introduction

Question 1

What’s Special about Intellectual Property?

A. Intellectual Property Is a Product of Law
B. Lawyers working in intellectual property law often specialize in more than two of the areas.
B. Intellectual Property Is Imaginary
C. Intellectual Property Is Difficult to Measure
D. Intellectual Property Law Creates Artificial
Monopolies
E. Intellectual property is a bundle of legal rights

Answer 1

B is wrong, only one or two areas since IP law is so compliated.
E is wrong, it’s not special.

Question 2

Can trademark be a scent?

Answer 2

yes, the smell of eucalyptus for golf tees in Australia

Question 3

Copyright, trademark, design, patents are considered as intellectual property because they award *over tangible things associated with *created by *.

Answer 3

property rights ; abstract objects; the human mind

Question 4

in order for patent owners to have property rights over the objects, they need to follow what?

Answer 4

following the instructions about how to make an invention that were registered as the patent- written down in a prescribed form known as ‘specifications’.

Question 5

The ‘intellectual property rights’ is the thing being regulated. true or false?

Answer 5

False. The ‘intellectual property rights’ is the thing being regulated, and the ‘rights’ are the legal rules setting out who has permission to do what in relation to that thing.

Question 6

false or true?
A. the notion of an ‘intellectual’ type of property as a definitional tool is considered as useful
B. Intellectual property is whatever the law says or stipulates it is.
C. ‘intellectual property’ has no settled definition
D. As it is created by law, intellectual property can be easily changed by law.
F. intellectual property law involves putting act fences around imaginary territory.

Answer 6

A. wrong. It has been argued that the term ‘property’, arguably is so broad that it becomes almost meaningless. [philosophical debates]
B. correct. The fact that something is classified as ‘intellectual property’ does not in itself tell us much about the nature of those areas of law.
C. correct.
D. imaginary fences, not actual fences. [not as physically measurable objects]

Question 7

What prompts change in IP law? give two examples.

Answer 7

technological advances and change of business practice

Question 8

why IP lawyers make great effort to ensure that each of the imaginary objects that are being described can be identified consistently and accurately by different people

Answer 8

This is important both in intellectual property contracts and license agreements,

• the scope of the object being agreed about;
• intellectual property litigation, where the scope of the intellectual property object being fought over must be established
• contracts and license agreements end up being the subject of litigation

Question 9

who determines the boundaries of an intellectual property object?

• a court
• a registry office such as IP Australia

Answer 9

Both

Question 10

true or false?
A.Once a registrar or court has determined the boundaries of a piece of intellectual property in one context, the boundaries may be clear in future contexts.
B. the boundaries of IP are always dependent on what they are being assessed against.
C. Valuation of intellectual property assets is a specialist field of accountancy.
D. cost approach or owner value approach of determining IP value is a simple approach that may be prone to mistake if used in isolation.
E. market approach is always handy and useful.

Answer 10

A. wrong, still unclear.
B correct, in this sense, intellectual property is thus difficult to measure.
D. correct. other considerations may be important too. e.g., costs of maintaining intellectual property (eg. registration renewal fees and enforcement costs), and considerations of the ongoing value of that intellectual property in a competitive marketplace.
E. incorrect, historical information may not in fact be available.

Question 11

Valuation of intellectual property assets is important in which of the following contexts.?
A. assignment
B. licensed. 
C. mergers and acquisitions
D. shares being issued or traded
F. tax purpose.

Answer 11

A-F

Question 12

cost approach or owner value approach concerns with * replacement ; the market approach concerns with * price;
income approach or economic benefit approach concerns with *.

Answer 12

hypothetical;
realistic prices that might be achieved if the intellectual property object is sold. (comparable pieces of intellectual property; empirical data to estimate a notional price.)
cash flow likely to be generated by ownership, or use, of the intellectual property are obtained

Question 13

Unless they are regulated, intangible things like inventions and musical works are public goods with two important characteristics?

Answer 13

non-excludable
non-rival [ii.meaning that many people can simultaneously use and enjoy the intangible thing without anyone having any less of it or being deprived of it. They never run out. ]

Question 14

no regulation of inventions may lead to what problem (economic terms), which constitutes a kind of * leading to t*. without compensation for the work, only people who *production of creative things. government typically address this problem by doing what?

Answer 14

‘free rider problem’
market failure, reduction in production and investment
cross-subsidize
(1)participate directly in the production and distribution of goods and services by cross-subsidizing unprofitable projects with funds from other sources.
(2)a regulatory model: where states implement laws that change the manner in which markets operate.

Question 15

True or false>
A. cross-subsidize is unlikely to function on a large scale.
B. Intellectual property laws create government-granted monopolies.
C. Australian copyright law never allows unauthorized
uses.
D. none of the theories offers a full and convincing justification for intellectual property laws.
E. it’s fair to describe law-making in this area pragmatic rather than idealistic.

