Final Exam - Intellectual Property

Question 1

3 types of classification of property:

Answer 1

• Real Property
• Personal Property
• Intellectual Property

Question 2

Intellectual Property: creative products of the human mind

- 5 Types:

Answer 2

o	Copyright
o	Trade marks
o	Designs
o	Patents
o	Confidential information

Question 3

Does a registered business name give an IP right?

Answer 3

• A registered business name is NOT an IP right

o Does not prevent others from using the same or similar name to market their goods (nor does a domain name)

Question 4

How often should a registered business name be renewed?

Answer 4

Every 1-3 years

Question 5

4 examples/elements of intellectual property:

Answer 5

• Copyright for literary, musical, dramatic or artistic works
• Trade mark for logos, brand names - any distinctive sign used to distinguish goods or services
• Designs for visual features of shape, configuration, pattern or ornamentation used in relation to a product
• Patents for a device, substance, method or process that is new, useful, and has commercial potential

Question 6

What act protects Copyright?

Answer 6

Copyright Act 1968

Question 7

3 moral rights of intellectual property?

Answer 7

Right of attribution
Right against false attribution
Right of integrity

Question 8

What Act covers trade marks?

Answer 8

Trade Marks Act 1995

Question 9

5 step registration process for trade marks:

Answer 9

1. Do you have a trade mark?
2. What class of goods or services will it be used on?
3. Search for similar existing trade marks
4. Apply at IP Australia
5. Application is examined and outcome notified

Question 10

A trade mark can be removed from register if unused for ___ years.

Answer 10

3 years

Question 11

6 stage process to create a design:

Answer 11

1. File a design
2. Formalities check
3. Design registered
4. Request examination
5. Examination
6. If found new and distinctive – certified

Question 12

What act protects designs?

Answer 12

Designs Act 2003

Question 13

Define Patents:

Answer 13

• Inventions: a device, substance, method or process

Question 14

What act covers patents?

Answer 14

Patents Act 1990

Question 15

_____________ includes commercial information such as data, plans, customer lists, the idea for a TV or and importantly in the employer/employee context, “trade secret” – information relating to the business which ought not to be disclosed

Answer 15

Confidential information

Question 16

What would be the defences of leaked information? (2)

Answer 16

• Public knowledge

- Public interest

Question 17

What would be the remedies of leaked information? (3)

Answer 17

• An injunction to restrain disclosure or use of the information;
• An account of profits for improper use of the confidential information
• An order for delivery up or destruction