Font size
S
M
L
XL
WorksheetsIPR final
Total questions: 139
Worksheet time: 2hrs 44mins
Name
Class
Date
1.
Which value of ideas and information that Intellectual Property Rights (IPR) protect?
a)
Ethical value
b)
Moral value
c)
Social value
d)
Commercial value
2.
The term “WIPO” stands for:
a)
World Investment policy organization
b)
World intellectual property organization
c)
Wildlife Investigation and Policing organization
d)
World institute for Prevention of organized crime
3.
A company wishes to ensure that no one else can use their logo. Which IPR protects that right?
a)
Copyright
b)
Trademark
c)
Patent
d)
Industrial design
4.
Which of the following is not an intellectual property law?
a)
Copyright Act, 1957
b)
Trademark Act, 1999
c)
Patent Act, 1970
d)
Customs Act, 1962
5.
Which IPR DOES NOT protect a technical report or specification?
a)
Copyright
b)
Patent
c)
Confidential information
d)
Design right
6.
An engineering drawing on paper is NOT protected by
a)
Copyright
b)
Patent
c)
Trademark
d)
Design right
7.
Electrical device is protected by
a)
Copyright
b)
Confidential information
c)
Trademark
d)
Design right
8.
Computer program can be protected by
a)
Copyright, topography right, trademark
b)
Confidential information, topography right, patent
c)
Trademark, confidential information, copyright
d)
Topography right, patent, confidential information, copyright
9.
Mechanical device is NOT protected by
a)
Copyright
b)
Design right
c)
Patent
d)
Registered design
10.
Computer icon is protected by
a)
Copyright
b)
Design right
c)
Trademark
d)
Registered design
11.
Name of a product is protected by
a)
Copyright
b)
Confidential information
c)
Trademark
d)
Topography right
12.
Pictorial design or logo is protected by
a)
Pictorial design or logo is protected by
b)
Topography right, trademark, design right
c)
Registered design, confidential information, copyright
d)
Topography right, confidential information, copyright
13.
This IP right is associated with every literary, dramatic, musical or artistic work, to sound recordings, films, broadcasts and cable programmes. This right is:
a)
Copyright
b)
Design right
c)
Registered design
d)
Confidential information
14.
Which of the following is protected by copyright?
a)
Idea
b)
Concept
c)
Expression
d)
None of others is correct
15.
Which of the following is NOT an infringment in coyright according to UK law?
a)
Which of the following is NOT an infringment in coyright according to UK law?
b)
Making a short-term or transient copy
c)
Speaking words aloud without making a copy whether by shorthand or on tape
d)
Making an object in three dimensions from a drawing of that object,
16.
Which of the following is NOT an infringment in coyright?
a)
Someone copies without the copyright owner’s permission
b)
A photographer takes a photograph of a particular scenic view, even though the photograph is virtually indistinguishable to another person’s photograph.
c)
Someone creates a scene in a studio to reproduce a scene in someone else’s photograph
d)
One similarity drawing has had access to the material which has supposedly been copied
17.
The main law applicable in the UK for copyright is
a)
The Copyright, Designs and Patents Act 1988 and its revision
b)
A WIPO Treaty on Copyright
c)
A WIPO Treaty on Copyright
d)
The Patents Act 1977
18.
Which is NOT right about “literary copyright” according to Act 88?
a)
A literary work is ‘any work ... which is written, spoken or sung’
b)
Copyright applies from the instant the work is recorded and the law refers to this
being ‘in writing or otherwise’
c)
The 88 Act is silent on quality or literary merit
d)
The author’s intention is relevant. An internal memo is legally protected to
the same degree and the same value as a fully revised paper written for publication.
19.
Which is NOT right about “literary copyright” according to Act 88?
a)
One word is sufficient to be a copyright work, such as a company name
b)
Titles of books and magazines, particularly when they consist of conventional words, are not copyright
c)
A list of code words or shorthand symbols will also be protected by copyright
d)
A list of code words or shorthand symbols will also be protected by copyright
20.
Which of the following is NOT right about Copyright in computer programs according to UK law?
a)
are classified as literary works
b)
as ‘any form of notation or code, whether by hand or otherwise and regardless of the method by which, or medium in or on which, it is recorded’
c)
enough for electronic copyright
d)
The 88 Act does not define ‘computer program’ or even ‘computer’ to ensure that the law will still apply even when technology moves on and new types of machine are developed which are not recognisable as computers, or new methods of instructing hardware are devised.
21.
Which is right about “Copyright in databases and compilations” according to UK law?
a)
A list of names and addresses in a telephone directory or a parts list can be protected by copyright in databases and compilations
b)
Literary copyright is the same as copyright in databases and compilations
c)
Enough for electronic copyright
d)
The spoken word is protected by copyright in databases and compilations
22.
