IPR102 Hic triic tuygn tii https://quizlet.com/_bc9lik Article 50 of TRIPs requires courts or equivalent judicial authority to grant a provisional measure order A. without any request A B. accordingly the applicant's request C. accordingly the Member States’ request D. Accordingly Court's request Before disclosing your graphic work which you have just created to any person, you ‘A (i) make an agreement with him/her thereby helshe promises nolo disclose or misuse the graphic work without your permission D B. (ii) make sure you are not in infringement of any third person's IPRs if disclosing the graphic work C. Neither () nor (i) D. Both (i) and (ji) Which one of the followings may NOT constitute secondary in- fringement? ‘A. Without the copyright owner's permission, importing into UK for private or domestic purpose, an article which is an infringing copy of the work B. Without the copyright holder's permission, selling an article even knowing or having reason to believe that itis an infringing copy of the work C. Without the copyright holder's permission, letting for hire an article even knowing or having reason to believe that it is an infringing copy of the work D. Without the copyright holder's permission, distributing other- wise than in the course of business to such an extent as to prejudice the copyright owner an article even knowing or having reason to believe that itis an infringing copy of the work Regarding the novelty, relevant date may be (i) Filing date; (ji) Priority date (or (iy A B (i) and (i) C. Only (i) D. Only (i) Design does not include A. Features of shape B. Composition of lines or colours C. Mode or principle of construction D.None of others. The remedies available for the trademark infringement are to those applicable for copyright infringement. ‘Athe same A Bimore favorable Clless favorable D.completely different Which of the following is NOT an example of literary work? a. A book b. An engineer report or specification c.A bus timetable 4A legal document ‘When a machine is protected by registered design, the drawing of this machine is. 28IPR102 Hic triic tuygn tii https://quizlet.com/_bc9lik a, Also protected by registered design '. Not protected by IP rights c protected by copyright D Protected by patent (i) Graphic works may be considered as artistic works; (i) Accord- ing to Vietnamese law, graphic work is not protected by copyright. A. True! True B. False/ True C. True! False D. False! False (i) The right of paternity requires a person who owns a graphic ‘work to be named as author. (i) According to Vietnamese law, graphic work is not protected by copyright. A True! True B False! True C. True! False D. False/ False () The right of paternity requires a person who creates a graphic ‘work to be named as author. (i) The author reserves the right to object any changes to his original work which would be prejudice to his honor or reputation A True! True B. False/ True True! False D. False/ False (i) Any original work is copyrightable. (i) A waiver of moral rights must be express A True! True B False! True C. True! False D. False/ False (i) Downloading a photograph from a website may be consid- ered as reproduction. (i)In accordance with Berne Convention, any country of the Union could grant a term of protection which exceeds the corresponding term in the Berne Convention. AlTrue! True: BFalse/ True True! False D-False/ False {) The author of a work is always the first owner of the copyright init. (i)In accordance with Berne Convention, any country of the Union could grant a term of protection which exceeds the corresponding term in the Berne Conver A True! True 8B. False! True C.True/ False D. False/ False (i) The author of a work is always the first owner of the copyright init, (il) According to Vietnamese law, a person who has assigned tasks of creating artistic work to his/her employee is the copyright owner of that work AlTrue! True:IPR102 Hic triic tuygn tii https://quizlet.com/_bc9lik BFalse/ True C.True/ False DFalse/ False (i) According to Vietnam law, if a person who has assigned the tasks of creating of artistic work to an independent contractor is not the copyright holder of that work (i) According to Vietnamese law, a person who has assigned tasks of creating artistic work to his/her employee is the copyright owner of that work AlTrue! True BFalse/ True C.True! False DFalse/ False ‘A person will not commit infringement of copyright in a drawing if he copies from the verbal description of i Alive BFalse Unauthorized reproduction of a copyright work is primary infringe- ment of copyright ATrue BiFalse "Without copyright owner's permission/consent" is one of the es- sential elements of copyright infringement. AlTrue B. False Article 50 of TRIPs requires courts or equivalent judicial authority to grant a provisional measure order accordingly the applicant's request Alive B. False According to TRIPs, courts may grant judgment in favor of plaintift in seeking recovery of reasonable attorney's fee. Alrue B. False Punitive damages are not available in Vietnamese law. AlTrue BFalse ‘Account of profit may be applicable in case the plaintiff has made no loss at all AlTrue BFalse Moral rights include a. Integrity right and false attribution right b. Paternity right and false attribution right cc Paternity right, integrity right, and false attribution right d. Paternity right and privacy right Which one of the followings is not incorrect: a, Under Berne Convention, authors shall not reserve moral rights upon they transfer their works to other persons. b. Under Berne Convention, authors shall reserve the right to claimIPR102 Hic triic tuygn tii https://quizlet.com/_bc9lik authorship of their work but not the right to object any changes to their work upon they transfer their work. cc. Under Berne Convention, authors are not allowed to accept any changes to his original works upon they transfer such works to a other persons. d. Under Berne Convention, authors shall reserve moral rights upon they transfer their work to other persons, You and your co-worker are employees of a design company. Both of you are assigned to create a company logo for a client, In this case, a. Only you reserve the right of paternity b . Both you and your friend reserve the right of paternity cc. Only your company reserves the right of paternity d.Your company, you and your friend all reserve the right of paternity ‘Which one of the followings is not correct? a. Paternity right must be asserted in writing before it becomes legally enforceable b b. The employee's integrity right is totally excluded. c. Integrity right does not need to be asserted d. The author could waive his moral rights. Which one of the followings is not an original work a. Work A is copied from Work B. b. Work A is a derivative Work of Work B a The compilation of the unoriginal material called for work or skill or expense. dA photocopy taken by a man Economic rights include 212 ‘a. Reproduction right b. Translation right ' c. Adaption right Public performance right . Public communication right All above Which of the followings may be reproduction 212 a. Temporary copy b. Make any kind of copy even in different size e c. Make a new work based on the original work 4. Downloading a work from a website 2. All of above Which one of the followings may not constitute secondary in- fringement? 