective one and some of the F1 team are keen to find out more about it. Their tagline give in the case study is "You kart, We Breath" to emphasize their green technology.

My thoughts on this is, the IP law would consists of mainly copyrights, trade-secrets, patent and trademarks. So will be correct if basing on the earlier question posted, Kart village can protect the engines design by patent, driving technique by trade-secrets and lastly the tagline by trademark or copyright? I don't know if it makes any sense.. help.. thanks

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I do have to wonder here what intellectual property a Go Kart business would have to protect. The carts presumably use internal combustion engines that, I believe, are now in the public domain. Unless they have some design improvement for those engines, I don't see any intellectual property there. If there is, then they should file for a patent. What possible IP would be involved in driving techniques? As for a tagline, as a business they can trademark their name and any advertising slogans.

Please review the guidelines on asking for help with homework that can be found here:

https://www.askmehelpdesk.com/arts-literature/announcement-u-b-read-first-expectations-homework-help-board-b-u.html

I do have to wonder here what intellectual property a Go Kart business would have to protect. The carts presumably use internal combustion engines that, I beleive, are now in the public domain. Unless they have some design improvement for those engines, I don't see any intellectual property there. If there is, then they should file for a patent. What possible IP would be involved in driving techniques?? As for a tagline, as a business they can trademark their name and any advertising slogans.


Wouldn't the fact that they produced an engine design that ran purely on water can be protected by patent since it's a breakthrough technology? Can the techniques that was research about making the drivers perform at their peak involving a certain kind of posture can be protected under trade secrets and confidential law?

OK, I missed your expansion of the assignment. I think AK and I were on the save wavelength here. A Go-Kart business conjures (I believe to most people) an amusement business. A track that rents time on go-karts in an park or amusement area. Such a business is unlikely to have an R&D division or to have any special driving techniques.

But assuming they do, then yes any new engine design would be patentable. Any taglines could be trademarked and/or copyrighted. The driving techniques could also be patented, if they really represented some new process.

Thank you :)

The design of the engine is certainly IP that can be protected by patent, and the tag line by trademark or service mark. As for the driving technique - the company could have their employeees and customers sign a non-disclosure agreement that prevents them from sharing the secret technique with competitors.

The design of the engine is certainly IP that can be protected by patent, and the tag line by trademark or service mark. As for the driving technique - the company could have their employeees and customers sign a non-disclosure agreement that prevents them from sharing the secret technique with competitors.

Hi ebaines, I would also like to ask if a minor compete in the Go kart race and in the event if he injured himself during the race can he seek damages from the organiser? Taking into account that the organiser requires all participant to signed an agreement form which clauses include, “to waive all rights to sue the company in any court of law for whatever reason”, “to hold the company free from any liability of any kind that might arise from the event even if the company is found to be grossly negligent or criminally liable” and also “to warrant that he/she is of age of majority such that there is no need for any parental consent and that should it be later found that he/she is a minor, he/she will waive any rights that a minor will have”.

Given that he also owes money to a Kart seller and made an agreement to pay up in a year, will the seller still be able to collect the amount due after the one year expiration?

Im wondering, wouldn't the agreement be null and void since he is a minor.. For the first situation with such clauses in the agreement, by signing it the minor waive his rights for any claim.. As for owing the seller with agreement made I'm not sure if he still have to honor it.. help.. thanks

You cannot waive your rights against negligence. So, such a waiver would not absolve the track operator of liability, IF it can be proven he was negligent. However, a minor cannot sign such a waiver, their guardian would have to do so.

Nor can a minor enter into a contract.

You cannot waive your rights against negligence. So, such a waiver would not absolve the track operator of liability, IF it can be proven he was negligent. However, a minor cannot sign such a waiver, their guardian would have to do so.

Nor can a minor enter into a contract.

So having said that does it mean that the contract is null and void assuming if he signed it.. Should I still apply the law of tort here for negligence on the side of the operator.. If so than the minor still can claim damages?

The waiver was included in the contract.. the three clauses that I've indicated earlier..