A singer wishes to assign the right to reproduce a video she has made of her concert. Which of the following right does the singer have?
a)
Copyright
b)
Trademark
c)
Patent
d)
Patent
23.
In most types of work, how long does copyright last for according to Bern Convention?
a)
10 years after the creation of the work
b)
50 years after the creation of the work
c)
50 years after the creation of the work
d)
50 years after the death of the person who created that work
24.
Which of the following form of a spoken word is NOT protected by copyright?
a)
A fully prepared text
b)
A note
c)
In shorthand, or on tape or disk
d)
None of others is correct
25.
Which of the following is NOT protected by an artistic copyright according to UK law?
a)
A fully prepared text, a note or in shorthand, on tape or disk
b)
A recording of light or other radiation on any medium on which an image
is produced or from which an image may by any means be produced
c)
Technical drawings, photographs and to designs of buildings and other structures
d)
Any drawing, diagram, map, chart or plan
26.
Which of the following is NOT protected by a copyright as a sound recordings and films?
a)
All recordings of sound whether of music, the spoken word or other types of noise, such as a bird song, and any type of image on film, are protected by copyright
b)
A recording of a literary, dramatic or musical work made in such a form that sounds can be produced subsequently
c)
A record by a silent process, for example, synthesised speech created by a computer program
d)
A recording of light or other radiation on any medium on which an image is produced or from which an image may by any means be produced
27.
Which is NOT right about copyright in a sound recordings and films?
a)
The copyright in the recording is separate from and additional to other copyrights that may apply
b)
All recordings of sound whether of music, the spoken word or other types of noise, such as a bird song, and any type of image on film, are protected by copyright.
c)
The method of recording is relevant to the copyright
d)
In the case of a film, there may also be copyright in the book on which the script is based and additional copyright in the script itself
28.
Which is RIGHT about copyright for broadcasts and cable programmes by UK law?
a)
All recordings of sound whether of music, the spoken word or other types of noise, such as a bird song, and any type of image on film, are protected by copyright.
b)
When sounds or pictures are relayed to the public, whether by broadcasts or by cable services, there are additional copyrights.
c)
When sounds or pictures are relayed to the public, whether by broadcasts or by cable services, there are no additional copyrights.
d)
A recording of light or other radiation on any medium on which an image is produced or from which an image may by any means be produced
29.
Copyright can be applied to
a)
Music, plays and conventional artistic works including paintings and sculptures.
b)
Works of artistic craftsmanship such as individually designed items of furniture.
c)
Typefaces and to typographical editions, that is, the way a literary work is laid out on a page.
d)
All of others are correct
30.
Who is NOT right about the owner of literary and artistic works?
a)
The creator of a literary or artistic work owns the copyright in it unless this position is varied by a legal contract
b)
If an employee creates copyright material as part of his or her job, copyright
is owned by the employer
c)
If an employee creates copyright material as part of his or her job, copyright
is owned by the employer
d)
When Company A places a contract with an individual consultant or with Company B, for work under which copyright is likely to be generated, the Company A is definitely the owner of the work
31.
Duration of database right according to UK law
a)
Lasts for the life of its creator plus a further 70 years.
b)
Lasts for 70 years begins to run on the death of the last surviving creator if two or more authors were jointly involved in the work
c)
For the works generated before 1 January 1996 the duration of database right is life plus 50 years.
d)
Lasts for 15 years from the end of the year the database was created or made accessible to the public
32.
Duration of computer-generated right according to UK law
a)
Lasts for the life of its creator plus a further 50 years.
b)
Lasts for 70 years begins to run on the death of the last surviving creator if two or more authors were jointly involved in the work
c)
The copyright lasts for 50 years from the end of the year in which the copyright material was created
d)
Lasts for 15 years from the end of the year the database was created or made accessible to the public
33.
Duration of copyright in sound recordings or films according to UK law
a)
Lasts for 50 years from the year the film or record was made or, if it is released to the public, 50 years from its release
b)
Lasts for the life of its creator plus a further 50 years.
c)
Lasts for the life of its creator plus a further 50 years.
d)
The copyright lasts for 70 years from the end of the year in which the copyright material was created
34.
Paternity right is NOT applied to
a)
The creator of a literary, artistic, dramatic or musical copyright work and the director of a film (unless he or she is an employee)
b)
The designer of a building or other structure
c)
Computer programs or to any work created by a computer without human intervention
d)
Computer programs or to any work created by a computer without human intervention
35.
Integrity right applied to
a)
Computer programs, works created for newspapers or magazines or multi-authored works, such as encyclopaedias
b)
Copyright material created before the 88 Act came into force on 1 August 1989, provided the creator was alive on that day and had not assigned or licensed the copyright.
c)
Films created before 1 August 1989
d)
None of others is correct
36.