212 Without the copyright owner's permission, importing into UK for private or domestic purpose, an article which is an infringing copy of the work ‘Without the copyright holder's permission, selling an article even knowing or having reason to believe that itis an infringing copy of the work Without the copyright holder's permission, leting for hire an article even knowing or having reason to believe that itis an infringing copy of the work Without the copyright holder's permission, distributing otherwise than in the course of business to such an extent as to prejudice the copyright owner an article even knowing or having reason to believe that itis an infringing copy of the work Without the copyright owner's permission, importing into UK for private or domestic purpose, an article which is an infringing copy of the workIPR102 Hic triic tuygn tii https://quizlet.com/_bc9lik Which of the followings is not "use in the course of trade” 212 Fixing the sign to goods Fixing the sign to the business paper Presenting the sign for teaching purpose Selling the goods under the sign To be granted a provisional measure order, the applicant must: 22 Provide any reasonable evidence to prave that he/she is the right holder of copyright Provide any reasonable evidence to prove that his/her rights are being infringed or that such infringement is imminent Provide security All above Presenting the sign for teaching purpose All above Which of the following actions may constitute an infringement? 212 Using the descriptive sign of the goods in accordance with honest practice Using a well-known trade mark in the course of a business Using the geographical indications of the goods in accordance with honest practice Using his own registered trademark ‘Who is not an author of the artistic work? 2I2 ‘A person who solely creates the artistic work. ‘A person who fixes the picture on whatever medium, ‘A person who merely provides ideas. ‘A person who jointly provide significant contribution to create a copyrightable artistic work. A person who merely provides ideas. Using a well-known trade mark in the course of a business If the design is not put to practical use 212 Its legal protection shall last for 10 years from the time it is created Its legal protection shall last for 15 years from the time itis created Its legal protection shall last for 05 years from the time it is created Its legal protection shall last for 20 years from the time its created To be granted suspension of release by custom authorities, the applicant must 212 Provide adequate evidence to prove that under the laws of the Country of importation, there is prima facie an infringement of the right holder's intellectual property right All above ‘Supply a sufficiently detailed description of the goods to make them readily recognizable by the customs authorities provide a security or equivalent assurance sufficient to protect the defendant and the competent authorities and to prevent abuse All above Which of the followings is wrong 212 Both UK and Vietnam are members of Berne Convention Both UK and Vietnam are members of Paris Convention According to Paris Convention, industrial property includes TRIPs agreement is one of WIPO-administered treaties, patents, utility models, industrial designs, trademarks, service marks, trade names, indications of source or appellations of ori- gin, and the repression of unfair competition TRIPs agreement Is one of WIPO-administered treaties, Its legal protection shall last for 10 years from the time itis created You are a graphic designer working for a design company, Which of the followings is your wrongful action? 212 When your friend wants you to share him/her some designs which you have made for your company, you say no 5128IPR102 Hic triic tuygn tii https://quizlet.com/_bc9lik You copy some designs which have been made by your co-worker and record them in your company's hard disk You copy your company's undisclosed database in relation to design technique and keep it in your own laptop without your company's permission You always lock your computer and drawers before you leave your office ACD shop sells a parallel import CD which was published a year ago. Is the act an infringement of copyright? 212 True False The copyright owner needs to prepare all necessary copyright documents before invoking the Fast Action Scheme to stop in- fringement, Otherwise, the Customs and Excise Department may refuse to accept the complaint on the ground of insufficient doc- ‘uments. Is it correct? 212 True False The organizer of the World Cup exclusively licenses the Cable TV {for broadcasting the World Cup football matches. Therefore, TVB. broadcasts animated goal clips. Did TVB infringe copyright? 212 True False For intellectual property owners, issuing waming letters to in- {ringers is the first and necessary step. Is it correct? 22 True False The Customs and Excise Department has power to investigate cases of copyright infringement. Is it correct? 22 True False TTen years ago, in order to open up Hong Kong market, a foreign company commissioned a Hong Kong company to sell its new products. Because of the 10-year promotion, good products qual- ity and after-sale service provided by the Hong Kong company, Hong Kong people like the new products very much. When Cus- ‘tomsers face any problems, they seek help from the Hong Kong company. Recently, the foreign company has decided to terminate the exclusive agency relationship with the Hong Kong company and to commissioned another company for the sale of those products. Does the Hong Kong company have rights to prohibit the foreign company from commissioning another company to sell the new products? 22 True False A famous American artist took a photo of a man facing upward with tens of kitchen utensils hung on his body. After publication, the photo was much appreciated by the art industry and the industrial ‘Company A made reference to the photo, taking another photo which contains a woman hanging tens of combs and brushes in place of kitchen utensils. The company published the photo in Hong Kong afterwards. Did company A infringe the copyright owned by the artist? 