Deck 26: Intellectual Property

Question 1

A court orders a plaintiff's representatives to enter a premises and seize material that infringes the plaintiff's copyright.This is known as:

A)specific performance.
B)an injunction.
C)an Anton Pillar Order.
D)an account of profits.

Answer 1

C

Question 2

If a carpenter designs and makes a desk out of timber,the desk becomes a piece of intellectual property.

Answer 2

False

Question 3

Which of the following is NOT one of the exclusive rights of the registered owner of a design?

A)To make a product which embodies the registered design.
B)To manufacture a spare part to repair existing machinery.
C)To assign any of the above rights to another person.
D)To sell,hire or otherwise dispose of a product that embodies the registered design.

Answer 3

B

Question 4

Which of the following statement about design is NOT correct?

A)Designs are used for an industrial purpose.
B)A design must have a visual feature that serves a functional purpose.
C)A 'product' is a thing that is manufactured or hand made.
D)'Design' refers to the overall appearance of a product.

Question 5

Once a work is 'made' the creator must register their copyright in order to protect their rights.

Question 6

Anita designs magazine covers for her employer: 'Live Magazine'.The magazine is printed by Fairview press.Who owns the copyright in the magazine cover?

A)Fairview Press.
B)Live Magazine.
C)Anita.
D)All of the above.

Question 7

Which of the following is NOT included as one of the 'moral rights' which can be asserted by an author under the Copyright Amendment (Moral Rights)Act 2000 (Cth)?

A)The right of the author to be identified with their work.
B)The right of the author to protect their work from unauthorised copying.
C)The right of the author to protect their work from derogatory treatment.
D)The right of an author to prevent others from claiming authorship.

Question 8

Which of the following situations will constitute an infringement of copyright?

A)The recording of a television broadcast for educational purposes.
B)Copying by a library for research and study by library users.
C)A public reading of the whole of a published literary work.
D)A photograph of a public sculpture.

Question 9

Which of the following would be characterised as an intellectual property right?

A)The right to copy a book.
B)The right to sell a book.
C)The right to buy a book.
D)The right to read a book.

Question 10

Why does copyright law protect only the expression of an idea,but not the idea itself?

Question 11

Where does copyright exist?

Question 12

Which of the following could be registered as a design?

A)A CD cover.
B)A chair.
C)A book.
D)A painting.

Question 13

In the context of copyright law,the term: 'original' means that:

A)the work is the result of the author's own efforts.
B)the work is the expression of a unique idea.
C)the work has literary or artistic merit.
D)the work has not been reproduced.

Question 14

Why do some types of intellectual property require registration while others do not?

Question 15

Protection under the Copyright Act 1968 (Cth)does not extend to include computer programs.

Question 16

Copyright in a literary work published during the author's lifetime lasts:

A)for 70 years from the year of the author's death.
B)for 70 years.
C)for 70 years from the year of publication.
D)indefinitely.

Question 17

Copyright law gives the copyright holder the right to stop another person from:

A)reproducing the work in a material form.
B)adapting the work into another form.
C)performing the protected work in public.
D)all of the above.

Question 18

What constitutes fair dealing?

Question 19

Which of the following is NOT one of the requirements for a design to be registered under the Designs Act 2003 (Cth)?

A)The design must satisfy a detailed examination by the registering authority.
B)The design must be new and distinctive.
C)The application must comply with the statutory formalities.
D)The applicant must be the owner of the design.

Question 20

Copyright can exist in both published and unpublished works.

Question 21

In the context of patent registration,what does the term 'useful' mean?

A)The invention is capable of being used in a practical way.
B)The invention is mechanical rather than biological.
C)The invention is not known publicly.
D)The invention involves an inventive step.

Question 22

What was the reason for the decision in Francesco Cinzano and Cia (Aust)Pty Ltd v Ruggiero (No.2)(1980)25 SASR 341?

A)Simply using the brand name or trade mark of another business is not sufficient to establish the tort of passing off.
B)There was no reasonable possibility of the public being deceived by the use of the plaintiff's name.
C)The difference in the nature of the two businesses was substantial.
D)All of the above.

Question 23

Which of the following is the best definition of a 'collective' trade mark?

A)A trade mark registered in respect of a type of goods and services not sold by the registered proprietor in order to defend a well-established trademark.
B)A trade mark used to indicate a special quality rather than a connection between a person and particular goods or services.
C)A sign used to distinguish the goods or services of members of an association from those of non-members.
D)A sign indicating the overall appearance,resulting from the visual features of an object of manufacture.

Question 24

The artistic nature of some designs enables them to be protected under both the Designs Act and the Copyright Act.

Question 25

Which of the following statements about 'passing off' is NOT correct?