Duration of false attribution right according to UK law
a)
Lasts for the life of its creator plus a further 50 years.
b)
Lasts for 70 years begins to run on the death of the last surviving creator if two or more authors were jointly involved in the work
c)
Lasts for the life of its creator plus a further 20 years)
d)
None of others is correct
37.
What is privacy right?
a)
The right not to be wrongly named, that is, not to have a work falsely attributed to a creator
b)
Relates to photographs taken under a commission (i.e. for payment) for private purposes
c)
The author’s right to object to a distortion or mutilation of a work when it is published, or to changes made which are considered to be prejudicial to the honour or reputation of the creator
d)
he right for the creator of a literary, artistic, dramatic or musical copyright work and the director of a film (unless he or she is an employee) to be named as author or director in certain circumstances
38.
Which of the following is NOT a source of international copyright law?
a)
Bern convention
b)
Paris convention
c)
TRIPS – Trade-Related aspects of Intellectual Property Rights
d)
WIPO Copyright Treaty
39.
Which country is NOT a member of Bern convention before 2022?
a)
Vietnam
b)
Singapore
c)
Laos
d)
Indonesia
40.
Until 2022, Vietnam has not been a contracting party of:
a)
WIPO Copyright Treaty
b)
Bern Convention
c)
Paris Convention
d)
Hague Agreement
41.
Which is the principle of "national treatment” stipulated in Bern Convention?
a)
Works originating in one of the Contracting States must be given the same protection in each of the other Contracting States as the latter grants to the works of its own nationals
b)
Protection must not be conditional upon compliance with any formality
c)
Protection must not be conditional upon compliance with any formality
d)
As to works, protection must include "every production in the literary, scientific and artistic domain, whatever the mode or form of its expression”
42.
Which is the principle of "automatic protection” stipulated in Bern Convention?
a)
Works originating in one of the Contracting States must be given the same protection in each of the other Contracting States as the latter grants to the works of its own nationals
b)
Protection must not be conditional upon compliance with any formality
c)
Protection is independent of the existence of protection in the country of origin of the work
d)
Protection is independent of the existence of protection in the country of origin of the work
43.
Which is the principle of "independence of protection” stipulated in Bern Convention?
a)
Works originating in one of the Contracting States must be given the same protection in each of the other Contracting States as the latter grants to the works of its own nationals
b)
Protection must not be conditional upon compliance with any formality
c)
Protection is independent of the existence of protection in the country of origin of the work
d)
As to works, protection must include "every production in the literary, scientific and artistic domain, whatever the mode or form of its expression”
44.
Which is the duration of copyright in Bern convention?
a)
Protection must be granted until the expiration of the 50th year after the author's death.
b)
In the case of anonymous or pseudonymous works, the term of protection expires 50 years after the work has been lawfully made available to the public, except if the pseudonym leaves no doubt as to the author's identity or if the author discloses his or her identity during that period
c)
In the case of works of applied art and photographic works, the minimum term is 25 years from the creation of the work
d)
All of others are correct
45.
Duration of economics right in films according to Vietnam law
a)
Lasts for 50 years from the year the film or record was made or, if it is released to the public, 50 years from its release
b)
Lasts for the life of its creator plus a further 50 years.
c)
Lasts for 70 years begins to run on the death of the last surviving creator if two or more authors were jointly involved in the work
d)
Lasts for 75 years from the end of the year in which the film was created
46.
According to Vietnam law, duration of economics right in literature work:
a)
Lasts for 50 years from the year the film or record was made or, if it is released to the public, 50 years from its release
b)
Lasts for the life of its creator plus a further 50 years.
c)
Lasts for 70 years begins to run on the death of the last surviving creator if two or more authors were jointly involved in the work
d)
Lasts for 75 years from the end of the year in which the film was created
47.
According to Vietnam law, duration of moral right in literature work:
a)
Lasts for 50 years from the year the film or record was made or, if it is released to the public, 50 years from its release
b)
Lasts for the life of its creator plus a further 50 years.
c)
Lasts for 70 years begins to run on the death of the last surviving creator if two or more authors were jointly involved in the work
d)
Lasts forever
48.
According to Vietnam law, duration of a broadcast program related right
a)
Lasts for 50 years from the year it is released to the public
b)
Lasts for the life of its creator plus a further 50 years.
c)
Lasts for 70 years begins to run on the death of the last surviving creator if two or more authors were jointly involved in the work
d)
Lasts forever
49.
You and your co-worker are employees of a design company. Both of you are assigned to create a company logo for a client. In this case
a)
Only you reserve the right of paternity
b)
Both you and your friend reserve the right of paternity
c)
Only your company reserves the right of paternity
d)
Your company, you and your friend all reserve the right of paternity
50.
Moral rights include:
a)
Integrity right, reproduction right and false attribution right
b)
Economic right, public performance right
c)
Paternity right, integrity right, alse attribution right and privacy right
d)
Paternity right, distribution right and privacy right
51.
