Question 1

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.E) A) and B)
F) B) and D)

Question 2

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:

Accepted Answer

A)  An injunction.
B)  An Anton Piller Order.
C)  An order for damages.
D)  An account of profits.E) A) and B)
F) A) and C)

Question 3

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

Accepted Answer

A)  'CR7'.
B)  'Bus Shelter Books'.
C)  'Whip-diddle'.
D)  'New South Wales'.E) None of the above
F) A) and C)

Question 4

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

Accepted Answer

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.E) None of the above
F) All of the above

Question 5

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

Accepted Answer

A)  An individual.
B)  A company.
C)  An incorporated association.
D)  A business name.E) B) and C)
F) None of the above

Question 6

Which of the following can be patented?

Accepted Answer

A)  A mathematical formula.
B)  A unique photograph.
C)  A scheme to improve general levels of human happiness.
D)  A machine that can rake a field twice as fast as any other machine.E) All of the above
F) B) and C)

Question 7

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.E) None of the above
F) B) and C)

Question 8

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)  n architect's drawing of a proposed new house.E) A) and B)
F) B) and C)

Question 9

Henry has lodged an application for a standard patent for his cure for AIDS.IP Australia has published details of the standard patent in the Australian Official Journal of Patents.Harry wishes to oppose the granting of the standard patent.How many months does he have to commence proceedings?

Accepted Answer

A)  4 months.
B)  12 months.
C)  3 months.
D)  6 months.E) A) and B)
F) A) and C)

Question 10

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

Accepted Answer

A)  Copyright law.
B)  Trademark law.
C)  Patent law.
D)  Contract law.E) A) and D)
F) A) and C)

Question 11

The tort of breach of confidence does not protect:

Accepted Answer

A)  Trade secrets.
B)  Confidential government information.
C)  Personal information.
D)  Information that is already widely known.E) None of the above
F) All of the above

Question 12

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:

Accepted Answer

A)  Criticism or satire.
B)  Judicial proceeding.
C)  Research or study.
D)  Profit.E) None of the above
F) C) and D)

Question 13

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

Accepted Answer

A)  An implied patent.
B)  An innovation patent.
C)  A certification patent.
D)  A virtual patent.E) B) and D)
F) C) and D)

Question 14

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?

Accepted Answer

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.E) A) and B)
F) None of the above

Question 15

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

Accepted Answer

A)  Yoko.
B)  John.
C)  Paul.
D)  Yoko, John and Paul jointly.E) None of the above
F) A) and D)

Question 16

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

Accepted Answer

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.E) A) and D)
F) A) and C)

Question 17

How long does copyright in an artistic work last?

Accepted Answer

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.E) B) and D)
F) B) and C)

Question 18

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

Accepted Answer

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.E) A) and B)
F) B) and D)

Question 19

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.E) None of the above
F) B) and D)

Question 20

The purpose of a trade mark is:

Accepted Answer

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.E) A) and B)
F) A) and C)

Exam 13: Intellectual Property Law: Protecting Your Creation

Which of the following is not protected by copyright law?

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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?

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

Henry has lodged an application for a standard patent for his cure for AIDS.IP Australia has published details of the standard patent in the Australian Official Journal of Patents.Harry wishes to oppose the granting of the standard patent.How many months does he have to commence proceedings?

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

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?

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

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

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The purpose of a trade mark is:

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The tort of breach of confidence does not protect:

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What is the maximum duration of trade mark protection?

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

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Which of the following can be patented?

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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:

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How long does copyright in an artistic work last?

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

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

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:

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

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