* not completed

. What is the most important distinction between literary, dramatic, musical and artistic works ("authorial works") on one hand, and sound recordings, films, broadcasts and published editions on the other?

Authorial works have to be recorded in a material form correct incorrect

The non-authorial works reward investment correct incorrect

Only authorial works have authors correct incorrect

Authorial works must be original to be protected; the other works do not have to be original correct incorrect

The non-authorial works necessarily involve the input of a performer or performers correct incorrect

* not completed

. Which of the following statements is correct regarding authorial works?

A work must be recorded in material form correct incorrect

Anything can be a work but it must be an expression of intellectual creativity to be protected by copyright correct incorrect

Only works falling within the definition of artistic works in s. 4 CDPA are protected correct incorrect

Works must be expressed in a manner which makes the protected subject-matter identifiable with sufficient precision and objectivity correct incorrect

* not completed

. Copyright in a database:

only exists if the database is the author's own intellectual creation correct incorrect

requires that skill and labour is used in the selection or arrangement of the contents of the database correct incorrect

protects against the extraction of data from the database correct incorrect

does not protect databases where the intellectual creation went towards creating the data, rather than selecting or arranging it correct incorrect

* not completed

. Which of the following statements is true

Database right belongs to the person who created the database correct incorrect

Database right in a database lasts for a fresh term of 15 years from whenever a substantial further investment is made in the database correct incorrect

Database right can be infringed by repeated downloading of data from the database provided the data is kept each time so as to assemble a substantial part of the database correct incorrect

Databases which are freely available on the internet are not protected by database right correct incorrect

* not completed

. Which of these events potentially triggers the right of attribution:

Broadcasting a recording of a song on the radio correct incorrect

Selling a postcard which shows a photograph of a sculpture correct incorrect

Broadcasting a recitation of a poem on the radio correct incorrect

Uploading a song to a file-sharing website correct incorrect

* not completed

. The Berne Convention Moral Rights

Have always been part of UK copyright law correct incorrect

Are not implemented in common law countries correct incorrect

Were implemented for the first time in the UK by the CDPA 1988 correct incorrect

Are required by the TRIPs agreement correct incorrect

* not completed

. Shops selling recordings, purchased in good faith, which turn out to have been made in infringement of a performer's rights

Are infringing and there is no defence correct incorrect

Will infringe by selling after they have been put on notice correct incorrect

Will not be liable for damages correct incorrect

Will not infringe at all correct incorrect

* not completed

. A performer's moral rights are infringed

Whenever a sound recording of the performance is broadcast and the performers are not acknowledged correct incorrect

When a performance is imitated in a derogatory way correct incorrect

When a sound recording of a performance is altered in a derogatory way and communicated to the public correct incorrect

When a video in which offensive words have been dubbed over an actor's performance is communicated to the public correct incorrect

* not completed

. 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

* not completed

. 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

* not completed

. Which of these statements about the European Patent Convention is true?

It provides for a single patent covering all member states correct incorrect

It is an EU treaty correct incorrect

It sets up the European Patent Office, which deals with the granting and enforcement of European patents correct incorrect

It harmonises the laws of the member states in relation to European Patents correct incorrect

* not completed

. The patentability of biotechnological inventions is limited in which of the following ways?

Patents relating to human genes cannot be patented correct incorrect

Genetic sequences on their own cannot be patented correct incorrect

Inventions that cause suffering to humans or animals cannot be patented correct incorrect

Patents that relate to medical treatment cannot be patented correct incorrect

* not completed

. 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

* not completed

. 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

* not completed

. 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

* not completed

. Which of these statements is true about the general nature of passing off?

The defendant must intend to cause loss correct incorrect

The misrepresentation must be intentional correct incorrect

Passing-off cannot protect the use of descriptive terms correct incorrect

There must be a false representation correct incorrect

* not completed

. The objections under Art. 4.1(c) of the Directive:

Prevent descriptive marks being registered correct incorrect

Apply to marks which might be used to describe the goods correct incorrect

Apply to marks where the registration of the mark would prevent the goods being properly described correct incorrect

May be overcome after 5 years use correct incorrect