Which one of the followings is correct?
a)
Under Berne Convention, authors shall not reserve moral rights upon they transfer their works to other persons.
b)
Under Berne Convention, authors shall reserve the right to claim authorship of their work but not the right to object any changes to their work upon they transfer their work.
c)
Under Berne Convention, authors are not allowed to accept any changes to his original works upon they transfer such works to other persons.
d)
Under Berne Convention, authors shall reserve moral rights upon they transfer their work to other persons.
52.
Which one of the followings is NOT correct?
a)
Paternity right must be asserted in writing before it becomes legally enforceable.
b)
The employee’s integrity right is totally excluded.
c)
Integrity right does not need to be asserted.
d)
The author could waive his moral rights.
53.
Which one of the followings is NOT an original work?
a)
Work A is copied from Work B.
b)
Work A is a derivative Work of Work B
c)
The compilation of the unoriginal material called for work or skill or expense.
d)
A photocopy taken by a man
54.
Which of the followings may be a reproduction?
a)
Temporary copy or downloading a work from a website
b)
Make any kind of copy even in different size
c)
Make a new work based on the original work
d)
All of others are correct
55.
Who is not an author of the artistic work?
a)
A person who solely creates the artistic work
b)
A person who fixes the picture on whatever medium.
c)
A person who jointly provide significant contribution to create a copyrightable artistic work.
d)
A person who jointly provide significant contribution to create a copyrightable artistic work.
56.
A person who jointly provide significant contribution to create a copyrightable artistic work.
a)
Final remedies, compensatory damages, criminal sanctions
b)
Provisional measure, injunction, delivery-up, compensatory damages, punitive damages, account of profits
c)
. Injunction, compensatory damages, border measures
d)
Account of profits, border measures, final remedies
57.
In case of copyright infringement, the copyright holder can use
a)
Only injunction
b)
Only delivery-up
c)
Only compensatory damages
d)
Each of (a), (b), (c) or combination
58.
To be granted a provisional measure order, the applicant must
a)
To be granted a provisional measure order, the applicant must
b)
Provide any reasonable evidence to prove that his/her rights are being infringed or that such infringement is imminent.
c)
Provide security
d)
All of others are correct
59.
Which one of the followings is NOT correct according to UK law?
a)
Injunction and delivery-up can be applied even in case the plaintiff suffers no damage.
b)
Courts may apply provisional measures where any delay is likely to cause irreparable harm to the right holder.
c)
Provisional measurers are applicable if there is a demonstrable risk of evidence being destroyed.
d)
The combination of injunction and delivery-up is not available if there is no damage incurred to the plaintiff.
60.
According to UK law, to be granted suspension of release by custom authorities, the applicant must
a)
Provide adequate evidence to prove that under the laws of the country of importation, there is prima facie an infringement of the right holder’s intellectual property right
b)
Supply a sufficiently detailed description of the goods to make them readily recognizable by the customs authorities
c)
Provide a security or equivalent assurance sufficient to protect the defendant and the competent authorities and to prevent abuse
d)
All of others are correct
61.
Which is NOT considered as copying part of a work?
a)
Uses a ‘substantial part’ of a work
b)
Copying one line of a well-known song in a nontechnical context,
c)
Copying one frame from a film
d)
A photocopy of a book, or a scanned-in digital copy of a photograph
62.
Which is considered as copying part of a work according to UK law?
a)
Adapting a copyright work, which includes translating it.
b)
Copying one line of a well-known song in a nontechnical context,
c)
The extraction or reutilisation of a computer-stored database, whether the whole or a substantial part
d)
A photocopy of a book, or a scanned-in digital copy of a photograph
63.
Which is considered as copying by adaption?
a)
Adapting a copyright work, which includes translating it.
b)
Copying one line of a well-known song in a nontechnical context
c)
The extraction or reutilisation of a computer-stored database, whether the whole or a substantial part
d)
. A photocopy of a book, or a scanned-in digital copy of a photograph
64.
Which is considered as infringing a broadcast program copyright?
a)
Adapting a copyright work, which includes translating it.
b)
Copying one line of a well-known song in a nontechnical context
c)
Re-broadcast it or include it in another cable programme
d)
The extraction or reutilisation of a computer-stored database, whether the whole or a substantial part
65.
Which is NOT right about copying computer programs?
a)
Conventional translation of a program from English into a foreign language
b)
When an applications program on a disk is loaded onto a personal computer (PC), a copy is made in a different medium
c)
When an applications program on a disk is loaded onto a personal computer (PC), a copy is made in a different medium
d)
Computer programs cannot be used without an act of copying, it is legally essential for the copyright owner to give permission for the copying.
66.
