Question 1

Which of the following is not required to establish that the tort of breach of confidence has occurred?

Accepted Answer

A) The information is of a confidential nature. 
B) The obligation of confidence was made known and accepted when the information was transferred. 
C) There is a signed confidentiality agreement. 
D) There is an unauthorised use or threatened use of the information. 
A) The information is of a confidential nature. 
B) The obligation of confidence was made known and accepted when the information was transferred. 
C) There is a signed confidentiality agreement. 
D) There is an unauthorised use or threatened use of the information. C

Question 2

A design will not be registered under the Designs Act 2003 if it is:

Accepted Answer

A) new and distinctive. 
B) not within the public domain. 
C) disclosed publicly prior to being registered. 
D) innovative. 
A) new and distinctive. 
B) not within the public domain. 
C) disclosed publicly prior to being registered. 
D) innovative. C

Question 3

The Copyright Act 1968 (Cth) gives the copyright owner certain 'moral' rights.These do not include:

Accepted Answer

A) the right not to have authorship falsely attributed. 
B) the right of attribution of authorship. 
C) the right of integrity. 
D) the right of fair dealing. 
A) the right not to have authorship falsely attributed. 
B) the right of attribution of authorship. 
C) the right of integrity. 
D) the right of fair dealing. D

Question 4

Which of the following is not a registered design?

Accepted Answer

A) The electric jug 
B) 'Speedo' swimming togs 
C) The Dunlop tyre 
D) The McDonald's logo 
A) The electric jug 
B) 'Speedo' swimming togs 
C) The Dunlop tyre 
D) The McDonald's logo

Question 5

John has set up a business selling handcrafted rowboats.He wants to distinguish his products from those of his competitors and is thinking of registering his business logo as a trade mark.Which of the following is not a reason for him to do so?

Accepted Answer

A) To protect the goodwill associated with his products. 
B) To be an important and valuable business asset. 
C) To facilitate possible franchising in the future. 
D) To prevent others reproducing the business logo without his permission. 
A) To protect the goodwill associated with his products. 
B) To be an important and valuable business asset. 
C) To facilitate possible franchising in the future. 
D) To prevent others reproducing the business logo without his permission.

Question 6

For copyright protection to exist in respect of a work:

Accepted Answer

A) the creation must bear the copyright symbol. 
B) the creation must be substantially different from other works that are in the same class of works. 
C) the creation need not be expressed in material form. 
D) the creation must have been produced as a result of the creators own skill and effort. 
A) the creation must bear the copyright symbol. 
B) the creation must be substantially different from other works that are in the same class of works. 
C) the creation need not be expressed in material form. 
D) the creation must have been produced as a result of the creators own skill and effort.

Question 7

Which of the following is not a requirement that must be satisfied in order to establish an infringement of copyright?

Accepted Answer

A) A substantial part of the original creation has been copied. 
B) There is an objective similarity between the original and the copy. 
C) The copying was done deliberately. 
D) A causal connection exists between the original and the copy. 
A) A substantial part of the original creation has been copied. 
B) There is an objective similarity between the original and the copy. 
C) The copying was done deliberately. 
D) A causal connection exists between the original and the copy.

Question 8

Which of the following is not protected by copyright law?

Accepted Answer

A) A portrait of Kevin Rudd painted by an artist named Michael Angel. 
B) The script for a new film titled 'Who's your Daddy?' 
C) The brand name of a new sports drink. 
D) A dance routine created for a musical. 
A) A portrait of Kevin Rudd painted by an artist named Michael Angel. 
B) The script for a new film titled 'Who's your Daddy?' 
C) The brand name of a new sports drink. 
D) A dance routine created for a musical.

Question 9

Which of the following is not a requirement for copyright protection?

Accepted Answer

A) The creation is a protected 'work' or 'subject matter other than a work'. 
B) The creation is original. 
C) The creation is registered with IP Australia. 
D) The creation is expressed in a material form. 
A) The creation is a protected 'work' or 'subject matter other than a work'. 
B) The creation is original. 
C) The creation is registered with IP Australia. 
D) The creation is expressed in a material form.

Question 10

When another person exercises the exclusive rights of the copyright owner without permission, they are referred to as having:

Accepted Answer

A) breached copyright. 
B) infringed copyright. 
C) violated copyright. 
D) committed the tort of breach of confidence. 
A) breached copyright. 
B) infringed copyright. 
C) violated copyright. 
D) committed the tort of breach of confidence.