Answer 15

C is incorrect. Australian copyright law contains fair dealing exceptions that allow such unauthorized uses in certain circumstances.
Australian law contains provisions for compulsory licenses;
Most intellectual property monopolies are confined to limited terms,
D. Correct. Justifications for intellectual property laws are arguably best understood in context, by examining their theoretical underpinnings alongside their social, economic and political environments.
E: For example, the government might agree to introduce an intellectual property provision in Australia as part of an international treaty arrangement that will give Australian farmers better access to overseas markets for crops and livestock (NB. many commentators criticized Australia’s entry into the US-Australia Free Trade Agreement 2004 for this reason).

Question 16

The introduction of intellectual property laws can provide a remedy to the free rider problem by giving people *. Intellectual property laws do this by creating * that prohibit free-riding.

Answer 16

an incentive to invest in the creation of new intellectual material;artificial monopolies.

Question 17

these imaginary fences create unnecessary costs and problems, in particular it make it difficult or impossible for the creation of *., which is encouraged by. * art movement is also associted with it. The problems include giving permission, if permission is given, * is too high or *

Answer 17

derivative works; Modern remix culture; appropriation art movement ; price; tragedy of the anti-commons [are so many different owners of different pieces of intellectual property that it becomes impractical to work within the system.]

Question 18

An exception to limited terms is what?

Answer 18

trademarks can be infinitely renewed so long as they continue to comply with the requirements for registration.

Question 19

What are the three types of theories that try to justify IP laws?

Answer 19

i. Rights-based justifications
ii. Economic/efficiency-based justifications
iii. Consequentialist/teleological justifications

Question 20

Rights-based justifications suggests that the reason for awarding intellectual property rights is to protect *. Examples of rights-based justifications include:

Answer 20

human dignity.

Labour theory [John Locke];desert theory; personality theory[associated with the work of Georg Hegel.]

Question 21

if a person creates a new work which is a form of self-expression, to alienate that person from the creation would be an affront to his or her personhood.- what theory ?

Answer 21

personality theory under human dignity

Question 22

Examples of economic or efficiency-based justifications include:
Examples of consequentialist justifications
Utilitarian theories accord with philosopher *’s theory
Instrumentalist theory suggests that creativity is stimulated by intellectual property laws because the potential rewards function as an incentives. This theory is similar to *
Social-planning theory sees intellectual property laws as a way of helping to bring about a more desirable society

Answer 22

Incentive theory (contribute to the general good of society);
Information theory[signal; customer confusion]
Jeremy Bentham
Instrumentalist theory suggests that creativity is stimulated by intellectual property laws because the potential rewards function as an incentives. This theory is similar to Labour theory[but whereas Labour theory sees rewards for effort as something that people are entitled to by virtue of intrinsic human rights, instrumentalist theories perceive rewards as a inducement for individuals to create things that will benefit society more generally.]

Question 23

Some theories seem to justify some intellectual property doctrines better than others. For example, patent law is better justified by *than *, whereas moral rights are better justified by * than *

Answer 23

instrumentalist theories
personality theory;
personality theory
economic or consequentialist theories.

Question 24

• and The public domain and the commons are sometimes presented as the opposite of intellectual property. If something is in the commons/public domain, no * attach to it. what are the three categories?

Answer 24

The public domain and the commons
private property rights
IP, hinterland, Commons/Public domain

Question 25

True or false:
A. The terms ‘commons’ and ‘public domain’ have excatly same meanings.
B. Anyone is free to use material in the commons/public domain unless prohibited from doing so by another law
C. A proprietor does not have absolute rights over its intellectual property; it has only the rights awarded by the law.

Answer 25

A. false. are often used interchangeably, but sometimes they are given slightly different meanings.

Question 26

identify which catagory the following are in commons/public domain?
A. public parks, waterways, the environment, national defence and outer space
B. languages, numbers, emotions, thoughts, ideas, information and knowledge.
C. a pharmaceutical drug that the inventor decided not to patent
D. An intellectual property proprietor may assign (ie. transfer ownership of) its intellectual property to another person, or may give someone a license (ie. permission) to use that intellectual property.
E. ‘fair dealing’ in copyright and non-commercial use in trademark law
F. the proprietor of a photograph that is protected as an artistic work by copyright law may grant a license allowing anyone to use the photo for non-commercial purposes only.
G. a book with copyright in them has expired.
H those patents of drugs expired so the formulae for the drugs became generic.
I If someone holds intellectual property rights but relinquishes those rights generally
J If someone builds on material that is in the commons/public domain and creates something different
K: Creative Commons licenses, open source licenses, and free software licenses such as the GNU General Public License.