Computer programs cannot be used without an act of copying, it is legally essential for the copyright owner to give permission for the copying.
a)
a photocopy of a book.
b)
a scanned-in digital copy of a photograph
c)
a reproduction and the copy has a material form
d)
a translation a copyright work
67.
Which is/are exceptions to copyright infringement?
a)
Public events
b)
Time shifting
c)
Education
d)
All of others are correct
68.
Which is an exception to copyright infringement?
a)
. Research or private study
b)
If a technical paper is published in a periodical with an abstract, then copying the abstract is permitted, unless there is a licensing scheme in force
c)
Education
d)
All of others are correct
69.
Since the aim of a trade mark is to encourage purchasers to buy your company’s product or your company’s service by using the mark when they place an order, what is deemed essential for a sign to be called “trade mark” from business perspective?
a)
Trade marks should be slightly different from marks used by competitors to avoid confusion.
b)
Trade marks should be easy to remember and sufficiently different from marks used by competitors to avoid confusion.
c)
That trade marks should be easy to remember and similar to marks used by competitors to avoid confusion.
d)
That trade marks should be similar to marks used by competitors to create more confusions to enjoy benefits from dilution.
70.
Cellupro, a company that designed and manufactured cell phones, had a unique design to their products and a particular color for their phones and packaging. This design and color is known as
a)
trade dress.
b)
a service mark.
c)
a fanciful mark.
d)
trade style.
71.
In Vietnam law, how long the trade mark protection is?
a)
5 years
b)
10 years
c)
15 years
d)
It depends but can last forever provided that the owner renews its application for protection
72.
‘Apple’ for computers is an example of
a)
Invented words used as a trade mark
b)
Words used out of context as a trade mark
c)
Symbols used as a trade mark
d)
Shapes used as a trade mark
73.
Registration of a trade mark is
a)
automatic
b)
subject to an approval process through the designated authoritative body
c)
dependent upon a corporation using a priori means to establish an original mark.
d)
dependent upon a corporation using a priori means to establish an original mark.
74.
A trade mark can be any of the following except a
a)
Word
b)
Symbol
c)
Formula
d)
Phrase
75.
Which of the following is not eligible for immediate trade mark protection?
a)
fanciful trade marks
b)
descriptive trade marks
c)
arbitrary trade marks
d)
suggestive trade marks
76.
Which of the following is an example of a suggestive trade mark?
a)
Fruit of the Loom
b)
Victoria's Secret
c)
eBay
d)
Netflix
77.
In the UK, a trade mark is used without registering is permitted.
a)
This is correct. A marked can be used without registering although it is recommended that registration is always needed for enjoying protection.
b)
This is not correct. Once being used, a trade mark has already been registered.
c)
This is not correct. Trade mark must be registered before using in the course of trade
d)
None of the statements are correct.
78.
In the UK trade mark law, when is “goodwill” generated by the use of the mark?
a)
When the mark could have been registered but the owner decided not to register it
b)
When the mark is unregistrable because it does not meet the requirements of the Trade Marks Act 1994
c)
A and B are correct
d)
A and B are incorrect
79.
After a sufficient use, a mark which is unregistrable may become registrable because
a)
Its reputation can be used as proof that the mark has become distinctive for the goods or service for which it has been used.
b)
This can not be happened. The mark should be registered through an official process as stated by the laws.
c)
The mark is automatically registered
d)
None of the answer is correct
80.
Get-up includes
a)
the colour of packaging and the type of lettering used on a label
b)
a slogan used for broadcast or printed advertising
c)
visual impression of business premises, such as the style of fascia board and the colour of shop fittings
d)
All are correct
81.
If a mark or get-up has been used long enough to have generated a reputation, the owner can stop a competitor from ‘passing-off’ goods or services as if they originated with the owner by use of identical or similar marks or get-ups. To do this the owner must show:
a)
there is a reputation in the mark or get-up
b)
there has been confusion in the market place
c)
the owner has suffered damage
d)
All A+B+C must be proved together
82.
When the mark could have been registered but the owner decided not to register it, and when the mark is unregistrable because it does not meet the requirements of the law (i.e Trade Marks Act 1994). In both cases, use of the mark generates what is known as
a)
Good hope
b)
Goodwill
c)
Good faith
d)
Good use
83.
While proving for the reputation of an unregistered mark, the owner need to
a)
Prove that the unregistered mark or the get-up is distinctive
b)
Prove that the unregistered mark is taken to show a trade connection with a particular business
c)
A and B are correct
d)
A and B are incorrect
84.
Confusion can be caused by a competitor using the most memorable part of the trade mark.
a)
Yes. The use of the most memorable part will be sufficient to generate the confusion.
b)
No. The confusion happens when the competitor uses an identical or very similar trade mark or get-up.
c)
No. The confusion happens only in the case of using identical marks for identical goods or services
d)
None of the abovementioned statement is correct
85.
