Reference no: EM131044249

Purpose:

This is a significant task that requires forward planning and adequate time for research, reading and reflecting. You should begin researching early to gather information and establish a plan as soon as possible.

The purposes of the assignment are to enable you to:

• develop your independent research skills;
• enhance your understanding of law as a dynamic process;
• learn how to independently research a particular aspect of the law;
• reflect on and consider particular legal issues;
• demonstrate understanding of the legal environment, including relevant laws;
• develop your knowledge about the subject area of your research;
• demonstrate the ability to investigate, synthesise and analyse;
• develop critical thinking ability;
• communicate the findings in a formal price of work and meet a deadline;
• enhance your analytical and written communication skills; and
• apply your legal skills.

On the cover sheet, please state your name, student numbers the paper name and assignment number, and a signed honesty statement identifying that you are aware of the Top Education Institute policies on plagiarism, and that this submission is entirely your own work free of plagiarism and collaboration.

The length of the assignment must not be more than 2,500 words. Do not include the references or bibliography in the word count. This assignment is worth of 40 marks. Due date for submission is Week 8. Penalties will apply for late submission.
The assignment must be submitted electronically into Turnitin via Moodle and also in hard copy form.

PROBLEM:

In 2011 A and B, two academic research scientists, formed a company, AB Ltd., to carry out research and development in areas of genetic engineering. At that time, this area of bioscience was in its infancy. Over the following years the company trained and bought in scientific experts, and became recognised as one of the world's leading research groups in particular areas of genetic engineering. In 2013, it launched a major, and widely publicised, research programme to develop a gene therapy for Parkinson's disease. The project was estimated to take up to five years. For the past three years, a great deal of routine, but nevertheless time-consuming, research had been completed and relevant knowledge had been built up; the research group was confident that it would achieve its objectives within the five year timeframe.

Three months ago, an American Company, CD Inc. decided to set up a research organisation in Australia. It made an attractive offer to B, who left AB Ltd. to head its newly established research programme to provide gene therapy for Parkinson's disease. B was also authorised to make offers to the best scientists among his former research colleagues working on that project, and he persuaded five key personnel to join him.

As a result of the loss of key staff, AB Ltd. believes that it will not be able to complete the research programme for another three years. However, CD Inc. is confident that its new research team will achieve its objective in two years.

You are consulted by CD Inc., B and his five colleagues, as to their position and any steps they should take to ensure that they do not infringe any of the rights of AB Ltd.

Use the IRAC /MIRAT legal problem solving model to assist you with the process of legal problem solving.

Identify the key search terms and legal databases which you have used in answering this problem.