Answer 26

A: commons/public domain
B In the context of intellectual property, the commons/public domain contains intellectual material that nobody owns; unless it’s regulated by law
C. commons/public domain, although eligible to become intellectual property
yes.
H>the new material will be eligible for intellectual property protection to the extent that it is original.

D: IP

the material falls into what might be dubbed the hinterland.[ Note that this is a term coined by the author in the absence of a better term to describe this law.]

F: To the extent that the proprietor has effectively relinquished its exclusive rights to use the work for non-commercial purposes, the work is in the commons/public domain. However, for all other purposes, intellectual property in the work is still held and controlled by the proprietor.

K put their works in the hinterland

Question 27

what does hinterland mean?

A way for copyright owners to put their works in the hinterland is through the use of *

Answer 27

People who put material in the hinterland have voluntarily entered into arrangements to give up intellectual property rights that they would otherwise be entitled to own and exert.
copyleft licenses.

Question 28

The key multilateral treaties that have guided the development of intellectual property law internationally are

1) The Paris Convention for the Protection of * (‘Paris Convention’) WIPO
2. Berne Convention for the Protection of * and * Works
3. The World Trade Organization’s (‘WTO’) Agreement on Trade Related Aspects of Intellectual Property 1994 (TRIPS)

Answer 28

Industrial Property

Berne Convention for the Protection of Literary and Artistic Works

Question 29

what members of Pairs Convention should do?
A. principle of national treatment
B. enact and enforce laws
C. give limited * recognition of industrial property

Answer 29

C. reciprocal [right of priority]

Question 30

What is principle of national treatment?

Answer 30

Each Convention signatory must treat copyright owners from other member states in an equal manner to the way in which they treat copyright owners from their own jurisdiction.

Question 31

True or false?
A. All WTO members must comply with TRIPS, but not necessarily with Berne Convention and Paris
Convention.
B. most of the lawyer’s skills involves figuring out when copyright subsists, or when trademarks or patents will be registrable.
C. A patent, design or trademark that was wrongly registered – eg. because IP Australia was unaware that it did not comply with registrability requirements – can Not be deregistered

Answer 31

A. incorrect. All WTO members must comply with TRIPS, which in turn requires compliance with the aforementioned Berne Convention and Paris Convention.

C incorret, can de-registered

Question 32

Most prominent bilateral treaties is United States – Australia Free Trade Agreement 2004, effective from 1 January 2005. Under this FTA, Australia agreed to change its copyright law to *, so as to coincide with copyright terms in the United States of America.
In doing so, it agreed to implement law with standards that exceeded the minimum copyright term requirements set out by the * and *

Answer 32

extend most copyright terms by twenty years [TRIPS-plus]

Berne Convention and TRIPS.

Question 33

the object that will protected by intellectual property laws may be recognized as ‘intellectual property’ in one of two ways:

Answer 33

Subsistence

Registration

Question 34

when does Subsistence occur?
Subsistence occurs when *of intellectual property regulation is created by complying with . Once these requirements are met, property in the object is said to ‘’ as intellectual property.

Answer 34

Subsistence occurs when an object of intellectual property regulation is created by complying with a list of requirements.
subsist

Question 35

Which of the following Intellectual property laws creates their objects of regulation through subsistence?

A. patent over an invention,
B. breach of confidence.
C. industrial design right over the appearance of an object.
D. a trademark to indicate their goods or services in the market,
E. copyright,
F. passing off

Answer 35

BEF

Question 36

Q: When working out whether an intellectual property object subsists or is registrable, the following questions should normally be asked:

Answer 36

Who is the creator of the material?
How is the material original or novel?
Has the possible intellectual property been fixed in a documented form?

Question 37

Pair the Originality Requirement with intellectual property doctrine
Design, Trademark, Copyright, Patent

Distinctive: not identical or similar to an existing one.
Novelty, Original; Novel and involves an inventive step

Answer 37

Design novelty.
Trademark not identical or similar to an existing one.
Patent: Novel and involves an inventive step
Copyright: Original

Question 38

Pair the Originality Requirement with intellectual property doctrine
Design, Trademark, Copyright, Patent

Distinctive: not identical or similar to an existing one.
Novelty, Original; Novel and involves an inventive step

Answer 38

Design novelty.
Trademark not identical or similar to an existing one.
Patent: Novel and involves an inventive step
Copyright: Original

Question 39

the requirement that the subject matter being regulated by the law be evidenced in a fixed or documented form, pair up:
Design, Trademark, Copyright, Patent

Graphical Representation
Claims within the * specifications set out what part of the invention is ‘claimed’ as original.
Graphical Representation
Material Form

Answer 39

Design: Graphical Representation
Trademark: Graphical Representation
Copyright: Material Form
Patent: Claims within the patent specifications set out what part of the invention is ‘claimed’ as original.