212 5128 You copy your company's undisclosed database in relation to design technique and keep it in your own laptop without your ‘company's permission Tue True False False True False FalseIPR102 Hic triic tuygn tii https://quizlet.com/_bc9lik True False Under Berne Convention, in most cases, the copyright shall last for 212 a. The author's life plus 70 years b. The author's life . The author's life plus 50 years e. All of above Under UK law, most copyrights shall last for 212 a. The authors life plus 70 years b.The author's life cc. The author's life plus 50 years ©. All of above Regarding Beme Convention, which one ofthe followings is not correct 22 a. Copyright in an anonymous or pseudonymous work lasts 50 years after the work has been lawfully made available to the Dublic unless the identity ofthe author becomes known within the above-mentioned period. b, Copyright in an anonymous or pseudonymous work lasts for the author’ Ife plus 50 years in case the author's identity is avaiable and there is no doubt about his/her ident ¢. The counties of the Union shall not be required to protect anonymous or pseudonymous works in respect of which itis reasonable to presume that their author has boon dead for fifty years 4. In any case, copyrightin an anonymous or pseudonymous work lasts 50 years after the work has been lawfully made available to the publi First ownership of copyright shall be tested by (i) Whether the designer is an employee (i) Whether the work is created in the course of employment 22 (a). Both {0}. Neithor() nor Gi) {c) Either () oF Gi) (4). Ony (i) Who is not an author ofthe artistic work 212 2. A person who solely creates the artistic work -A person who fixes the picture on whatever medium «.A person who jointly provide significant contribution to create a copyrightable aristic work 4.2 person who merely provides ideas, Which one of the followings is not true: 212 Your friend gives you a copy of a drawing and you have reason to know that that copy has been taken without the copyright owner's, ‘consent. You bring this copy to UK. In this case, you commit secondary infringement of copyright. b. You import copies of cartoons into UK for your professional purpose and you have reason to know that those copies have been taken without copyright owner's permission. In this case, you commit secondary infringement of copyright. .You import copies of cartoons into UK for your private collection and have reason to know that those copies have been taken without copyright owner's permission. In this case, you do not 28IPR102 Hic triic tuygn tii https://quizlet.com/_bc9lik commit secondary infringement of copyright. d. You import copies of cartoons into UK for your private collection but you have no reason to believe that those copies have been taken without copyright owner's permission. In this case, you do not commit secondary infringement of copyright. Which one of the followings is not secondary infringement 22 a. Without the copyright holder's consent, providing means for making infringing copies without copyright owner's permission ven knowing or having reason to believe thal itis to be used fo make infringing copies b. Without the copyright holder's consent, possessing an article for private purpose even knowing or having reason to belive that it b is infringing copy of the work «Without the copyright holder's consent, possessing an article in the course of a business even knowing or having reason to believe that itis infringing copy ofthe work 4. Without the copyright holder's consent, exhibiting inthe public in the course of a business an article even knowing or having reason to believe that its infringing copy ofthe work The civil remedies against copyright infringement include: 22 2. Delivery-up and compensatory damages »- Provisional measure, injunction, delivery-up, compensatory > damages, punitive damages, and account of profits ¢. Injunction and compensatory damagos d. Delivery-up and account of profits In case of copyright infringement, the copyright holder can uso 22 8. Only injunction 4 .Only delivery-up c. Only compensatory damages 4. Each of (a, (b), (c) or combination To be granted a provisional measure order, the applicant must 22 a. Provide any reasonable evidence to prove that he/she is the right holder of copyright 4 »: Provide any reasonable evidence to prove that his/her rights are being infinged or that such infringement is imminent. ¢. Provide security 4. All above Which one of the followings is incorrect 22 a. Injunction and delivery-up can be applied even in case the plaintiff suffers no damage. b. Courts may apply provisional measures where any delay is, 4 likely to cause irreparable harm to the right holder. ©. Provisional measurers are applicable if there is a demonstrable risk of evidence being destroyed. d. The combination of injunction and delivery-up is not available if there is no damage incurred to the plaintift. To be granted suspension of release by custom authorities, the applicant must 22 a. Provide adequate evidence to prove that under the laws of the country of importation, there is prima facie an infringement of the d right holder's intellectual property right b. Supply a sufficiently detailed description of the goods to make them readily recognizable by the customs authorities ©. provide a security or equivalent assurance sufficient to protect, 8/28IPR102 Hic triic tuygn tii https://quizlet.com/_bc9lik the defendant and the competent authorities and to prevent abuse d. All above ‘Which of the followings can be patented? 1M a. Mathematical method b. Presentation of information c New materials D Scientific theory Which of followings can NOT be patented? wt a. Discovery of scientific theory b, New methodology of running a technique system c New way of operating an equipment d New application of scientific theory (One of the requirements for an invention to be patented a a. Having individual character b. Not being obvious Being artistic D Being original ‘A patent granted in the one country has legal effect 1 a. worldwide b. only in the country of registration cin the European Union Din country of nationality of the owner Manufacturing an article protected only by a UK granted patent in China is. uM a. A secondary infringement b.A primary infringement Not an infringement of patent D An infringement of IP rights A patent is infringed ... Mh a. Only when every feature within at least one claim is used in the allegedly infringing article or process b. When some features are used in the allegedly infringing article or process The allegedly infringing article or process looks lke the patented d The allegedly infringing article or process is developed from the patented one with consent of the owner ‘An exception to patent infringement is. an 1. Using the patented invention on behalf of the government b. Selling a patented product for non-commercial use ‘© Copying that patent for personal use Using that patent for public use Business methods are. Wn a. patentable in the US but not patentable in the UK b.not patentable in both UK and US ‘patentable in both UK and US D Not patentable anywhere ‘An unregistered trade mark shall be... 1 a. Fully protected b. Partly protected 28IPR102 Hic triic tuygn tii https://quizlet.com/_bc9lik c Not protected D Full protected within limited period Which of the followings can NOT be a registrable trademark? an a. A symbol b-Asmell cA single colour d Ageneric name of the goods The term "Apple" can NOT be a trade mark of. an a. Any business b. Any business selling apples Any business selling smartphones D Any business selling computers. The word "Stee!" can be add in trademark of... at a. Only company producing steel b. Only company not producing steel © Any company D All company As the term "BM Apple" as registered as a trade mark of a company selling apples, the term "BN Apple’. Mt a, Can not be registered as a trade mark of a company selling apples b. Still can be registered as a trade mark of a company selling apples Can be registered as a trademark of all company D Can not be registered as a trademark of any company Which of the followings is correct? 