Question 1

A trade mark is used to indicate a connection between:

Accepted Answer

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

Question 2

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

Accepted Answer

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. 
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. C

Question 3

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

Accepted Answer

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. 
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. A

Question 4

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

Accepted Answer

A) True 
 B)False

Question 5

When will information NOT be considered confidential to an employer?

Accepted Answer

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. 
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 6

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

Accepted Answer

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

Question 7

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

Accepted Answer

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. 
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 8

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

Accepted Answer

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. 
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 9

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

Accepted Answer

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. 
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 10

Copyright can exist in both published and unpublished works.

Accepted Answer

A) True 
 B)False

Question 11

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

Accepted Answer

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. 
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 12

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

Accepted Answer

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. 
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 13

Where does copyright exist?

Accepted Answer

Copyright exists in original works.If th

Question 14

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

Accepted Answer

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. 
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.

Question 15

How long does a standard patent last after registration?

Accepted Answer

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. 
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 16

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:

Accepted Answer

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. 
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 17

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

Accepted Answer

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. 
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.

Question 18

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

Accepted Answer

A) True 
 B)False

Question 19

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

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

Question 20

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

Accepted Answer

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. 
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.

Exam 26: Intellectual Property

A trade mark is used to indicate a connection between:

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

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

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

When will information NOT be considered confidential to an employer?

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

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

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

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

Copyright can exist in both published and unpublished works.

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

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

Where does copyright exist?

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

How long does a standard patent last after registration?

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:

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

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

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

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

Legal Foundations

Legal Systems

How Law Is Made: Precedentstatute Law

Civil Liability: the Law of Torts and Negligence

Applications of Negligence to Business

Introduction to Contracts

Agreement Between the Parties

Intention to Create Legal Relations

Consideration

Capacity of the Parties

Genuine Consent

Is the Contract Legal

Terms of the Contract

Rights and Liabilities of the Parties,discharge and Remedies

Remedies in Contract

Statutory Consumer Guarantees and the Australian Consumer Law

General and Specific Consumer Protections Under the Acl

Introduction to Companies and Incorporated Associations

Agency

Partnerships

Choosing a Business Entity

Other Business-Related Torts

Insurance

Sale of Goodsbusiness to Business

Property and Mortgages

Ethics and Business Practice

Criminal Law in a Business Context

Competition Law

Insolvency and Debt Recovery

The Work Environment and the Employment Relationship

Filters