What is the definition of a domain name?
a)
A domain name is an anonymous string that defines a realm of administrative autonomy, authority or control within the Internet.
b)
A domain name is an identification string that defines a realm of administrative autonomy, authority or control within a geographic area.
c)
A domain name is an identification string that defines a realm of administrative autonomy, authority or control within the Internet.
d)
A domain name is an identification string that defines a person, authority or control within the Internet.
86.
Domain names are registered by the principle of
a)
Peer-reviewed
b)
censorship
c)
Resources restriction
d)
first-come first-served
87.
Are domain names intellectual property?
a)
Not really.
b)
Yes, they are.
c)
Yes, provided that domain names are registered with the Internet service providers
d)
Yes, since domain names provides the exact information of the owner of goods or services on the Internet
88.
In the 1990s, there was an explosion of names registered by US Network Solutions, the administrator of the top level domain (TLD) with the suffix .com. What sorts of problems quickly arose then:
a)
owners of trade marks identical to the domain name objected to use of the domain name, and unscrupulous persons registered variations of famous company names and offered to sell them for large sums of money – this is called cyber-squatting.
b)
Company can easily get their domain name as they wish on the Internet, and this is more easier to company with famous brand.
c)
People can register for domain names easier and provide such names to anyone in need for free
d)
People can register for domain names easier and provide such names to anyone in need for free
89.
A registration of domain names usually lasts for …. year(s), and if not renewed, can be allocated to another owner.
a)
1
b)
2
c)
3
d)
4
90.
A Uniform Dispute Resolution Procedure (UDRP) is agreed by participants, which provide some mechanism to resolve dispute in terms of domain names and intellectual property.
a)
True.
b)
False. UDRP provide mechanism to resolve dispute in terms of domain names only
c)
False. UDRP provide mechanism to resolve dispute in terms of trade mark only
d)
False. UDRP provide mechanism to resolve dispute in terms of the ownership of trade mark only.
91.
A Uniform Dispute Resolution Procedure (UDRP) is run by
a)
WIPO
b)
WTO
c)
UN
d)
UNCITRAL
92.
What are criteria for winning a transfer of a domain name?
a)
A domain name must be identical or confusingly similar to a registered or unregistered trade mark, the use complained of must be by someone having no legitimate interest in the name, and bad faith
b)
When there is innocently confusing use, an offer to sell the mark or a history of registering names based on third party trade marks.
c)
All are correct
d)
None of the answers are correct
93.
Is it necessary to prove that those knowing the mark or get-up can identify the owner?
a)
No
b)
Yes. It is necessary
c)
Yes. This is a must to protect the original owner of the trade mark
d)
Yes. It is important to know who is the first one registering for the trade mark
94.
In the UK law, what the owner of a trade mark must show while proving the damage?
a)
actual loss of business
b)
loss of orders to the competitor
c)
a high risk of loss of business arising from the confusion
d)
the market loss
95.
What can be deemed as an infringement of registered trade mark?
a)
Use the registered trade mark in relation to the goods/services specified in the registration;
b)
Use the registered trade mark on the similar goods/services;
c)
Use the similar mark on the registered or similar goods/services, so that the public is likely to be confused;
d)
All are correct;
96.
Comparative advertising does not infringe trade mark use unless
a)
it is for the company’s advantages
b)
it is not in accordance with honest business practices.
c)
it serves customers with information
d)
All trade mark uses in comparative advertising contribute the infringement to trade mark protection
97.
What are Civil remedies?
a)
Provisional measures, Injunction, imprisonment
b)
Delivery-up, Compensatory damages, Punitive damages; and Account of profits
c)
Imprisonment, Punitive damages; and Account of profits
d)
Delivery-up, Imprisonment, Compensatory damages
98.
When you use the similar mark on the registered or similar goods/services is an infringement
a)
Yes. This is enough to conclude that there is an infringement
b)
No. This will be an infringement when the use likely causes public to be confused.
c)
Yes. This is an infringement since it can devalue goods or services.
d)
Yes. This is an infringement since it can devalue goods or services.
99.
What is the best definition about “passing-off”?
a)
The use of identical or similar marks or get-ups to cause confusion in the public by relying on the reputation of a mark or get-up, which has already been used long enough.
b)
The use of different mark by relying on the reputation of a mark or get-up, which has been used long enough. However, this use is not caused any confusion.
c)
The use of distinctive marks or get-ups to cause confusion in the public
d)
A trade mark infringement
100.
When you use the registered trade mark in relation to the goods/services specified in the registration, there is an infringement.
a)
True.
b)
It depends.
c)
False. Besides what mentioned, the infringement must be caused with confusion.
d)
False. Because the use of registered trade mark in relation to the goods/services specified in the registration is passing off.
101.
