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:

Accepted Answer

An Anton Pillar Order is a court order that allows the plaintiff's representatives to enter the premises of the infringing party and seize material that infringes the plaintiff's copyright. It is usually granted when there is a risk that the infringing material may be destroyed or hidden if the defendant is given notice of the order in advance. Specific performance is a court order to require a party to fulfill their contractual obligations, an injunction is a court order to stop a party from doing something, and an account of profits is a remedy that requires the infringing party to pay the amount of profits they have made from the infringing activity to the plaintiff.

Question 2

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

Accepted Answer

A desk made out of timber would not be considered intellectual property as it is a physical object and not an intangible creation such as a song, book, or invention. However, the design of the desk may be protected by copyright or design patents if it meets certain criteria.

Question 3

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

Accepted Answer

The registered owner of a design has the exclusive right to make a product which embodies the registered design, to assign any of the above rights to another person, and to sell, hire, or otherwise dispose of a product that embodies the registered design. However, the owner does not have the exclusive right to manufacture a spare part to repair existing machinery. This falls under the doctrine of repair and reconstruction, which allows for third parties to manufacture and sell spare parts for repairing products that embody the registered design.

Question 4

Which of the following statement about design is NOT correct?

Accepted Answer

A design does not necessarily need to have a visual feature that serves a functional purpose; it can also be purely aesthetic or contribute to the product's overall appearance without serving a functional purpose.

Question 5

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

Accepted Answer

While registering a copyright does provide additional legal protections and benefits, including the ability to file lawsuits for infringement, copyright protection begins as soon as a work is created and fixed in a tangible form.

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?

Accepted Answer

The employer, Live Magazine, likely owns the copyright in the magazine cover, as Anita designed it as a work for hire. Fairview Press may have some printing rights, but they do not necessarily own the creative content of the cover. Anita would only own the copyright if she had negotiated a specific agreement that transferred the copyright to her. D is not a correct answer as Anita would not own the copyright if Live Magazine is the rightful owner.

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)?

Accepted Answer

The right of the author to protect their work from unauthorised copying is not one of the moral rights included under the Copyright Amendment (Moral Rights) Act 2000 (Cth). The moral rights include the right of the author to be identified with their work, the right of the author to protect their work from derogatory treatment, and the right of an author to prevent others from claiming authorship.

Question 8

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

Accepted Answer

A public reading of the whole of a published literary work without permission from the copyright holder is considered an infringement of copyright.

Answer: None of the above
 A) Recording of a television broadcast for educational purposes can be covered under fair use or educational exceptions in some countries. B) Copying by a library for research and study by library users can also be covered under fair use or library exceptions. D) Taking a photograph of a public sculpture does not constitute an infringement of copyright as public sculptures are usually not protected by copyright.

Question 9

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

Accepted Answer

The right to copy a book is a form of intellectual property right, specifically copyright. This gives the creator or owner of the book the exclusive right to make copies and distribute them. The other options listed (selling, buying, and reading) are not intellectual property rights, but rather actions that can be taken with a book.

Question 10

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

Accepted Answer

The answer of Why does copyright law protect only the...

Question 11

Where does copyright exist?

Accepted Answer

The answer of Where does copyright exist?...

Question 12

Which of the following could be registered as a design?

Accepted Answer

A chair can be registered as a design because it has a visual appearance that is unique and non-functional. The other options (CD cover, book, painting) may have visually appealing designs, but they do not fit the criteria for design registration because they are functional or not three-dimensional objects.

Question 13

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

Accepted Answer

The term "original" in the context of copyright law means that the work is the result of the author's own efforts. It does not necessarily mean the work is unique, has literary or artistic merit, or has not been reproduced. It simply means that the work is original to the author who created it.

Question 14

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

Accepted Answer

The answer of Why do some types of intellectual property...

Question 15

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

Accepted Answer

Protection under the Copyright Act 1968 (Cth) does in fact extend to include computer programs.

Question 16

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

Accepted Answer

Copyright in a literary work published during the author's lifetime lasts for 70 years from the year of the author's death, ensuring the author's estate can benefit from the work for a significant period after the author's death.

Question 17

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

Accepted Answer

Copyright law gives the holder the exclusive right to reproduce the work, adapt the work into another form, and perform the protected work in public. Therefore, all options (A, B, and C) are correct.

Question 18

What constitutes fair dealing?

Accepted Answer

The answer of 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)?

Accepted Answer

The Designs Act 2003 (Cth) does not require that the design must satisfy a detailed examination by the registering authority. However, the other requirements include the design being new and distinctive, the application complying with statutory formalities, and the applicant being the owner of the design.

Question 20

Copyright can exist in both published and unpublished works.

Accepted Answer

Copyright can exist in works that have been published as well as those that have not been published.

Quiz 26: Intellectual Property