Deck 13: Protecting Ip

Question 1

The existence of copyright in a work gives the copyright owner a number of exclusive rights in respect of the work.A new right was inserted into the Act in 2001.Which of the following cannot be said to describe the nature or effect of this new right?

A)It is a response to recent technological innovations.
B)It is a right to 'communicate the work to the public'.
C)It includes a right for a person other than the copyright owner to reproduce the work for the purpose of criticism or review on the internet.
D)It relates to the publication of the work online.

Answer 1

C

Question 2

Which of the following types of IP protection will not apply to the corresponding features of a can of soft drink?

A)Trade mark law for the name of the product.
B)Copyright law for the writing on the packaging.
C)The tort of breach of confidence for the recipe.
D)Patent protection for the design of the packaging.

Answer 2

D

Question 3

Jaggy Pop, a rock star, leaps out of bed one morning and writes a song so catchy that he knows it will be a hit.His song, 'Sleep Inspiration', does hit the charts and remains at the Top 10 spot for 18 weeks.Marina Ross sues him claiming that the song infringes copyright in her song 'Sweet Inspiration'.She is correct that the two songs could easily be confused.Pop's neighbour Barney gives evidence that he was playing 'Sweet Inspiration' repeatedly from his apartment the night before Pop penned the song.Pop did not intend to copy 'Sweet Inspiration'.Did Pop nevertheless infringe Ross' copyright?

A)Yes, because Pop's lack of intent is irrelevant.
B)Yes, because the lack of causal connection is irrelevant.
C)No, because Pop did not intend to infringe copyright
D)No, because there is no causal connection between the alleged copy and the original work.

Answer 3

A

Question 4

How can the economic justification for protecting IP rights be best explained?

A)IP protection is essential for the maintenance of the right of the creator to earn an income.
B)IP rights provide a financial incentive to motivate people to be innovative for the wider economic benefit of the community.
C)IP protection advances society economically by allowing the benefits of new creations and technologies to be disseminated freely and widely.
D)IP protection provides an economic benefit to creators by allowing intangible products to produce wealth.

Question 5

Which of the following is least likely to attract copyright protection?

A)A list of winning bingo numbers.
B)An individual segment of a TV broadcast.
C)The facts set out in birth and death notices.
D)A telephone directory.

Question 6

Which of the following is not a category of intellectual property law?

A)copyright law.
B)trademark law.
C)patent law.
D)contract law.

Question 7

Two types of justification for protecting IP rights are commonly advanced.Which of the following statements is not true?

A)The recognition of the moral rights of the owner of IP is the historical foundation of IP law in Australia.
B)Economic justifications have typically been the preferred rationale for IP laws in common law legal systems.
C)Moral justifications form the basis of IP laws in civil law systems.
D)The moral basis of IP laws has been increasingly recognised in Australia.

Question 8

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

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

Question 9

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?

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 10

When is a creation 'original' such that it will attract copyright protection?

A)When it is unique, special or innovative.
B)When it is substantially different from the majority of existing works.
C)When it is the product of a considerable degree of creativity.
D)When it is the product of the creator's own skill and effort.

Question 11

What is copyright?

A)The legal right to prevent unauthorised copying of the expression of an idea.
B)A distinctive word phrase or symbol used in commercial dealings to show a connection between a business and its product.
C)A symbol used to prevent unauthorised copying of IP.
D)A form of real property.

Question 12

Which of the following is least likely to be in the public domain and therefore still subject to copyright protection?

A)The Bible
B)Bram Stoker's book Dracula (1897)
C)George Lucas' film Star Wars (1977)
D)Leonardo da Vinci's painting Mona Lisa

Question 13

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

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

Question 14

Copyright protection extends to creations 'other than works'.This phrase does not include:

A)paintings.
B)digital music.
C)movies.
D)television programs.

Question 15

For copyright protection to exist in respect of a work:

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 16

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

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.

Question 17

What happens when intellectual property rights expire?

A)The intellectual property is said to enter 'the public domain' and become freely available.
B)The intellectual property rights are transferred to the state.
C)The intellectual property enters the public domain but cannot be copied or reproduced without the express approval of the previous owner of the IP rights.
D)The intellectual property becomes the private property of the owner and cannot be reproduced by anyone.

