Question 1

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

Accepted Answer

A) True 
 B)False

Question 2

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

Accepted Answer

A) True 
 B)False

Question 3

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

Accepted Answer

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. 
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 4

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

Accepted Answer

Copyright law is designed to protect the

Question 5

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

Accepted Answer

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. 
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 6

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

Accepted Answer

A) True 
 B)False

Question 7

Which of the following is the best definition of a 'defensive' 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 8

Which of the following is the best definition of a 'collective' 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 9

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

Accepted Answer

An infringement of a registered trademar

Question 10

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

Accepted Answer

A) True 
 B)False

Question 11

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

Accepted Answer

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. 
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 12

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

Accepted Answer

A) True 
 B)False

Question 13

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

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. 
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 14

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

Accepted Answer

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. 
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 15

Which of the following statement about design is NOT correct?

Accepted Answer

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. 
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 16

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

Accepted Answer

A) True 
 B)False

Question 17

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

Accepted Answer

Intellectual property (IP) laws are desi

Question 18

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

Accepted Answer

A) True 
 B)False

Question 19

International cooperation on the registration of patents is achieved by:

Accepted Answer

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. 
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 20

What constitutes fair dealing?

Accepted Answer

Where the literary,dramatic,musical or a

Exam 26: Intellectual Property

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

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

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

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

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

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

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

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

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

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

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

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

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)?

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

Which of the following statement about design is NOT correct?

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

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

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

International cooperation on the registration of patents is achieved by:

What constitutes fair dealing?

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

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Choosing a Business Entity

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Sale of Goodsbusiness to Business

Property and Mortgages

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Criminal Law in a Business Context

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