Question 11

Which of the following facts is not true of patents?

Accepted Answer

A) Only the owner of the technology can apply for a patent. 
B) If a new technology is created by an employee, the owner is the employer. 
C) A standard patent grants protection for 20 years. 
D) A patent does not give the owner the exclusive right to exploit the new technology. 
A) Only the owner of the technology can apply for a patent. 
B) If a new technology is created by an employee, the owner is the employer. 
C) A standard patent grants protection for 20 years. 
D) A patent does not give the owner the exclusive right to exploit the new technology.

Question 12

What is the maximum duration of trade mark protection?

Accepted Answer

A) 5 years 
B) 10 years 
C) 70 years 
D) Indefinite if renewed regularly 
A) 5 years 
B) 10 years 
C) 70 years 
D) Indefinite if renewed regularly

Question 13

Which of the following is not true of registration under the Designs Act 2003?

Accepted Answer

A) It protects the overall appearance of a product. 
B) It generally lasts 5 years. 
C) It gives rights to the owner of the design. 
D) Protection is lost once the design is applied commercially. 
A) It protects the overall appearance of a product. 
B) It generally lasts 5 years. 
C) It gives rights to the owner of the design. 
D) Protection is lost once the design is applied commercially.

Question 14

Cat in The Hat Pty Ltd owns the IP rights in 'widgets'.Which of the following is the best description of the restrictions it is permitted to impose in a license granted to Sam to produce widgets?

Accepted Answer

A) Where Sam can produce the widgets. 
B) The period in which the widgets can be produced by Sam. 
C) The number of units of widgets that Sam can produce. 
D) Where, when, how and what volume of widgets Sam may produce. 
A) Where Sam can produce the widgets. 
B) The period in which the widgets can be produced by Sam. 
C) The number of units of widgets that Sam can produce. 
D) Where, when, how and what volume of widgets Sam may produce.

Question 15

Upon lodging a provisional application for a patent, how long does the applicant have to lodge a complete application?

Accepted Answer

A) 6 months 
B) 9 months 
C) 12 months 
D) 24 months 
A) 6 months 
B) 9 months 
C) 12 months 
D) 24 months

Question 16

Which of the following is not protected by copyright law?

Accepted Answer

A) An idea for a new novel. 
B) A semi-finished manuscript for a play. 
C) The code for a yet-to-be released computer game. 
D) An architect's drawing of a proposed new house. 
A) An idea for a new novel. 
B) A semi-finished manuscript for a play. 
C) The code for a yet-to-be released computer game. 
D) An architect's drawing of a proposed new house.

Question 17

Prior public disclosure may prevent a new technology from being patented.Which of the following is not a 'public disclosure'?

Accepted Answer

A) An inventor writing an article about their invention published in a science journal. 
B) An inventor discussing their successfully completed invention with a fellow scientist. 
C) An inventor discussing the details of their invention with a patent attorney. 
D) An inventor giving an interview on television about the invention. 
A) An inventor writing an article about their invention published in a science journal. 
B) An inventor discussing their successfully completed invention with a fellow scientist. 
C) An inventor discussing the details of their invention with a patent attorney. 
D) An inventor giving an interview on television about the invention.

Question 18

Which of the following is not an exclusive right of the owner of copyright in an artistic work?

Accepted Answer

A) The right to reproduce the work in a material form. 
B) The right to publish the work. 
C) The right to communicate the work to the public. 
D) The right to make an adaptation of the work. 
A) The right to reproduce the work in a material form. 
B) The right to publish the work. 
C) The right to communicate the work to the public. 
D) The right to make an adaptation of the work.

Question 19

According to s 10 of the Copyright Act 1968 (Cth), 'material form' means:

Accepted Answer

A) any form (whether visible or not) of storage. 
B) any visible form of storage. 
C) any tangible form. 
D) any written form. 
A) any form (whether visible or not) of storage. 
B) any visible form of storage. 
C) any tangible form. 
D) any written form.

Question 20

For a creation to have copyright protection, it need not be:

Accepted Answer

A) a work or subject matter other than a work. 
B) original. 
C) expressed in material form. 
D) registered. 
A) a work or subject matter other than a work. 
B) original. 
C) expressed in material form. 
D) registered.