Question 18

How long does copyright in an artistic work last?

A)70 years after the year of the artist's death.
B)10 years after the year of registration.
C)Forever.
D)20 years after the work is created.

Question 19

Does an author have to register their copyright to obtain copyright protection?

A)No, protection is automatic.
B)Yes, unless the work bears the copyright symbol.
C)No, provided the work bears the copyright symbol.
D)Yes, if the creation is a 'subject matter other than a work'.

Question 20

Intellectual property is commonly described as:

A)invisible.
B)intangible.
C)unreal.
D)imaginary.

Question 21

In establishing the existence of copyright in a work, the requirement of 'originality' does not always apply to:

A)films.
B)photographs.
C)musical works.
D)poems.

Question 22

Which of the following is not protected by copyright?

A)An email
B)A digital photograph
C)A business name
D)A song without lyrics

Question 23

Which of the following will not be protected by copyright law as an 'artistic work'?

A)An architect's plan for a house, designed to be appealing to his clients.
B)An abstract drawing in the margins of a note pad.
C)A formal painting of the Prime Minister.
D)Cuisenaire rods (blocks used at school to teach mathematics to children).

Question 24

A & M Records Inc v Napster Inc 239 F 3d 1004 (9^th Cir, 2001) is authority for the proposition that:

A)'peer to peer' sharing of copyrighted MP3 music files is not an infringement of copyright.
B)hosting a website that facilitates infringement of copyright is not a direct infringement of copyright.
C)facilitation of copyright infringement is in itself an infringement of copyright.
D)'peer to peer' sharing of copyrighted MP3 music files is a criminal offence.

Question 25

There are a range of penalties that can be imposed under the Copyright Act 1968 (Cth) the event of copyright infringement.Which of the following is not one of them?

A)A community service order.
B)A fine or imprisonment.
C)Punitive damages.
D)Compensatory damages.

Question 26

The purpose of a trade mark is:

A)the same as the purpose of a business name in that both are a means of preventing others from reproducing a name.
B)different from purpose of a business name: a business name, unlike a trademark, is designed to enable those dealing with a business to identify the people behind it.
C)the same as the purpose of a business name because registration of the business name, like a trademark, automatically prevents others from using the name to market products.
D)different from the purpose of a business name: a trade mark, unlike a business name, is not intended to prevent others from using the name.

Question 27

In the event of infringement, the owner of copyright has a range of remedies, some of which are set out in the Copyright Act 1968 (Cth) and others that exist at common law.One is an order forbidding someone from engaging in act that will be in a breach of copyright.This is called:

A)an injunction.
B)an Anton Piller Order.
C)an order for damages.
D)an account of profits.

Question 28

Kenny wants to sell ginger beer made using his grandmother's secret recipe.Which of the following trademarks is most likely to be accepted for registration?

A)Coca-Cola of Ginger Beer
B)Australia's Home-made Ginger Beer
C)Home-made Ginger Beer
D)Granny Ken's Ginger Beer

Question 29

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

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

Question 30

Which of the following agencies are not involved in the licensing of copyright?

A)Copyright Agency Ltd (CAL).
B)Australasian Performing Rights Association (APRA).
C)Copyright Protection, Review and Execution Board (CPREB).
D)Phonographic Performance Company of Australia (PPCA).

Question 31

Which of the phrases below best defines a trade mark?

A)A type of registered artistic work.
B)Any distinctive word phrase or symbol that is the subject of the tort of passing off.
C)A type of artistic work that has copyright protection.
D)A distinctive word, phrase or symbol that links a business to its product.

Question 32

Which of the following is not an exclusive right of the owner of copyright in an artistic 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 33

If a trade mark is registered in Australia, in which other countries will the trade mark be automatically registered?

A)All British Commonwealth countries.
B)None.International trademark registration is not automatic.
C)All signatories to the Madrid Protocol.
D)All signatories to the Berne Convention.

Question 34

The defence of 'fair dealing' is not available if the person who is accused of infringing copyright has used the copyright material for purpose of:

A)criticism or satire.
B)judicial proceeding.
C)research or study.
D)profit.

Question 35

Yoko writes a song that is performed by John and produced by Paul.Copyright in the sound recording is owned by:

A)Yoko.
B)John.
C)Paul.
D)Yoko, John and Paul jointly.