4 a. Trade mark must be a word in English b. Trade mark must be an invented word Trade mark could be a symbol D Trade mark must be pronounceable ‘A trade mark being an invented word must 1h a. Be new b. Be distinctive Indicate the nature of the goods D Be meaningful The term "Gala Apple" could be refused to be a trade mark because, Wt a. It is not pronounceable b. It indicates the nature of one type of apple cis an invented word D itis not clear A.trade mark can be. wt a. Aword b.Asymbol cAsmell d An invented word, a symbol and a smell QN = 69 To be registered as a trade mark, a term must Mt a. Be distinctive . Not indicate the type, quality, purpose or geographical origin of the goodsIPR102 Hic triic tuygn tii https://quizlet.com/_bc9lik © Both distinctive and indicate the type, quality, purpose or geo- graphical origin of the goods D Be meaningful QN = 70 A registered trade mark of one goods. 4 a. Can not be registered as trade mark of other goods in different classes b. Can not be registered as trade mark of services Can not be registered as trademark of other goods in the same. class D Can not be registered as trade mark of any service and goods "js registered as trade mark of Apple Inc., a. Can not be used by a company producing computer and phone b. Can not be printed in a T-shirt © Can not be used by a company selling apple D Can not be used by any company QN = 72 A tool kit can not be protected by.. at a. Copyright b. Patent ¢ Design right D Registered design Referring to a trade mark in news is. at a. An primary infringement of trade mark b. An secondary infringement of trade mark Not an infringement of trade mark d An infringement of copyright Using a trade mark in a different writing style is, WM a. An infringement of trade mark b. Not a primary infringement of trade mark Not a secondary infringement of trade mark D An infringement of copyright Trade mark includes, an 1. Only registered trade mark b. Only unregistered trade mark Both registered and unregistered trademark D Neither registered nor unregistered trademark Collective trade mark means, an a, There are many users of this trade mark b. There are many owners of this trade mark There is a collection of trademarks used by one company There is a collection of products sharing this trademark. Protected trade marks include. 4 a. Registered trade marks b. Unregistered trademarks ¢ Both registered and unregistered trademark All marks in the market of one specific country To be protected, unregistered trade mark must... an a, Have reputation b. Be distinctive for the goods or services for which it has been usedIPR102 Hic triic tuygn tii https://quizlet.com/_bc9lik ¢ Both be distinctive and have reputation Be distinctive but do not have reputation What is NOT “get-up" of a well-known bakery shop? at a. Client b. Packaging Decoration style d Name Passing off refers to infringement of... at a. Registered trade mark b. Unregistered trade mark ¢ Both registered and unregistered trademark 4 Neither registered nor unregistered trademark Unregistered trade mark... 4 a. Can not be protected by IP law b. Can be protected by IP law upon the satisfaction of require- ments Can be protected by IP law in all cases d Can be protected by IP law in limited area Which of the followings is NOT a requirement for passing off? wt a, Confusion . Within geographical area c Damages d Providing similar product For the purpose of showing damage in a passing-off action, the owner MUSt. aM a. Show actual loss . Demonstrate high risk of loss of business arising from the confusion Calculate the number of clients before and after passing off d Proving the activity of imitation Which of following is NOT passing-off? wt a, Selling used item as a new one . Copying an existing business names Persuading clients of a well-known shop to try other goods or services d Using similar decoration of an existing business names ‘A salesman of a bags shop exhibited and sold a fake Chanel Clutch for 1.000,000vnd (provided that the real Chanel clutch costs 20.000.000vn ). But he told clients that this clutch is fake. This is, Wt a. A passing off b, Not a passing off but an infringement of trademark cA passing off and an infringement of trademark d Neither a passing off nor infringement of trademark Which of the following statements is true? a a. Fair dealing means that only insubstantial part of a work may be used b. Fair dealing with a work is permitted c. Quoting from a work in eriticism or review Is permitted providedIPR102 Hic triic tuygn tii https://quizlet.com/_bc9lik that the critic or review is fair dd. Developing a single part of a work is fair What is the correct statement about ‘originality’? Wn €. Originality means ‘not copied’ and nothing more b. Originality requires creative effort . Originality means that the creator does not copy others! work and has contributed skill or labour. 4d. Originality means being totally new Which of the followings is not a category of copyright? an a. Literary works b. Sculpture © Furniture d Computer progammes Which of these events potentially triggers the right of attribution wt a. Broadcasting a recording of a song on the radio , Uploading a song to a file-sharing website . Broadcasting a recitation of a poem on the radio d. Using a song in a film false attribution as an author. at a, Is made if a reasonable reader of the work would think that claimant was the author b. Is made where particular words are attributed to the claimant without consent ¢. Is made if the name of author is not mentioned 4. Is made if the work is re-written, Which of these rights is not generally regarded as part of design law? 4 a Registered designs b Design right Trade mark right d Both registered designs and design right Design right. Mn a. Can arise however the design is created and regardless of ‘whether or not any copyright arises. b. Apply to the individual elements of a design c Only protects the visible parts of designs d Is only applied upon registration, ‘A design has individual character if 1 a. It appeals to the eye of the ordinary consumer b. It gives a different overall impression, when compared with prior designs, to someone who is an interested consumer for the products in question The difference over previous designs are not trivial dEvery one can find the difference between this design and others To apply for a patent, an inventor must. 4 a. File an application at a patent office which must comply with formal and technical requirements bb. Demonstrate that their invention works Slate the date on which the invention was first “reduced to practice” Apply itIPR102 Hic triic tuygn tii https://quizlet.com/_bc9Iik