IPR (Intellectual Property Rights)

According to TRIPs, courts may grant judgment in favor of plaintiff in seeking recovery of reasonable attorney's fee a. True b. False

a

Comparative advertising does not amount to an infringement. a. True b. False

a

For the purpose of succeeding in the case of the registered design infringe ment and prohibiting infringement, the registered owner needs not to prove that the infringer has knowledge as to the existence of the registered design at the time of infringement. Is it correct? a. True b. False

a

Hong Kong Examinations and Assessment Authority possesses the copyright of HKCEE and HKAL questions. One small tutorial school made 20 copies of 2010 HKCEE questions and distributed them to students as an assignment. Did the tutorial school infringe copyright? a. True b. False

a

Hong Kong short-term patent is a registration system. No matter whether the product involves an inventive step or not, the applicant can successfully obtain a short-term patent if he provides requisite documents, information and registration fees. Is it correct? a. True b. False

a

If the application of the registered patent is made after the product is launched, the registered patent can be revoked. Is it correct? a. True b. False

a

If the design is not put to practical use a. Its legal protection shall last for 10 years from the time it is created b. Its legal protection shall last for 15 years from the time it is created c. Its legal protection shall last for 05 years from the time it is created d. Its legal protection shall last for 20 years from the time it is created

a

A CD shop sells a parallel import CD which was published a year ago. Is the act an infringement of copyright? a. True b. False

a

A company exhibited infringing products in a magazine of Hong Kong Trade Development Council. Did the company infringe any intellectual property rights? a. True b. False

a

A formula, device, idea, process, or other information you was in a business that gives the owner a competitive advantage in the marketplace → Trade secrets a. True b. False

a

A non-profit making trade union sends bound copies of some newspaper articles which are extracted from newspapers to more than 600 members every month. Does the trade union infringe copyright? a. True b. False

a

A registered trade mark can be revoked if it has not been used for 3 years after the registration. a. True b. False

a

A salesman of a jewellry shop exhibited and sold a fake Rolex watch for HK$50000 (provided that the real Rolex watch costs HK$50000). Did the jewelry shop commit passing off? a. True b. False

a

A short-term patent can be protected for at most 8 years. Is it correct? a. True b. False

a

A standard patent can be protected for at most 20 years. Is it correct? a. True b. False

a

A superstar Chan Tai Man took intimate photos with his girlfriend. Unknown to Chan, Chan's maid uploaded the photos to the Internet for the public to view. Did the maid infringe copyright? a. True b. False

a

A trade mark which has been registered for many years can never be deregistered from the Trade Mark Registry. Is it correct? a. True b. False

a

If the design is put to practical use that means that the articles are made and sold, hired or advertised a. Its legal protection shall last for 10 years from the end of the year in which the articles are sold, hired or advertised b. Its legal protection shall last for 05 years from the end of the year in which the articles are sold, hired or advertised c. Its legal protection shall last for 15 years from the end of the year in which the articles are sold, hired or advertised d. Its legal protection shall last for 20 years from the end of the year in which the articles are sold, hired or advertised

a

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. a. True b. False

a

In order to determine whether a company commits passing off, the determinative factor is whether the buyer is misrepresented which leads the buyer to believe that the products were produced by the true owner. Is it correct? a. True b. False

a

Infringement of a registered trade mark attracts civil and criminal liabilities. Is it true? a. True b. False

a

Part of an Internet address, such as cengage.com → Domain name a. True b. False

a

Regarding the novelty, relevant date may be (i) Filing date; (ii) Priority date a. (i) or (ii) b. (i) and (ii) c. Only (i) d. Only (ii)

a

Registered designs cannot be treated as confidential information a. True b. False

a

Some of graphic works may be registered as trademarks if they meet the requirements provided by law a. True b. False

a

Taking a small part of the copyright work may constitute infringement a. True b. False

a

The Chinese Patent is an examination system. If the application lacks of novelty and an inventive step, the State Intellectual Property Office will reject the application. Is it correct? a. True b. False

a

The Chinese utility model is a kind of registration system. The applicant only needs to provide necessary information and documents and pay necessary fees to get the patent, no matter whether the product involves an inventive step or not. Is it correct? a. True b. False

a

The Customs and Excise Department has power to investigate cases of copyright infringement. Is it correct? a. True b. False

a

The Fast Action Scheme only protects copyright and registered trade mark. Is it correct? a. True b. False

a

The author reserves the right to object any changes to his original work which would be prejudice to his honor or reputation. a. True b. False

a

The copyright owner needs to prepare all necessary copyright documents before invoking the Fast Action Scheme to stop infringement. Otherwise, the Customs and Excise Department may refuse to accept the complaint on the ground of insufficient documents. Is it correct? a. True b. False

a

The remedies available for the trademark infringement are the same to those applicable for copyright infringement a. True b. False

a

The remedies for passing-off are the same to those applicable for registered trademark infringement. a. True b. False

a

The unauthorized use of a distinctive and famous mark in a way that impairs the marks distinctiveness or harms its reputation → Trademark dilution a. True b. False

a

Under normal circumstances, if a limited company infringes copyright, directors of the company do not bear any liabilities. Is it correct? a. True b. False

a

Under the Copyright Ordinance, the Customs and Excise Department has authority to investigate cases of copyright infringement. Is it correct? a. True b. False

a

When you present your idea to your client, the confidential information may be available to him/her a. True b. False

