L12: Intellectual Property

Question 1

What is a trade mark?

Answer 1

A sign used to distinguish goods and services from other traders

Question 2

To register for trade mark, applicant must show:

Answer 2

They are already using the mark or has the genuine intention to use it to trade in the goods/services applied for

Question 3

What are some trademarks that cannot be registered?

Answer 3

1. Marks that do not have a distinctive character
2. Descriptive marks: marks which indicate the quality, quality or intended purpose

(super, best)

3. Marks that could cause confusion
4. Deceptive Marks

Question 4

What is trademark infringement?

Answer 4

It is using a similar or identical sign to trade in similar or identical goods/services without the permission of the trademark owner.

Question 5

Remedies for trademark infringement

Answer 5

1. Equity
   - Injunction and account of profits
2. Common Law
   - Damages
3. Statute
   - Removal of infringing sign

• Delivery up of infringing goods

Question 6

3 Conditions for Tort of Passing Off

Answer 6

1. Good will or reputation attached to the plaintiff’s business
2. Misrepresentation by defendant that goods/services are same as plaintiff
3. Plaintiff is likely to suffer loss / damage

Question 7

Explain copyright

Answer 7

It is the exclusive right:

• reproduce
• publish
• perform
• communicate

various works such as novels, computer programs, plays

Question 8

State the 3 copyright protection

Answer 8

1. Protection is automatic as long as

a) work is original
b) is expressed in a tangible form (recording or writing)

2. Can be sold or licensed for a fee

Question 9

State 4 defences to copyright infringement

Answer 9

1. Fair dealing for research
2. Fair dealing for criticism
3. Fair dealing for reporting of current affairs
4. Making a back up copy of a computer program