You can infringe a patent by. Mt a. Making a product for your own personal use b. Publishing drawings of the praduct on your website Selling main components of the product, together with instruc- tion how to assemble it using commonly available fastening com- ponents, d Talking about it ‘The author of copyright of a writing is 4 The person who provides ideas for this writing b. The person who expresses this writing ¢ Both the person who provide ideas for and express this writing d The person who copying this writing ‘The owner of copyright of a music sound recording is the. 4 a, Author b. Singer ¢ Producer d Recorder ‘Simplifying a written story without consent of author is. Mt a. Infringement of copyright b. Plagiarism Passing off d False attribution Copyright is protected an 1a, Everywhere in the world b.By being registered ‘When the works in question is created Only in the country where itis registered 100 A registered design can not be protected by. an a. Copyright b. Design right Patent d Registered design What protects the intellectual property created by artist? an a. Trademarks b. Copyright ¢. Patents 4d. Confidential information What protects the intellectual property created by designers? wt a. Copyright bb. Registered designs , Both copyright and registered designs 4d. Neither copyright nor registered designs What does NOT protects the intellectual property created by designers? Wt a. Copyright b, Patents, c Registered designs 4 Design rights, What does a trademark protect? atIPR102 Hic triic tuygn tii https://quizlet.com/_bc9lik a. A work of art b.A secret formula cc. Logos, names and brands d. General information ‘You write an original story, what type of intellectual property right that you can claim? Mn a. Copyright b. Trademarks c. Registered designs d. Patent Ia famous signer sets up her own company to sell her own range of clothes, what type of intellectual property right can she use to show that the clothes are made by her company? at a. Copyright b. Trademarks ©. Registered designs d. Patents Ifa company develops a new technology for producing a special range of clothes, what type of intellectual property right can it use {o prevent other from using such technology an a. Copyright b. Trademarks ¢. Registered designs 4. Patents ‘An author of a song wants that people will refer to his name whenever they sing that song, What type of intellectual property right can he claim? an a. Copyright b, Trademarks c Registered designs d Patent ‘Adding some words in a song without consent of author is an infringement of. wt a. Reproduction right . Public performance right Integrity right d False attribution ‘Singing a song in a party with friends is. wt a. Infringement of reproduction right b. Infringement of public performance right Cc Infringement of false attribution right d Not an infringement of copyright ‘Andy translates a book into Vietnamese with consent of the author. However, in this translated version, Andy re-arranges different parts of the book. Andy might commit infringement of. 1 a. Translation right b, Reproduction right Integrity right d False attribution Cindy has very detailed and interesting ideas on writing a book Based on these ideas, David writes a book without attribution of Cindy. DavidIPR102 Hic triic tuygn tii https://quizlet.com/_bc9lik 1" a. infringes paternity right b. infringes adaptation right Infringes reproduction right d not infringes intellectual property right Which of these statements is true about the general nature of Passing off? Ww a. The defendant must intend to cause loss b. The misrepresentation must be intentional There must be a false representation D There must be actual damages A literary work must be....... for being protected by copyright WW a.long b. complex Neither long nor complex Long and complex The protection of copyright excludes at a.A single word b. Songs CA ist of names and addresses in a telephone directory d Computer programmes ‘A technical drawing is protected by. 4 a. Copyright b. Registered designs ¢ Both copyright and registered dos D Patent ‘A photograph is protected by WW a, copyright b. patent registered design D Trademark Copyright is NOT applied to Mn a. Songs b. Video tapes c Broadcasts d None of them The owner of copyright of a book written on author's own is at a. Its author . The publisher of the book The person who prints it with consent of the author D The person who provide the ideas for this book Ifa book cover is designed under the order of a publisher, the ‘ownership of this page is, at a. The author of the book The designer of this book cover The publisher D Public designer's an employee of a publisher. Then, copyright ofall his artistic works under employment contract is owned by. 4 a. This publisherIPR102 Hic triic tuygn tii https://quizlet.com/_bc9lik b. This designer © Both publisher and designer D Neither publisher nor designer If copyright material is created by a computer, the owner of this copyright is at a. The computer b. The company producing this computer The person making the arrangement necessary for that creation D Nobody Paternity right ut a. Is similar to copyright b. Lasts forever c can be transferred D Is given only to the author of an artistic works Paternity right does NOT apply to: an a, A book b. Computer programmes c An article DA photograph Ais a movie-star. B takes a photograph of A and sells it to a magazine, 4 a.B infringes on A's copyright b.B infringes A's privacy right © B does not infringe any IP right DB infringes A's trademark An articie is referred to without naming the author. This is an infringement of. 1" a. Reproduction right b. Paternity right c Integrity right D False attribution ‘Which of the followings is NOT primary infringement of copyright? Tp a. Copying part of a work without consent of author b. Importing infringing copies Translating a work without consent of author D Adapting a work without consent of author To be protected by copyright, a creative work must be. a 1, Fixed in a tangible medium both original and fixed in a tangible medium D Spoken’ Which of the followings is secondary infringement of copyright? wt a. Possession of or dealings with infringing copie '. Performing the work in public c Duplicating the work D Selling a work Ss Fair dealing means... WN ‘a. Exception to IP rights infringement b. Exception to copyright infringementIPR102 Hic triic tuygn tii https://quizlet.com/_bc9lik Exception to trademark infringement Exception to patent infringement What is not relevant purpose for applying fair dealing an a. Commercial purpose ». Educational purpose ‘News reporting D Reviewing purpose Which of the followings is an infringement of copyright? wt a, Reading a book without consent of the author b. Listening to a song without consent of the author Translating an article without consent of the author D Researching a paper without consent of the author Computer programmes can be protected by... 1 a. Design rights . Copyright ¢ Trademark D Patent ‘A triangle eyeglasses box can be protected by. "1 a. Design rights b. Copyright Patent