What does Trade libel means?
a)
Misleading advertisements and false indications of the origin of goods and services
b)
The original information about the quality of products or services
c)
An injunction against counterfeit
d)
A piece of information identified the products or services on mass communication
102.
Dealing with trading counterfeit goods is an international problem due to major differences in national laws, particularly in the Far East. In these countries, what measure prevails as a viable way for this problem?
a)
Enacting a new international mechanism
b)
International lobbying on a long-term basis.
c)
International lobbying on a long-term basis.
d)
Do nothing, since this is a domestic problem of a country
103.
In the UK, it is a _____ offence to apply a mark identical to (or likely to be mistaken for) a registered trade mark to goods, labels, packaging or advertising materials intended for use in relation to goods without the proprietor’s permission.
a)
Civil
b)
Moral
c)
Criminal
d)
Ethical
104.
In the UK, if you want to search for registering of trade marks, who have all information to help you?
a)
a trade mark agent
b)
patent attorney
c)
a commercial searching organization
d)
All are correct
105.
In the UK, there are criminal provisions relating to misuse of trade marks and relate only to
a)
Registered trade marks
b)
. Unregistered trade marks
c)
. Get-up
d)
All are correct
106.
In the UK, there are criminal provisions relating to misuse of trade marks and they relate only to____
a)
marks for goods
b)
marks for services.
c)
Marks for goods and services
d)
Unregistered trade marks
107.
If a mark or get-up has been used long enough to have generated a reputation, the owner can stop a competitor from ___ goods or services as if they originated with the owner by use of identical or similar marks or get-up.
a)
Passing off
b)
Licensing
c)
Contracting
d)
Purchasing
108.
When is the best time to minimize the risk of being sued for infringement of a registered trade mark, for passing-off or even misuse of someone else’s company name?
a)
a trade mark is selected in the last place.
b)
a trade mark is selected in the first place.
c)
a trade mark is newly created
d)
a trade mark is communicated to the public
109.
In the EU, marks registered by the Office for Harmonisation of the Internal Market (Trade Marks and Designs) and are called …..
a)
Community Trade Marks
b)
Global Trade Marks
c)
European Trade Marks
d)
All are correct
110.
A Community Trade Marks (CTM) is valid in ___
a)
All member countries of the WTO
b)
All member countries of the EU
c)
All member countries of the WIPO
d)
All member countries of the UN
111.
The registration of a Community Trade Mark can be renewed every ……. years.
a)
CTM cannot be renewed
b)
5 years, for 4 consecutive times after the first registration
c)
5 years
d)
10 years
112.
What trade marks international system allows anyone with a trade mark registration in one member country to make a single application covering all, or a selected number, of other member countries?
a)
Hauge Agreement
b)
Madrid Agreement
c)
Paris Convention
d)
Paris Convention
113.
According to Madrid Agreement, the single application of trade mark must be made within how many months from the initial trade mark application?
a)
6
b)
12
c)
18
d)
3
114.
According to TRIPS, what a registered mark must give the owner?
a)
Exclusive right to prevent use by a third party in the course of trade of an identical or similar sign for identical or similar goods
b)
Exclusive right to prevent use by a third party in the course of trade of an identical or similar sign for identical or similar services
c)
Exclusive right to prevent use by a third party in the course of trade of an identical or similar sign for identical or similar goods and services
d)
Exclusive right to prevent use by a third party in the course of trade of an identical or similar sign for different goods
115.
According to TRIPS, after registration a mark must be used; if not, it can be cancelled after how many years?
a)
3
b)
4
c)
5
d)
6
116.
According to TRIPS, if registration of sounds or smells is allowed by countries?
a)
Yes. Provided that these are distinctive
b)
No. Only invented words permitted
c)
No. Only signs are permitted
d)
No. Since sounds or smells are not distinctive.
117.
Why do owners need to commercialize IPRs?
a)
IPRs owner should translate IPRs into money for reinvestment and profit
b)
IPRs owner may not have enough resources to exploit IPRs.
c)
IPRs owner should commercialize IPRs by means of assignment or license.
d)
All are correct
118.
What intellectual property right can be licensed?
a)
Any IPR
b)
Copyright only
c)
Registered design only
d)
Trade mark only
119.
How to acquire IPRs?
a)
Assignment
b)
Licensing
c)
Know-how contract
d)
All are correct
120.
What is an assignment?
a)
The ownership of IPRs is transferred from the assignor to the assignee. Upon assignment, the assignee becomes the owner of the rights.
b)
The ownership of IPRs is transferred from the assignor to the assignee. Upon assignment, the assignee becomes the owner of the rights.
c)
The ownership of IPRs is transferred from the assignor to the assignee. Upon assignment, the assignee becomes the owner of the rights.
d)
None of the above definitions is correct
121.
The license may take place in some conditions, such as royalty, limited use of patented invention.
a)
True
b)
False. The license may take place in the condition of royalty only.
c)
False. The license may take place in the condition of limited use only.
d)
False. The license may take place in the condition of patented invention only.