Question 36

The case of Snow v Eaton Centre Ltd (1982) 70 CPR (2d) 105 concerned which moral right?

A)The right of attribution of authorship.
B)The right not to have authorship falsely attributed.
C)The right to waiver.
D)The right of integrity.

Question 37

A word can be registered as a trade mark even if it is:

A)not distinctive.
B)a profanity.
C)not able to be represented graphically.
D)a made-up word.

Question 38

Which of the following is not a step in the process of registering a trademark?

A)Advertisement by IP Australia of the application in the Official Journal of Trade Marks.
B)Registration of the trademark on the Australian Business Names Register.
C)Issuing of a certificate of registration.
D)Lodgement of an application.

Question 39

Which of the following cannot be registered as a trade mark?

A)'CR7'.
B)'Bus Shelter Books'.
C)'Whip-diddle'.
D)'New South Wales'.

Question 40

Downloading music from the Internet without the permission of the copyright owner:

A)is a direct infringement of copyright.
B)is an indirect infringement of copyright.
C)is not an infringement of copyright.
D)is no longer an infringement of copyright.

Question 41

Before a patent will be registered a number of criteria must be satisfied.Which of the following is not one of them?

A)It must be a 'work'.
B)It must be useful.
C)It must involve a manner of manufacture.
D)It must involve an inventive or innovative step.

Question 42

Australia is a signatory to the Berne Convention.This means that:

A)a work protected by copyright in Australia will automatically be given similar protection in countries that are also signatories to the convention.
B)a work protected by copyright in Australia will be entitled to be registered for copyright protection in countries that are also signatories to the convention.
C)a work not protected by copyright in Australia will be given protection in countries that are also signatories to the convention.
D)a work not protected by copyright in Australia will not be given protection in countries that are not signatories to the convention.

Question 43

Which of the following is not true of an innovation patent?

A)It grants protection for 8 years.
B)It covers or protects minor advances on existing technologies
C)It must satisfy a higher threshold of inventiveness than the standard patent.
D)It is quicker and easier to obtain than a standard patent.

Question 44

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

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 45

Which of the following is something a person should not do before seeking to register a design under the Designs Act 2003?

A)Search the designs database at IP Australia.
B)Think about whether to file an application to have the design registered or to have it published.
C)Keep the design out of the public domain.
D)Test the appeal of the design on members of the public.

Question 46

Which of the following is a type of patent recognised under Australian law?

A)An implied patent
B)An innovation patent
C)A certification patent
D)A virtual patent

Question 47

Which of the following is not a defence to a trademark infringement action?

A)The trade mark was used with the consent of the registered owner.
B)The trade mark is the name of the defendant or his business.
C)The trade mark was used by the defendant in comparative advertising.
D)The trade mark was used in a manner that was a fair dealing for the purpose of competition.

Question 48

What is the maximum duration of trade mark protection?

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

Question 49

To be registered, a patent must be novel when compared to:

A)the 'prior art base'.
B)the societal 'font of knowledge'.
C)other creative works.
D)existing trademarks.

Question 50

What is a 'patent'?

A)A legal protection for the creator of new technology.
B)A legal protection for symbols connected with business.
C)A legal protection for creative works.
D)The antonym of 'latent' (i.e.something that is readily apparent and need not be proven).

Question 51

Which of the following is an exclusive right of the trade mark owner?

A)Excluding others from using that particular trade mark in relation to the sale of the same or similar products.
B)Excluding others from using that particular trade mark in relation to the sale of any kinds of products.
C)Excluding others from using that particular trade mark in relation to the sale of most products except those that are objectively dissimilar.
D)Excluding others from using that particular trade mark in relation to the sale of different products.

Question 52

The Designs Act 2003 (Cth) protects:

A)the overall appearance of a product.
B)two-dimensional artistic works.
C)the working processes behind a product.
D)shapes or symbols with commercial significance.

Question 53

Which of the following is not true of a standard patent?

A)It is the most common form of patent.
B)It lasts 20 years from the priority date.
C)It must be registered and does not grant automatic protection.
D)It is available for new technologies that are not necessarily inventive.

