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Chapter 8 Self-test questions
Return to Intellectual Property Law Concentrate 4e Resources
Chapter 8 Self-test questions
Designs
Quiz Content
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Which of these rights isn't generally regarded as part of designs law?
Registered designs law
correct
incorrect
Copyright
correct
incorrect
Trade mark law
correct
incorrect
Design Right under Part III of the CDPA
correct
incorrect
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To enforce copyright to prevent a product from being copied:
The claimant's product must be represented in an artistic work
correct
incorrect
Articles made to the design must have been marketed
correct
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The defendant's product must be a substantial copy of the claimant's product
correct
incorrect
The product's designer must have created the design by making something that is a copyright work
correct
incorrect
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Which of these statements is most accurate concerning how the s. 51 defence limits the scope for enforcement of copyright to prevent a design being copied?
It restricts protection to works of artistic merit
correct
incorrect
It provides that it is not an infringement of copyright to make things in three dimensions
correct
incorrect
It provides that it is not an infringement of copyright to make things in three dimensions for some things of a non-artistic nature
correct
incorrect
It limits protection to designs that have no functional purpose
correct
incorrect
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Design right
Can protect designs only after articles have first been made to the design
correct
incorrect
Applies to the individual elements of a design
correct
incorrect
Only protects the visible parts of designs
correct
incorrect
Can arise however the design is created and regardless of whether or not any copyright arises
correct
incorrect
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Which of these statements about excluded features is the most accurate?
For the "must fit" exclusion to apply, the parts must exist in proximity to each other so that only certain shapes will fit
correct
incorrect
Functional features of a shape cannot be surface decoration, however minor they are
correct
incorrect
The "must match" exclusion applies where consumers for a replacement part product would prefer one that looked like the original
correct
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The "method or principle of construction" exclusion applies wherever a method of construction affects the appearance of a product
correct
incorrect
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Which of the following statements about the duration of Design Right is the most accurate?
Designers who do not get their designs to market within 5 years of creating them will lose some protection
correct
incorrect
It lasts 15 years
correct
incorrect
Licenses of right are available after a product has been marketed for 5 years
correct
incorrect
It lasts 10 years
correct
incorrect
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The effect of EU law on registered designs law is
That designs must be applied for to the EUIPO
correct
incorrect
That national registered designs continue to apply their pre-existing law
correct
incorrect
To provide a harmonised registered designs law throughout the EU
correct
incorrect
To abolish all other forms of protection for the shapes of things that previously applied in the member states
correct
incorrect
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The definition of a design for the purposes of Registered Design protection
Includes internal and external features of a product
correct
incorrect
Can include features that are only visible when the product is turned on
correct
incorrect
Includes colours, textures and sounds
correct
incorrect
Covers only industrially manufactured products
correct
incorrect
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Novelty in the case of registered designs means
The same as it does in patent law
correct
incorrect
That prior disclosures by the designer do not count
correct
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That novelty is judged on an EU wide, rather than a worldwide basis
correct
incorrect
That obscure prior disclosures are unlikely to destroy novelty
correct
incorrect
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A design has individual character if
It appeals to the eye of the ordinary consumer
correct
incorrect
It gives a different overall impression, when compared with prior design, to someone who is an interested consumer for the products in question
correct
incorrect
It stands out from other designs in the field when viewed by the ordinary consumer
correct
incorrect
The differences over previous designs are not trivial
correct
incorrect
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The Community Unregistered Right
Gives the same rights as a registered design, but for a shorter duration
correct
incorrect
Is different in that novelty is assessed as at the date the design was created
correct
incorrect
Provides an anti-copying right
correct
incorrect
Lasts 5 years
correct
incorrect
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