D Trademark The design of contact lenses can a a. Be protected by design rights b. Not be protected by design rights Be protected by patent D Not be protected by patent Design right applies when. 4 a. The design is recorded b.The design is registered The design is published D The design is showed Amachine with artificial intelligence created a 3D sculpture. The owner of design right of this sculpture is... at a. This machine b. The person by whom the arrangements necessary for the cre- ation of the design are undertaken c Nobody D Public ‘The ownership of design right can a a. Be fully transferred b. Be only partly transferred © Not be transferred D Be only transferred for a limited period Infringement of design right occurs when. a a. It exists two similar designs b.Itis shown that the alleged copyist had access to the design in question The activity of copying is proven D The design in concerned is registeredIPR102 Hic triic tuygn tii https://quizlet.com/_bc9lik Buying a toy car being protected by registered design is 1" a. secondary infringement of design right b.A primary infringement of design right Not an infringement of design right d An infringement of copyright Anarticle of company X was designed by its employee.- Mr. Y. Two years later, X transfers design right ofthis article to other company without consent of ¥. Such transfer is... Mh a. A secondary infringement of design right b.A primary infringement of design right © Not an infringement of design right D An infringement of copyright ‘The protection of design right is applied... WW 4. To all original and non-commonplace articles b.To only registered articles ¢ To only some technical objects D To only some artistic works Ina dispute on design right, . an a. Alleged copyist must prove not copying. b-The owner must prove copying c The Government must prove copying D Nobody is in charged of proving copying © be protected by registered design, the owner must. 4 a. Prove copying b. Show the designs are the same or very similar © Publish the design one year earlier D Show an application of the design ‘To be protected by design right, an article must NOT. wt a, Be original b. Be non-commonplace Have an individual character D be original and non-commonplace To be protected by registered design, an article must a a, Have an individual character b. Be original Be non- commonplace DBenew ATM machine is protected, at a. Only by design right . Only by patents By both design right and patents D By trademark ‘Awooden chair is protected by registered design. After seeing this chair, a chocolate shop makes a chocolate bar with the design of this chair. Such acts. a. A secondary infringement of registered design .A primary infringement of registered design © Not an infringement of registered design D An infringement of patentIPR102 Hic triic tuygn tii https://quizlet.com/_bc9lik Once a design is registered in the UK, it will be protected. Wn" a.worldwide b. Only in the UK c In any country where such registration is applied D Outside of the UK Donald Trump wanted to start a website called donaldtrump.com and found out someone had purchased the domain name and was refusing to settle it unless Mr. Trump paid an enormous sum of money, Mr. Trump could use the following law as a remedy: ont ‘A.The Digital Millennium Copyright Act B.The Anti-Cybersquatting Consumer Protection Act C.Both A and B. D.None of the above Commercial use domain names will normally use the following suffix in their website address, ont anet b.gov c.com dorg Which of the following statements is true? Ta a. Trademark registrations can be renewed for an unlimited num ber of ten-year periods. b.Trademark law is intended to protect the owner's original work, .To qualify for federal protection, a mark must be distinctive and have a "secondary meaning’ d.Surnames alone can be trademarked. ‘What action would a person bring against someone who steals a trade secret? ont ‘A.Economic Espionage Act B.nfringement action C.Misappropriation D.Violation of trademark law ‘The ownership of copyright cannot be transferred from the right ‘owner to another person at True False The value of IPR is not recognized ant True False The permission may be extended to full use of all IPRs or limited to a particular geographical or technical field. wt True False There is no compulsory license in UK. an True False In nature, an assignment is identical to an exclusive license an True False False False True False FalseIPR102 Hic triic tuygn tii https://quizlet.com/_bc9lik license in which the licensee has no competitor within a licensed territory iD A.Asole license. B.An exclusive license CC. Anon-exclusive license D.None Alicense in which the licensor may grant the permission to a third person other than the licensee MM a.Asole license b. An exclusive license c. non-exclusive license d. None A license in which the licensee has one competitor who is the licensor, wt a. Asole license b. An exclusive license A non-exclusive license d. None Which one of the followings is not incorrect? at a. According to an exclusive license, a licensee may sublicense licensed IPRs to any third person. b.Allicensing agreement must be in written or otherwise it will not be enforceable against parties. c. The parties may agree on restriction of sublicense, 4. A licensing agreement must contain defined terms. Financial compensation may be WW a. Lump-sum b. Royalty . Lump-sum or royalty d. Neither lump-sum nor royalty McDonald's, KFC, and Subway are examples of which of the following eniry modes? ont Ainternational licensing B.international leasing Citurnkey project D.international franchising ‘A reciprocal licensing agreement in which intangible property is transferred between two parties is known as a(n) — an A.exclusive license Bnnon-exclusive license Cross license Ditransfer of license ‘Which of the followings is NOT true? 22 ‘A. "Flowers" are NOT accepted to be registered for flowers B Distinctiveness must be evaluated in connection with the goods to which the trademark is applied C. Common words cannot be used as distinctive signs D. Ifa sign is NOT distinguishable, it cannot be treated as a ‘trademark The use of one registered trademark without the owner's permis- sionIPR102 Hic triic tuygn tii https://quizlet.com/_bc9lik 1 ‘A.is an infringement of this registered trademark in all case Bis never an infringement of this registered trademark Cis an infringement of another registered trademark D.is an infringement of this registered trademark in some circum- stances Which of the followings is NOT correct? Te ‘A.The applicant must list goods/services for which the trademarks to be used B.The trademark which is registered in UK is automatically pro- tected in Vietnam C.Under Nice Agreement, goods are divided into 34 classes D.The registration must be renewed by paying fee Requirement for a mark to be registered as trademark is, a" ‘A.not an infringement of other's right Bio be new Cito be creative Dito be original ‘Which one of the followings is incorrect? a A.Injunction and delivery-up can be applied even in case