Question 54

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

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 55

Which of the following facts is not true of patents?

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 56

Which of the following is not a registered design?

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

Question 57

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

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

Question 58

Patents are not granted in respect of:

A)drugs and medicines.
B)processes.
C)naturally occurring organisms.
D)new ways of using existing products.

Question 59

Which of the following is not a means of protecting an unregistered trademark?

A)The tort of passing off
B)Section 18 of the ACL
C)The tort of negligent misstatement
D)An action for misleading or deceptive conduct

Question 60

In addition to the usual trademarks, IP Australia can issue a number of other special trademarks.Which of the following is not one of these?

A)A certification trademark - a trademark that the product has a special quality or endorsement.
B)A collective trademark - a trademark used by an association.
C)A defensive trademark - the trademark of a business that has used the trademark in one class and wants to prevent a risk of it being used in another.
D)An indistinct trademark - the trademark of a business with broad and widely defined scope of operation.

Question 61

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

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 62

The term of an innovation patent is:

A)25 years.
B)8 years.
C)20 years.
D)Indefinite.

Question 63

Which of the following cannot be registered as a trade mark?

A)A colour
B)A scent
C)A sound
D)A texture

Question 64

The tort of breach of confidence does not protect:

A)trade secrets.
B)confidential government information.
C)personal information.
D)information that is already widely known.

Question 65

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

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 66

A restraint of trade clause is a clause that can be found in:

A)an employment contract.
B)an international treaty.
C)a mobile phone contract.
D)a contract for the sale of goods.

Question 67

Which of the following is not a category of IP law?

A)Copyright law
B)Trade mark law
C)Art law
D)Design law

Question 68

In which of the following examples does the creator own the copyright in the creation?

A)A portrait painted by an artist commissioned by a famous politician.
B)A song for a musical written by an independent contractor.
C)Teaching materials developed by a high school teacher.
D)A marketing proposal written by a manager in a large supermarket chain.

Question 69

Which of the following is not protected by copyright law?

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 70

Which of the following can be registered as a trade mark?

A)A logo integrating the emblem of the State of Victoria.
B)A logo integrating the Nazi swastika.
C)A business name incorporating an offensive word.
D)A completely made up word such as 'dhaft-gaboolly'.

Question 71

Johnny has trade marked the name 'wow yum' in relation to the sale of fast food (categories 29, 30 and 43).In which of the following scenarios will Johnny be able to prevent the name 'wow yum' from being used?

A)A takeaway starts selling wow yum burgers.
B)A pencil manufacturer releases a new product called the wow yum.
C)A tee-shirt shop sells tee-shirts with the words 'wow yum' on them.
D)A new airline called 'Wowyum Air' is launched.

Question 72

Which of the following is not protected by copyright law?

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 73

A confidentiality agreement is an agreement in which a person:

A)undertakes to keep certain information confidential.
B)undertakes to respect the other party's privacy.
C)enters into an employment contract.
D)permits the other party to disclose damaging information.

Question 74

Which of the following is not a possible remedy for a design infringement?

A)Damages
B)Account of profits
C)Injunction
D)Specific performance

Question 75

Which of the following entities cannot be the owner of a trade mark?

A)An individual
B)A company
C)An incorporated association
D)A business name

Question 76

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?

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 77

Which of the following is the first step that must be taken when registering a trade mark?

A)Lodging a request for the assessment of the likelihood of the application being successful.
B)Having the application examined by IP Australia.
C)Having the application advertised in the Official Journal of Trade Marks.
D)Searching the trade marks database to see if the same or a similar trade mark has already been registered.

Question 78

Which of the following is an infringement of copyright?

A)Photocopying a journal article for research purposes.
B)Copying a passage from a novel into a personal diary.
C)Performing a scene from a film at a party.
D)Printing out a page from a commercial website.

Question 79

A cause of action in the tort of breach of confidence will arise when one person:

A)uses patented information without the consent of the registered owner.
B)uses information disclosed confidentially without permission.
C)breaches a restraint of trade clause in an employment contract.
D)infringes copyright.

Question 80

Which of the following is not a moral right under the Copyright Act?

A)The right of integrity.
B)The right of permanence.
C)The right of attribution of authorship.
D)The right not to have authorship falsely attributed.