Question 40

Rights are usually set out in two places?

Answer 40

rights acquired upon subsistence/registration; and

what constitutes infringement of those rights.

Question 41

true or fase:
A.Australia law does not afford protection to all the items on the list of IP in 1967 WIPO convention definition of IP
B. Trips has definitions of IPR.
C. Nintendo and Grain Poo have liberalised the interpretation of s51(xviii)
D. May of the early federal statutes were little more than re-enactments of their British counterparts.
E although there are more resemblances than dissimilarities in the approaches taken by the UK and Australia in IPR legislation, their regulatory details are increasingly different.

Answer 41

A: B is incorrect. No definitions only 7 categories.

Question 42

Q: the most important international convention in he filed is * What are the seven categories of IPRs? What power Cth will continue to rely on ?Copyrights and related rights, trade marks, industrial designs, patents, *, * and *

Answer 42

S51(xxix) external power.
WTO trade related Aspects of Intellectual Property Rights (TRIPS) Agreement.
Layout designs of integrated circuits
Undisclosed information

Question 43

Q;JT international case concerns what? What does it demonstrate? What is another example where the exclusive right of the owner is lawfully diminished?

Answer 43

A: JT international case concerns plain packaging regime–public health inniative external to the IP regimes. The case demonstrates that there are restrictions on owners’ ability to exploit intellectual property rights that are embedded with the regime themselves, for instance, exceptions to copyright infringement that allows certain uses in the public interest.
Statutory license.

Question 44

Q: True or false:
A.Law made pursuant to s51(xviii) were likely of their nature to ‘impact upon existing property rights,’ the power should not be regarded as being qualified by s51(xxxi).
B.the four types of IPRs that are mentioned in s51(xviii): copyright, trademark, industrial design and patent.
C.In Photnographic Performance Company of Australia v Cth, the HCA held that the capped license scheme did involved the acquisition of any pre-1969 property.
D.Free use exceptions, such as fair dealings with copyright materials, can also raise the ‘just term’ issue.

Answer 44

A.True. As per Nintendo, The granting of rights under legislation could not be considered to involve an acquisition of property but rather ‘the adjustment of the competing rights, claims or obligation of persons in a particular relationship or area of activity’
B.Incorrect; design not industrial design
C.Incorrect. The record manufacturers’ right subsisted by virtue of the Copyright Act `1968 (Cth), which had terminate any rights under the Copyright Act 1911(Cth). therefore not involve
D.Correct.

Question 45

About copyrights- true or false
A.Governed by Copyright Act 1968(cth)
B.Copyrights arise only after some formal steps are taken.
C.The work needs to possess aesthetic qualities.
D.Independent creation of the same work or matter will not infringe.
E.Strictly speaking, performer’s rights are not copyrights, although it contained in the Copyright Act.

Answer 45

B incorret- no need. It suffices when the creator exercises originality in the work.
C-incorrect- no need.
E correct, cannot be in material form.

Question 46

Q: Copyrights protect expression in * form of * or *. Including computer software, which is designated as ‘literary works’. And perfomer’s rights protected are more limited- only allowing performers to restrain or take action against any * or *of their performance. A copyright generally subsists until * years from the expiration of the year of the author’s death. Moral rights are rights that are personal to the * of certain copyrights materials, regardless of *. under 2000 amendments to copyright act, a creator has two rights- *

Answer 46

unauthorized broadcast; recording;
Material;ideas;information
Creator; 70
Who owns the copyright for other purposes.
The right of attribution; and the right of integrity.

Question 47

Q: Which of the following IP rights are not protected by a standalone statute?
Copyright, perfomrmer’s rights, moral rights, patents, designs, trademarks, new plant varieties, circuit layouts, artistis’ resale rights.
What is the difference between copyrights and artists resale right?

Answer 47

A; first three
Artist resale right is associated with but distinguished from copyright.
A right to a rotalty arising from the resale of original pieces of art, that is, the physical object, rather than a royalty for a copyright use such as reproduction.

Question 48

True or false:
A: A standard patent lasts for 20 years.
B: The design monopoly may last for up to 15 years.
C.The proprietor of trademark is entitled to restrain the use of unregistered marks only when the marks are substantially identical to the work.
D. Breed varities: 20 years.
E Circuit layouts up to 10 years.

Answer 48

A.Correct. B wrong- 10 years.
C Substantially identical or deceptively similar and the mark must normally be used in such a way that it becomes and retains distinctive of he proprietor’s business. D wrong 20-25 years. E yes.