the plaintiff suffers no damage. B.Courts may apply provisional measures where any delay is likely to cause irreparable harm to the right holder. C.Provisional measurers are applicable if there is a demonstrable risk of evidence being destroyed. D.The combination of injunction and delivery-up is not available if there is no damage incurred to the plaintiff. When you present your idea to your client, the confidential infor- mation may be available to himiher. Confidential information . Wn Ais only mentioned in confidential files, B.could be something shared to client C.only relates to trademark Donly relates to patent x Cannot be treated as confidential information an A.List of clients B.Management methodology C.Name of company's owner D. Elements of product Which of the following is a generic term? B."Apple” for computers ‘amel" for cigarettes "Kodak" for cameras Which of the followings is NOT “use in the course of trade"? a Fixing the sign to goods B.Fixing the sign to the business paper C’Presenting the sign for teaching purpose D\Selling the goods under the sign Which of the following actions may constitute an infringement? wt A.Using the descriptive sign of the goods in accordance with honest practiceIPR102 Hic triic tuygn tii https://quizlet.com/_bc9lik B.Using a well-known trade mark in the course of a business C.Using the geographical indications of the goods in accordance with honest practice D.Using his own registered trademark ‘You are a graphic designer working for a design company. Which of the followings is your wrongful action? wt ‘A.When your friend wants you to share himvher some designs ‘which you have made for your company, you say no B.You copy some designs which have been made by your ‘co-worker and record them in your company's hard disk C.You copy your company's undisclosed database in relation to design technique and keep it in your own laptop without your company’s permission D.You always lock your computer and drawers before you leave your office Which of the followings may be distinctive? Nn ‘A.A non-descriptive word bearing arbitrary meaning in relation to the goods on which they are used B.An exclusive descriptive sign C.A generic term DLA geographic name In order to determine whether a company commits passing off, the determinative factor is whether wt A.products are similar Bithe buyer is misrepresented which leads the buyer to believe that the products were produced by the true owner C.products are sold within one geographic area D.there are marketing activity using such trademark A registered trade mark can be revoked if it has NOT been used years after the registration, A trademark cannot be. Wt AAnormal word B.Words used out of context CA shapes DA country name Which of followings is correct? at APassing of is an infringement of only unregistered trademark B.Passing of is an infringement of only registered trademark C-Passing of is an infringement of both unragistered and regis- tered trademark D.Passing of is an infringement of neither unregistered nor regis- tered trademark A trademark is represented by several key characteristics, Which Of the following is one of them? ‘AAA trademark identifies a product's origin B Slogans are not covered under trademark law C.Trademarks are never an indicator of quality C. Trademarks are "shorthand" for retailers to use in determining pricing strategyIPR102 Hic triic tuygn tii https://quizlet.com/_bc9lik What action would a person bring against someone who steals a trade secret? a ‘A.Economic Espionage Act Binfringement action C.Misappropriation D.Violation of trademark law Trademark law protects. 4 ‘AWords, symbols or devices that differentiate goods or services from one another B.Only brand names C\Names of specific people and places D.lnventions that feature some sort of utility function ‘Which of the following statements is true? at ‘A. Trademark registrations can be renewed for an unlimited num- ber of ten-year periods. B.Trademark law is intended to protect the owner's original work. To qualify for federal protection, a mark must be distinctive and have a "secondary meaning, D.Sumames alone can be trademarked, Which of the following statements about the duration of Design Right is the most accurate? A.Designers who do not get their designs to market within 5 years of creating them will lose some protection Biltlasts 15 years C Licenses of right are available after a product has been market- ed for 5 years Ditlasts 10 years The definition of a design for the purposes of Registered Design protection 4 ‘A.lncludes internal and external features of a product B.Can include features that are only visible when the product is turned on C.lncludes colours, textures and sounds D.Covers only industrially manufactured products The Community Unregistered Right: at AGives the same rights as a registered design, but for a shorter duration B.ls different in that novelty is assessed as at the date the design was created C.Provides an anti-copying right D.Lasts § years What is NOT be protected by any type of IPR? at A Surface decoration B Arrangement of object C.Drawing DA video Ifthe design Is put to practical use that means that the articles are made and sold, hired or advertised 1" Alts legal protection shall last for 10 years from the end of the year in which the articles are sold, hired or advertised B.lts legal protection shall last for 05 years from the end of the year in which the articles are sold, hired or advertisedIPR102 Hic triic tuygn tii https://quizlet.com/_bc9lik its legal protection shall last for 15 years from the end of the year in which the articles are sold, hired or advertised Dts legal protection shall last for 20 years from the end of the year in which the articles are sold, hired or advertised Which of the followings may be distinctive? 1" ‘AA natural shape of a good BA single color C.A new cartoon & a non-descriptive invented word DAA functional shape In which case the designer owns rights in a registered design 1 ‘A.The designer created the design in the course of employment B.The designer created the design under commission The designer created the design at his own expenses for his ‘own purpose D.The designer assigns his registered design to another person Which one of the followings is NOT correct? an AA part or parts of an article which connect it to another article shall not be protected by design right B,Anyone can make exhaust system for a car C.The fuse holder can be copied without permission D.A method of construction is NOT protected by design right may be patented. i AA discovery of natural phenomenon B.improvements to old technologies. C.A mathematical theory DiManagement skills Which one of the followings shall NOT be registered to be protect ed by registered design? an ‘A.The surface decoration of wrap BIA feature of a product is dictated by its function CA stylistic appearance of a product Duuniforms may be patented. 