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Chapter 6 Self-test questions
Return to Intellectual Property Law Concentrate 4e Resources
Chapter 6 Self-test questions
Trade secrets and confidential information
Quiz Content
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not completed
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Which of the following are requirements for information to be protected?
It must have been recorded in a material form
correct
incorrect
It must not have been previously made available to the public
correct
incorrect
It must be of the right type
correct
incorrect
It must be in the public interest
correct
incorrect
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An aspect of the House of Lords' reasoning in
Douglas v Hello
that has caused controversy is that they held
That an interloper could be under a duty of confidence
correct
incorrect
That photographs could contain confidential information
correct
incorrect
That damages can be recovered for a breach of confidence as well as an injunction
correct
incorrect
That if information held a commercial value, then it would be protected by law
correct
incorrect
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Terry is attending a reception hosted at the offices of an employment agency. He wanders away from the area where the reception is being held and walks into an office (the door was open). He leafs through the pages of a file that was on the desk and finds out that his boss is negotiating to join one of his employer's main competitors. Which statement is correct:
Terry is not under a duty because he was invited onto the premises and did not break into any room or filing cabinet
correct
incorrect
Terry is under a duty because the employment agency was under a duty of confidence to his boss
correct
incorrect
Terry is not under a duty because he gatecrashed the reception
correct
incorrect
Terry is under a duty because in all the circumstances of the case, an honest person in his position should have realised that the file contained confidential information
correct
incorrect
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Professional advisers are likely to owe a duty of confidence to their clients
Only if the contract says they do
correct
incorrect
Only if, and to the extent that, their professional rules say they do
correct
incorrect
Because the adviser-client relationship would not work unless the adviser kept the client's information secret
correct
incorrect
Only in respect of information that the client has to provide them with under the contract
correct
incorrect
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The duty of confidence is breached by
Obtaining confidential information
correct
incorrect
Making commercial use of confidential information where you are under a duty of confidence in relation to that information
correct
incorrect
Obtaining confidential information, provided it was obtained unlawfully
correct
incorrect
By failing to take reasonable care of someone else's confidential information, with the result that it is published
correct
incorrect
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Why does the law of confidence appear so different where contracts of employment are concerned?
The nature of an employee's duties
correct
incorrect
Considerations of public policy
correct
incorrect
Contract law
correct
incorrect
All of the above
correct
incorrect
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Whilst employed, employees must
Carry out their duties with care and skill
correct
incorrect
Not start a competing business
correct
incorrect
Not compete with their employer
correct
incorrect
Disclose all information to the employer that might be helpful to it
correct
incorrect
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An employee's duty of confidence once she leaves employment
Does not cover information that forms part of the employee's skill and knowledge and which the employee can take away in her head
correct
incorrect
Does not cover information that will help the employee get another job
correct
incorrect
Only covers information that the employer has told the employee is confidential
correct
incorrect
Covers all information that is not in the public domain
correct
incorrect
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Which of the following statements about the right to a private and family life under the European Convention on Human Rights is not correct
Everyone is under a duty not to publish private information about a person where to do so would be in breach of that person's Convention right
correct
incorrect
Other matters may have to be balanced against the Convention right
correct
incorrect
The right to a private and family life is enforced solely through the law of confidence
correct
incorrect
The law of confidence will prevent the publication of information that would infringe the right, even if that information is in the public domain
correct
incorrect
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not completed
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The springboard doctrine
Protects information after it has entered the public domain
correct
incorrect
Is only relevant to information that can be generated from public domain information
correct
incorrect
Applies only to ex-employees
correct
incorrect
Only applies to technical information
correct
incorrect
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