Exam 20: Intellectual Property

When does the common law tort of passing-off occur?

An Anton Piller order gives the party to whom it is granted the right to go into the business or other premises of someone who may be guilty of copyright infringement even before a lawsuit is commenced.In such a situation,what value would such an order have?

Where a design is such as to give rise to both a trademark and an industrial design,is it wise to register it under the Industrial Design Act? Why or why not?

Explain the notion of fair dealing in copyright law.

A copyright assigned by A to B cannot be further assigned by B to C without the consent of A.

Today,are downloaders likely to be guilty of copyright infringement,and why?

Briefly describe the practice known as "grey marketing".

A is employed as a research technician in a large technology company.In his employment contract there is a confidentiality provision prohibiting A from disclosing confidential information relating to the company.If A goes ahead and discloses the company's confidential information,he will be guilty of

Explain why an inventor might prefer to protect an invention by way of trade secret rather than applying for a patent.