Question 1

A confidentiality agreement is an agreement in which a person:

Accepted Answer

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 2

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.

Question 3

What is a 'patent'?

Accepted Answer

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 4

Albert has created a new technology that he wants to patent.Which of the following disclosures, done before filing a patent application, would not prevent his patent application from being successful?

Accepted Answer

A)  Albert telling his friend Einstein about the new technology over coffee.
B)  Albert giving out samples of the new technology at a 'tech-fair' to measure public response to his technology.
C)  Albert showing the technology to several banks while seeking finance to market his new technology.
D)  Albert consulting a patent attorney for advice.

Question 5

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

Accepted Answer

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

Question 6

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.

Question 7

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?

Accepted Answer

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 8

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

Accepted Answer

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 9

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

Question 10

Intellectual property is commonly described as:

Accepted Answer

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

Question 11

Registration of a design gives the registrant the right to prevent others copying:

Accepted Answer

A)  the appearance of a product.
B)  the way a product works.
C)  the materials used to manufacture a product.
D)  the written description of the product's shape.

Question 12

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.

Question 13

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

Accepted Answer

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 14

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

Accepted Answer

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

Question 15

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

Accepted Answer

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 16

Which of the phrases below best defines a trade mark?

Accepted Answer

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 17

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.

Question 18

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.

Question 19

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.

Question 20

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

Accepted Answer

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

Exam 13: Protecting Ip

Intellectual property is commonly described as:

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

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A confidentiality agreement is an agreement in which a person:

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The purpose of a trade mark is:

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

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

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

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

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

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What is a 'patent'?

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The tort of breach of confidence does not protect:

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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?

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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?

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

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Which of the phrases below best defines a trade mark?

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Registration of a design gives the registrant the right to prevent others copying:

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

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

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Albert has created a new technology that he wants to patent.Which of the following disclosures, done before filing a patent application, would not prevent his patent application from being successful?

Correct AnswerverifiedShow Answer

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