Chapter 24 Self-test questions

Which of the following is NOT protected by copyright?

Literary works.

Music.

Ideas and thoughts.

Typological arrangements of published editions.

The Copyright, Designs and Patents Act 1988 provides protection of copyright and is afforded to anyone's creation of a work defined as a book or dramatic feature only.

True

False

The law relating to copyright is governed, through statute, by the _______ _______ ___ _______ Act 1988.

In cases of literary and dramatic works, for how long will copyright exist?

70 years after the end of the calendar year of the death of the person who created it.

50 years after the end of the calendar year of the death of the person who created it.

125 years after the end of the calendar year of the death of the person who created it.

25 years after the end of the calendar year of the death of the person who created it.

The copyright holder is entitled to protection where the work fulfills the following criteria: 1) the work is of a type that is protected under the Copyright, Designs and Patents Act 1988; 2) it has been produced in some tangible form — written, recorded and so on; 3) the work satisfies the requirement of originality; and 4) the owner/creator is a British citizen and/or the work was first published in the UK.

True

False

Copyright provides the owner with legal rights and ______ rights.

Protection under the Registered Design Act 1949 exists for a period of how many years?

5 years (renewable).

10 years (renewable).

15 years.

25 years.

The legal rights of the owner of copyrighted materials do not extend to allowing that person to make an adaptation of the work or to copy and sell the materials in relation to an adaptation.

True

False

Protection afforded to the owners of copyright in the UK is _________ and, unlike other protections of Intellectual Property rights, there is no registration process.

In relation to the sporting goods manufacturer 'Nike,' its 'swoosh' is an example of:

Copyright.

Design right.

Trade mark.

Patent.

A significant protection afforded to the owners of a design right in the UK is that it is automatic and, unlike other protections of Intellectual Property rights, there is no registration process.

True

False

The protection afforded under copyright for databases is for a period of __ years.

Which of the following will enable a patent to be applied for?

A new invention (such as a vacuum cleaner).

An artistic work.

The presentation of information.

A form of doing business.

The duration of copyright protection in relation to broadcasts is 30 years.

True

False

Infringement of copyright exists where a qualitatively substantial part of the work is copied. ________ infringement of copyright does not consider the perpetrator's motive or knowledge of the copyright's existence. Infringement occurs when one or more of the exclusive 'legal' rights of the owner has been breached.

In relation to patents, where an employee creates an invention during the normal course of employment and it relates to his/her duties at work, the intellectual property belongs to which of the following?

The employee.

It depends on the specific nature of the employment contract.

The board of directors (if applicable).

The employer.

A trade mark may be applied to a name or logo that identifies a product or service, or it could further include a slogan used by a brand or even some sound.

True

False

______ rights are applicable to three-dimensional works only, but the unregistered community designs procedure (under EU law) does protect two-dimensional products.

Which of the following is NOT an exception to the rules on Copyright in the Intellectual Property Act 2014?

Making a copy for a person with a disability which includes a profitable charge for the service.

Using material for the purposes of criticism and review.

Time-shifting whereby a recording is made and which is to be viewed at a later time.

Making a personal copy of copyrighted materials.

'Passing-off' occurs where a person who is in receipt of known counterfeit goods attempts to sell these even though they inform the buyer that they are not genuine (such as with copied DVDs, imitation-brand perfumes and so on).

True

False

A _____ is defined as: ...any sign capable of being represented graphically which is capable of distinguishing goods or services of one undertaking from those of other undertakings.

For the purposes of copyright law, which of the following is the test of 'originality'?

Original thoughts.

Original ideas.

The original expression of an idea.

Simply something not copied from someone else's work.

In relation to the application of a patent, an 'invention' constitutes an inventive step where it would not have been obvious to someone with skill and experience in the area. To be considered as new, the invention must not form part of the state of prior art (this includes all factors that were publicly available prior to the invention).

True

False

At common law, where an individual or business attempts to pass itself, or goods, as another business or belonging to another business in an attempt to deceive or confuse the public, a tort of _________ ___ may have been committed.

The mental test requirement for a secondary infringement of copyright is?

A suspicion that the copies could have been infringing copyright.

A knowledge of the copyright's existence.

A lack of knowledge that copies were made without the owner's permission.

Knowledge, or that the perpetrator should have known, that the copyright existed and was being infringed.

Infringement of a patent is determined on a decision as to whether or not a very similar product comes within the scope of the exclusive right.

True

False

A business may seek to protect its inventions, such as a new product, or its new way of making the product (a new process) that has an industrial application. An invention would constitute an inventive step where it would not have been obvious to someone with skill and experience in the area. To be considered as new, the invention must not form part of the _____ __ ________ ___.

According to s. 39(1) of the Patents Act 1977, who owns a patent in the following circumstances?

The employer in every situation.

The employee in every situation.

The employer where they were created during the normal course of employment and relating to the employee's duties at work.

The employee where they were created during the normal course of employment and relating to the employee's duties at work.

Any invention created by an employee belongs to his/her employer.

True

False

The ________ ______ is the body that is responsible for granting Patents with effect in the UK and is headed by the Comptroller-General.

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