1 ‘A.A method of performing a medical procedure B/An artistic work CA novel DA game Ifthe design is NOT put to practical use, at Als legal protection shall last for 10 years from the time itis created B.lts legal protection shall last for 15 years from the time itis created Cilts legal protection shall last for 05 years from the time itis created Dilts legal protection shall last for 20 years from the time itis created In which case the designer owns rights in a registered design? ‘A.The designer created the design in the course of employment B.The designer created the design under commission C.The designer created the design at his own expenses for his ‘own purpose D.The designer assigns his registered design to another personIPR102 Hic triic tuygn tii https://quizlet.com/_bc9lik To be registered as a patent, the invention must. an Abe new B.be obvious C.have individual character D.be commonplace Under Berne Convention, in most cases, the copyright shall last for wt A.The author's life plus 70 years B.The author's life C.The author's life plus $0 years 0.70 years Which of the following is NOT true? at ‘AYour friend gives you a copy of a drawing and you have reason to know that that copy has been taken without the copyright owner's, consent. You bring this copy to UK. In this case, you commit secondary infringement of copyright B.You import copies of cartoons into UK for your professional purpose and you have reason to know that those copies have been taken without copyright owner's permission. In this case, you commit secondary infringement of copyright .You import copies of cartoons into UK for your private collection and have reason to know that those copies have been taken without copyright owner's permission. In this case, you do not commit secondary infringement of copyright D.You import copies of cartoons into UK for your private collection but you have no reason to believe that those copies have been taken without copyright owner's permission. In this case, you do not commit secondary infringement of copyright may constitute infringement iia ‘A.Only copying the whole work B.Taking a small part of the copyright work .Reading the whole work D.Researching the whole work Who is NOT an author of the artistic work? at ‘AA person who solely creates the artistic work. B.A person who fixes the picture on whatever medium. C.A person who jointly provide significant contribution to create a copyrightable artistic work DA person who merely provides ideas. To be granted a provisional measure order, the applicant must. Mn ‘A Provide any reasonable evidence to prove that he/she is the right holder of copyright B.Provide any reasonable evidence to prove that his/her rights are being infringed or that such infringement is imminent C.Provide security DAI above ‘A famous American artist took a photo of a man facing upward with tens of kitchen utensils hung on his body. After publication, the photo was much appreciated by the art industry and the industrial. Company A made reference to the photo, taking another photo which contains a woman hanging tens of combs and brushes in place af ktchon utanale, The company published the photo Hong Kong afterwards. Company A anIPR102 Hic triic tuygn tii https://quizlet.com/_bc9lik Acdid not infringe the copyright owned by the artist B.infringe the copyright owned by the artist infringe the trademark owned by the artist D.infringe the design right owned by the artist The requirement for a sound recordings to be protected by copy- right is/are, Mt ‘Aconly being intentionally created Boonly not being a copy of previous record C.being both intentionally created and not a copy of previous record D.not being intentionally created nor a copy of previous record ‘The duration of database right is. at ‘Aas long as copyright B.shorter than copyright C.longer than copyright D-dependent to the will of owner Paternity right is... at ‘A.applied to all works protected by copyright B.applied to almost works protected by copyright, except comput- er progammes and collective works applied only to computer programmes Daapplied only to collective works Integrity right. 7 Ais an economic right B.can be transferred Cllast longer than copyright D.can only be left by copyright owner ‘There is NOT infringement of copyright when. at ‘Aa copy is made in different medium B.a small part of work is copied Cthe work is translated into a foreign language D.the work is reviewed To enforce copyright to prevent a product from being copied: a A.The claimant's product must be represented in an artistic work. B/Articles made to the design must have been marketed C-The defendant's product must be a substantial copy of the claimant's product D.The claimant's designer must have created the design for the claimant's product in the form of a drawing or a model that is an artistic work ‘A singer wishes to assign the right to reproduce a video she has made of her concert, wh A.Copyright B Trademark CPatent D.ndustrial designs In most countries, how long does copyright last for? Wn A.10 years after the creation of the work B.50 years after the creation of the work C.10 years after the death of the person who created that work D.50 years after the death of the person who created that workIPR102 Hic triic tuygn tii https://quizlet.com/_bc9lik Liability for infringement of copyright can be avoided in Aifitis taken negligently Biifitis taken intentionally Cifitis used for commercial purpose Diifit is used for educational purpose To be granted suspension of release by custom authorities, the applicant must 4 A Provide adequate evidence to prove that under the laws of the country of importation, there is prima facie an infringement of the right holder's intellectual property right B.Supply a sufficiently detailed description of the goods to make them readily recognizable by the customs authorities Coprovide a security or equivalent assurance sufficient to protect. the defendant and the competent authorities and to prevent abuse DAIL of others are correct Which of the followings is NOT a Contracting Party to Hague Agreement? AMalaysia B.United States of America C’Singapore DVietnam Which of the followings is wrong? wn A.Both UK and Vietnam are members of Berne Convention B.Both UK and Vietnam are members of Paris Convention C.According to Paris Convention, industrial property includes patents, utility models, industrial designs, trademarks, service marks, trade names, indications of source or appellations of ori- gin, and the repression of unfair competition D.TRIPs agreement is one of WIPO-administered treaties Which value of ideas and information that Intellectual Property Rights (IPR) protect? wt A.thical value B.Moral value C.Social value D.Commercial value The term "WIPO" stands for: Mt ‘AMorld Investment policy organization B.World intellectual property organization C.Wildlfe Investigation and Policing organization D.World institute for Prevention of organized crime A company wishes to ensure that no one else can use their logo wh A.Copy rights B Trademark CPatent D.industrial designs ‘Which of the following is not an intellectual property law? TD AGopyright Act, 1957 B Trademark Act, 1999 C.Patent Act, 1970 D.Design Act, 2000 E.Customs Act, 1962 20128