TOPIC 11: Intellectual Property

Question 1

Trademarks are also known as:
  moral rights. 
  copyrights. 
  original works. 
  brands.

Answer 1

Brands

Question 2

Dentrex Ltd manufactures and sells portable radiation detectors. The plastic and metal housing of the detectors is a distinctive dark purple colour.

Which of the following regimes offers Dentrex the best chances of intellectual property protection of the dark purple colour scheme of the detectors?

Trade Marks Act.
Copyright Act.
Breach of confidence.
Patents Act.

Answer 2

Trade Marks Act

Question 3

Which of the following remedies are potentially available for infringement of copyright?

  All of the above. 
  Damages. 
  Delivery up of infringing copies. 
  Account of profits. 
  Injunctions.

Answer 3

All of the above

Question 4

Which of the following is correct for copyright law?
Copyright in a work lasts for as long as the author is alive, once the author dies the copyright protection ends.
Copyright only arises once it has been registered.
It is possible to infringe copyright even if you copy a small part of a work.
All of the other statements are correct.

Answer 4

It is possible to infringe copyright even if you copy a small part of a work.

Question 5

Which of the following is protectable as a trademark?
The shape of a lightbulb where the shape of the light bulb functions to make the light more energy efficient and also serves to identify the commercial source of the light bulb.
Both the lightbulb’s shape and the word “Cromulent” are capable of trademark registration.
The Term “Comfortable Shoes” for shoes that have just been introduced into the market.
The made up term “Cromulent” for a microprocessor.

Answer 5

The made up term “Cromulent” for a microprocessor.

Question 6

Dentrex Ltd has developed a complex computer program that uses an algorthym to analyse emissions of volcanic gas for particles of sulphur. Analysis of the code shows that the algorthym uses well understood techniques of mathematical modeling to achieve its results.

Which of the following offers the best prospects of intellectual property protection for the software code?

Breach of confidence.
Trade Marks Act.
Copyright Act.
Patents Act.

Answer 6

Copyright Act

Question 7

In relation to the coming into existence of copyright, select the correct statement:
Under the Copyright Act 1994, copyright protection comes into existence automatically when an original work is created.
Under the Copyright Act 1994, registration of copyright is optional though registration is recommended to better protect original ideas.
All of the above are true.
Under the Copyright Act 1994, copyright will come into existence as soon as a person has an original idea.

Answer 7

Under the Copyright Act 1994, copyright protection comes into existence automatically when an original work is created.

Question 8

The technical term for a breach of the Copyright Act 1994 is:
  None of the above. 
  contravention 
  violation 
  infringement 
  `cause of action`.

Answer 8

Infringement

Question 9

Copyright work` is defined in section 14 (1) the Copyright Act 1994 to be a:
  common law right. 
  personal right. 
  equitable right. 
  property right. 
  civil right.

Answer 9

Property right

Question 10

Intellectual property can be commercialised or exploited through the use of:
  user agreements. 
  franchises. 
  sale and purchase agreements. 
  licences. 
  All of the above.

Answer 10

All of the above

Question 11

`Copyright work` is defined in section 14 (1) the Copyright Act 1994 to be a:
  common law right. 
  property right. 
  civil right. 
  equitable right. 
  personal right.

Answer 11

Property right

Question 12

Under section 2 of the Copyright Act 1994 (the interpretation section), a `computer program` is included in the definition of:
  `artistic work`. 
  `dramatic work`. 
  `literary work`. 
  None of the above. 
  `musical work`.

Answer 12

Literary work

Question 13

Russell has an idea to write a short screenplay about his experiences as a student and he sets about writing it and filming it for distribution on DVD through the student bookshop. In this situation, Russell has copyright, under the Copyright Act 1994, in:
the written screenplay and the DVD film.
the ideas in his head the moment he has thought of them.
the written screenplay only.
the written screenplay and the DVD film as long as they are registered as his copyright under the Act.

Answer 13

The written screenplay and the DVD film

Question 14

In the law of property, intellectual property is defined as:
  None of the above. 
  tangible property. 
  intangibile property. 
  real property.

Answer 14

Intangible property

Question 15

In relation to the law of copyright, one of the following statements is incorrect. Select the INCORRECT statement:
Both civil remedies and criminal penalties are available in New Zealand if copyright is infringed.
Copyright protection exists in New Zealand because there is specific legislation which creates it.
Copyright protection does not last forever. the normal rule is life of the author plus fifty years.
In order for copyright to be protected, the author must go through a copyright registration process, as copyright protection does not automatically come into existence when a work is produced.

Answer 15

In order for copyright to be protected, the author must go through a copyright registration process, as copyright protection does not automatically come into existence when a work is produced.

Question 16

For a New Zealand resident or citizen to claim copyright there needs to be:
A work that is recorded in some way (e.g. Writing, recorded on video).
All of the other answers.
A category of work recognized by law (e.g. Literary, artistic or sound recording).
A work that is original.

Answer 16

All of the other answers

Question 17

In relation to the law of copyright in New Zealand, select the correct statement:
All of the above are correct.
There is no registration process required to be completed for copyright protection to be effective.
Copyright only exists in relation to original works.
Copyright protection does not last indefinitely.

Answer 17

All of the above are correct

Question 18

Copyright primarily protects:
  visually distinctive signs. 
  original expressions of ideas. 
  novel inventions. 
  original ideas and notions.

Answer 18

Original expressions of ideas

Question 19

In relation to trademarks, select the correct statement:
All of the above are correct.
A trademark must be distinctive in character and capable of visual representation.
A trademark may be protected under the common law without being registered under the Trademarks Act 2002.
A trademark may infringe another trademark even though the respective goods on which the two marks appear are not actually similar to each other.

Answer 19

All of the above are correct

Question 20

Intellectual property is generated by creativity of the mind, and intellectual property rights protect the interests of such creators of original works by:
Facilitating the commercialisation of intellectual property (through the use of licences, franchises and the like) whilst still protecting these intangible assets.
Creating a type of temporary monopoly over such intangible assets and thereby providing the creators with an economic incentive to share their ideas and information rather than keeping them secret.
Granting certain exclusive rights (such as copyright) in respect of their creations.
All of the above.

Answer 20

All of the above

Question 21

Intellectual property statutes in New Zealand provide for REGISTRATION of all but one of the following types of intellectual property. Which of the following is NOT capable of being registered?
  Patents. 
  Plant variety rights. 
  Designs. 
  Trade marks. 
  Copyright.

Answer 21

Copyright

Question 22

In the context of the Copyright Act 1994, an original work is:
A work that the author can demonstrate is new or novel.
Almost any form of creative activity.
Almost any form of creative activity that is not obscene
A work that has not been copied.

Answer 22

A work that has not been copied