Which of the following is not required to establish that the tort of breach of confidence has occurred?

A design will not be registered under the Designs Act 2003 if it is:

The Copyright Act 1968 (Cth) gives the copyright owner certain 'moral' rights.These do not include:

Which of the following is not a registered design?

John has set up a business selling handcrafted rowboats.He wants to distinguish his products from those of his competitors and is thinking of registering his business logo as a trade mark.Which of the following is not a reason for him to do so?

For copyright protection to exist in respect of a work:

Which of the following is not a requirement that must be satisfied in order to establish an infringement of copyright?

Which of the following is not protected by copyright law?

Which of the following is not a requirement for copyright protection?

When another person exercises the exclusive rights of the copyright owner without permission, they are referred to as having:

Which of the following facts is not true of patents?

What is the maximum duration of trade mark protection?

Which of the following is not true of registration under the Designs Act 2003?

Cat in The Hat Pty Ltd owns the IP rights in 'widgets'.Which of the following is the best description of the restrictions it is permitted to impose in a license granted to Sam to produce widgets?

Upon lodging a provisional application for a patent, how long does the applicant have to lodge a complete application?

Which of the following is not protected by copyright law?

Prior public disclosure may prevent a new technology from being patented.Which of the following is not a 'public disclosure'?

Which of the following is not an exclusive right of the owner of copyright in an artistic work?

According to s 10 of the Copyright Act 1968 (Cth), 'material form' means:

For a creation to have copyright protection, it need not be:

Business and the Law

The Australian Legal System

Politicians and Judges

How to Find, Understand and Use the Law

Deliberately Causing Harm

Carelessly Causing Harm

Contract Law: Formation of the Contract

Contract Law: Terms of the Contract

Contract Law: Enforcement of the Contract

Contract Law: Working With Agents

Dealing With Consumers

Dealing With Competitors

Managing a Business: Start-Up

Managing a Business: Business Ownership

Managing a Business: Companies and Corporate Governance

Managing a Business: Making Payments and Recovering Debts

Managing a Business: Insurance and Taxes

Managing a Business: Employing Workers

Managing a Business: Closing Down

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Exam 13: Protecting Ip

Which of the following is not required to establish that the tort of breach of confidence has occurred?

A design will not be registered under the Designs Act 2003 if it is:

The Copyright Act 1968 (Cth) gives the copyright owner certain 'moral' rights.These do not include:

Which of the following is not a registered design?

John has set up a business selling handcrafted rowboats.He wants to distinguish his products from those of his competitors and is thinking of registering his business logo as a trade mark.Which of the following is not a reason for him to do so?

For copyright protection to exist in respect of a work:

Which of the following is not a requirement that must be satisfied in order to establish an infringement of copyright?

Which of the following is not protected by copyright law?

Which of the following is not a requirement for copyright protection?

When another person exercises the exclusive rights of the copyright owner without permission, they are referred to as having:

Which of the following facts is not true of patents?

What is the maximum duration of trade mark protection?

Which of the following is not true of registration under the Designs Act 2003?

Cat in The Hat Pty Ltd owns the IP rights in 'widgets'.Which of the following is the best description of the restrictions it is permitted to impose in a license granted to Sam to produce widgets?

Upon lodging a provisional application for a patent, how long does the applicant have to lodge a complete application?

Which of the following is not protected by copyright law?

Prior public disclosure may prevent a new technology from being patented.Which of the following is not a 'public disclosure'?

Which of the following is not an exclusive right of the owner of copyright in an artistic work?

According to s 10 of the Copyright Act 1968 (Cth), 'material form' means:

For a creation to have copyright protection, it need not be:

Business and the Law

The Australian Legal System

Politicians and Judges

How to Find, Understand and Use the Law

Deliberately Causing Harm

Carelessly Causing Harm

Contract Law: Formation of the Contract

Contract Law: Terms of the Contract

Contract Law: Enforcement of the Contract

Contract Law: Working With Agents

Dealing With Consumers

Dealing With Competitors

Managing a Business: Start-Up

Managing a Business: Business Ownership

Managing a Business: Companies and Corporate Governance

Managing a Business: Making Payments and Recovering Debts

Managing a Business: Insurance and Taxes

Managing a Business: Employing Workers

Managing a Business: Closing Down

Filters