122.
The assignment and licensing agreement shall be registered by the competent authority as required by law.
a)
The assignment and licensing agreement shall be registered by the competent authority as required by law.
b)
Yes. They can be registered upon the requirement of the law
c)
No. Only the assignment agreement is needed
d)
No. They can never be registered
123.
The know-how may be delivered in the forms of
a)
documents only
b)
None is correct
c)
technical service and other intangible forms only
d)
the tangible forms or intangible forms
124.
Know-how contract can be existed under a form of relevant transaction such as joint-venture.
a)
True. Know-how contract can be existed under a form of relevant transaction such as joint-venture besides other forms.
b)
False. Know-how contract can be existed only under a form of apprenticeship.
c)
False. Know-how contract can be existed only under a form of franchising.
d)
False. Know-how contract can be existed only under a form of supporting agreement.
125.
What does royalty mean?
a)
post-calculated, recurring payments, the amount of which is determined under economic use or result (sales, profits).
b)
a pre-calculated amount paid once or in installments
c)
compensation for services and assistance rendered by technical or professional experts.
d)
dividend or income from related operations: commission paid to licensor for his assistance in selling.
126.
Lump-sum payment is
a)
post-calculated, recurring payments, the amount of which is determined under economic use or result (sales, profits).
b)
a pre-calculated amount paid once or in installments
c)
compensation for services and assistance rendered by technical or professional experts.
d)
dividend or income from related operations: commission paid to licensor for his assistance in selling.
127.
Indirect compensation includes
a)
post-calculated, recurring payments, the amount of which is determined under economic use or result (sales, profits).
b)
a pre-calculated amount paid once or in installments
c)
compensation for services and assistance rendered by technical or professional experts.
d)
dividend or income from related operations: commission paid to licensor for his assistance in selling.
128.
What can be defined as “fees”?
a)
post-calculated, recurring payments, the amount of which is determined under economic use or result (sales, profits).
b)
a pre-calculated amount paid once or in installments
c)
compensation for services and assistance rendered by technical or professional experts.
d)
dividend or income from related operations: commission paid to licensor for his assistance in selling.
129.
Exclusive license is
a)
the licensee will have no competition
b)
the licensor will afford no licenses to other persons within the contractual territory
c)
A and B are correct
d)
A and B are incorrect
130.
Sole license is
a)
the licensee will have no competition
b)
the licensor will afford no licenses to other persons within the contractual territory
c)
A and B are correct
d)
A and B are incorrect
131.
Copyright license can only be made in writing
a)
True. Since the IP license can be granted only in written forms.
b)
False. An IP license can be also granted orally but it is highly preferable if the agreement is in written form.
c)
False. An IP license can only be made orally
d)
None of the given statements are correct
132.
What is licensing?
a)
The permission to perform one or more acts covered by exclusive rights of the owner of patented invention/IPRs within a specific area and for particular time.
b)
The ownership of IPRs is transferred.
c)
The supplier promises to deliver the know-how to another party (recipient) for the use by that party.
d)
Owner gives up the ownership of his/her intellectual property
133.
The standard that must be met for a plaintiff to win a trade mark dilution claim is the likelihood of confusion.
a)
True.
b)
false
134.
Acme Corporation attempted to register a trade mark that was generic and not fanciful, arbitrary, suggestive or descriptive with a secondary meaning. Under these circumstances, Acme has
a)
an excellent case for the registration of a trade mark because generic trade marks, as opposed to fanciful, arbitrary or suggestive trade marks, are capable of being copyrighted.
b)
an excellent case for the registration of a trade mark because all trade marks are capable of being copyrighted.
c)
no case for registration of the trade mark because a trade mark must be fanciful, arbitrary or suggestive to be capable of being copyrighted.
d)
no case for registration of the trade mark because a trade mark must be independent, rather than fanciful, arbitrary or suggestive, to be capable of being copyrighted.
135.
The color or shape of an item, if distinctive, is
a)
a trade mark.
b)
trade dress.
c)
a copyright.
d)
a patent.
136.
Each of the following is considered trade dress except
a)
The white linen tablecloths at the Four Seasons Restaurant in New York City.
b)
The font and size of print used in a national store's print advertising.
c)
The brown uniforms and trucks at UPS.
d)
The costume worn by your school's mascot at sporting and other events.
137.
When a trade mark has become representative of a broad type of products as opposed to being descriptive of a particular brand, the trade mark has become …….. and the holder has lost the right to enforce the mark against competitors.
a)
limited
b)
authentic
c)
original
d)
generic
138.
Trade marks indicate a specific producer.
a)
True
b)
false
139.
A trade mark is always protected, even if it loses its distinctiveness.
a)
True
b)
false
Reset