A)Passing off will not be available if a trade mark is registered.
B)The tort of passing off is designed to protect the reputation or goodwill of a business.
C)Passing off will not be available if the business has not acquired a relevant reputation or goodwill.
D)Passing off arises when a person attempts to 'pass off' or pretend that their goods are those of another person.

Question 26

How long does a standard patent last after registration?

A)For 8 years.
B)For 20 years.
C)For the life of the inventor plus 70 years.
D)For the life of the inventor.

Question 27

The remedy for infringement of a trade mark is an injunction and either damages or an account of profits.

Question 28

If Ace Ltd represents its goods and services as those of Lace Ltd in a way likely to injure Lace Ltd's reputation or goodwill,Ace Ltd:

A)has infringed Lace Ltd's copyright.
B)has committed the tort of passing off.
C)has committed the tort of negligence.
D)has infringed Lace Ltd's trade mark.

Question 29

An infringement under the Designs Act will occur if a person,without authority:

A)destroys a design.
B)includes the article in a television program.
C)applies the design to any article in respect of which the design applies.
D)all of the above.

Question 30

Which of the following is the best definition of a 'certification' trade mark?

A)A trade mark registered in respect of a type of goods and services not sold by the registered proprietor in order to defend a well-established trademark.
B)A trade mark used to indicate a special quality rather than a connection between a person and particular goods or services.
C)A sign used to distinguish the goods or services of members of an association from those of non-members.
D)A sign indicating the overall appearance,resulting from the visual features of an object of manufacture.

Question 31

Unless a trade mark is registered,the owner has no protection.

Question 32

Which of the following is the best definition of a 'patent'?

A)The overall appearance,resulting from the visual features of an object of manufacture.
B)A sign used to distinguish goods or services provided in the course of a trade from those of another.
C)A manner of manufacture that is useful,novel and involves an inventive step that hasn't been used before in Australia.
D)Artistic works given an industrial application.

Question 33

A trade mark is used to indicate a connection between:

A)a product and a particular location.
B)manufacturers and retailers.
C)a manufacturer and a particular location.
D)a business and their product.

Question 34

In order to be enforced,an innovation patent must first be examined and certified by the Australian Patent Office.

Question 35

Which of the following can NOT be protected as a trade mark?

A)A colour.
B)A scent.
C)A shape.
D)None of the above.

Question 36

A standard patent provides a quick & cheap means of protection for lower level inventions that have a short commercial life.

Question 37

The owner of a trade mark can protect their rights by:

A)taking action for breach of the Australian Consumer Law.
B)registering it under the Trade Marks Act 1995 (Cth).
C)taking action for the tort of 'passing off'.
D)all of the above.

Question 38

International cooperation on the registration of patents is achieved by:

A)the International Convention for the Protection of Industrial Property.
B)the Patent Cooperation Treaty.
C)bilateral treaties between states.
D)all of the above.

Question 39

Once a design is registered,protection lasts for 70 years from the date of filing the application.

Question 40

Which of the following is the best definition of a 'defensive' trade mark?

A)A trade mark registered in respect of a type of goods and services not sold by the registered proprietor in order to defend a well-established trademark.
B)A trade mark used to indicate a special quality rather than a connection between a person and particular goods or services.
C)A sign used to distinguish the goods or services of members of an association from those of non-members.
D)A sign indicating the overall appearance,resulting from the visual features of an object of manufacture.

Question 41

The duty of confidentiality extends to third parties where disclosure is not authorised by the original source of the information.

Question 42

When confidential information is made public,the usual remedy will be:

A)damages or an account of profits.
B)an order for delivery or destruction of the subject material.
C)an injunction.
D)any of the above.

Question 43

Which of the following is the best definition of 'confidential information'?

A)Information having a commercial value such as commercial,industrial or scientific information that is confidential to a particular business.
B)Information having a commercial value such as trade secrets.
C)Information having no commercial value,such as personal secrets and public or government secrets,the disclosure of which could cause distress.
D)All of the above.

Question 44

Contrast an infringement of a registered trademark with an action in passing off.

Question 45

In Australian law,the only way to protect an idea is to put it into material form.

Question 46

When will information NOT be considered confidential to an employer?

A)The information related to the special methods and operations of the employer.
B)The information was important to the employer's business but not required by the employee for their particular job.
C)The information was unique and costly for the employer to obtain.
D)The information related to the employee's skill and nature of the employment.

Question 47

The case of Fraser v Thames Television Ltd [1983] 2 All ER 101 is authority for the principle that:

A)an idea that is communicated verbally cannot be protected.
B)ideas cannot amount to confidential information unless they are clearly identifiable and reduced into material form.
C)ideas cannot amount to confidential information unless the content of the idea is clearly identifiable,original and capable of becoming a reality.
D)ideas cannot amount to confidential information.