a

Which of the following is a generic term a. "car" for cars b. "Apple" for computers c. "Camel" for cigarettes d. "Kodak" for cameras

a

Which of the following is not true a. 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 c. 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

a

Which of the followings may be distinctive 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 d. A geographic name

a

Which one of the followings may not constitute secondary infringement 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 it is 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 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 it is an infringing copy of the work

a

Without knowledge and authorization, a retail shop sold a product containing a trade mark which has been used for ages. Did the shop commit passing off? a. True b. False

a

A beverage company sells a drink named as "Cola Cola". Does the company infringe "Coca-Cola" 's intellectual property rights? a. True b. False

b

A distinctive word, symbol, or design that identifies the manufacture as a source of particular goods and distinguishes its products from those made or sold by others → Trade name a. True b. False

b

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? a. True b. False

b

A person purchased a fake Rolex watch from a hawker on Temple Street for personal use. Is this act an infringement of copyright? a. True b. False

b

A trademark that is used to distinguish the services rather than the products of one person or company from those of another a. True b. False

b

A vehicle mechanic installed a counterfeit windshield with the consent of the customer. Did the mechanic infringe the trade mark? a. True b. False

b

According to the Trade Mark Ordinance, a trade mark "Good Favour" can be registered under the class for food. Is it correct? a. True b. False

b

An electrical appliance store sells different kinds of mobile phones. One type of mobile phone is printed with a trade mark "o- phone" Does the act constitute an infringement of i-phone trademark? a. True b. False

b

An electrical appliance store sells different kinds of mobile phones. One type of mobile phone is printed with a trade mark "o- phone". Does the act constitute a claim for passing off? a. True b. False

b

Any sign can be treated as a trademark a. True b. False

b

Article 50 of TRIPs requires courts or equivalent judicial authority to grant a provisional measure order accordingly the applicant's request a. True b. False

b

Community design means a design which owned by the Community. a. True b. False

b

For intellectual property owners, issuing warning letters to infringers is the first and necessary step. Is it correct? a. True b. False

b

In a computer shopping mall, A bought a fake iphone for personal use. Is the act a trade mark infringement? a. True b. False

b

Infringing products are purchased in an exhibition for personal use. Is this act an infringement under Copyright Ordinance? a. True b. False

b

Mona Liza is photoed in the Grand Louvre and the photo is used for publication and public sale. Is the act an infringement under Copyright Ordinance? a. True b. False

b

Over the past few years, company A has organized "Computer Festival" in Shum Shui Po to promote computer products and services. In 2009, company B organized a similar promotion named "Computer Promotion Festival". Did company B pass off company A? a. True b. False

b

Standard patent and short-term patent are to protect the appearance of the product but not the invention. Is it correct? a. True b. False

b

Surface decoration shall not be protected by any type of IPR. a. True b. False

b

Ten 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 quality and after-sale service provided by the Hong Kong company, Hong Kong people like the new products very much. When Customsers 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? a. True b. False

b

The Fast Action Scheme was initiated by the Hong Kong Brands Protection Alliance and Hong Kong Police in 2006. Is it correct? a. True b. False

b

The Mark used by members of a cooperative, Association, Union, or other organization to certify the region, materials, mode of manufacture, quality, or other characteristic of a specific goods or services → Service mark a. True b. False

b

The image and overall appearance of a product → Trade secrets a. True b. False

b

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? a. True b. False

b

The right of paternity requires a person who owns a graphic work to be named as author. a. True b. False

b

The use of one registered trademark without the owner's permission always amounts to an infringement of another registered trademark. a. True b. False

b

Under the Trade Mark Ordinance, the Customs and Excise Department has authority to investigate complaints about trade mark infringement. Is it correct? a. True b. False

b

Which of the following actions may constitute an infringement a. Using the descriptive sign of the goods in accordance with honest practice 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

b

Which of the followings is not correct a. The applicant must list goods/services for which the trademarks to be used b. The trademark which is registered in UK is automatically protected in Vietnam c. Under Nice Agreement, goods are divided into 34 classes d. The registration must be renewed by paying fee

b

Which one of the followings shall not be registered to be protected by registered design a. The surface decoration of wrap b. A feature of a product is dictated by its function c. A stylistic appearance of a product d. uniforms

b

Without the knowledge of managing directors, a company possesses pirated software in its computers. Do the managing directors infringe Copyright Ordinance? a. True b. False

b

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

c

Under Berne Convention, in most cases, the copyright shall last for a. The author's life plus 70 years b. The author's life c. The author's life plus 50 years d. 70 years

c

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

c

Which of the followings is not true 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. If a sign is not distinguishable, it cannot be treated as a trademark

c

Which of the followings may be distinctive a. A natural shape of a good b. A single color c. A new cartoon & a non-descriptive invented word d. A functional shape

c

Which one of the followings is not correct a. A 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

c

You are a graphic designer working for a design company. Which of the followings is your wrongful action a. When your friend wants you to share him/her 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

c

Before disclosing your graphic work which you have just created to any person, you a. (i) make an agreement with him/her thereby he/she promises not to disclose or misuse the graphic work without your permission b. (ii) make sure you are not in infringement of any third person's IPRs if disclosing the graphic work c. Neither (i) nor (ii) d. Both (i) and (ii)

d

To be granted a provisional measure order, the applicant must 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 d. All above

d

To be granted suspension of release by custom authorities, the applicant must 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 c. provide a security or equivalent assurance sufficient to protect the defendant and the competent authorities and to prevent abuse d. All above

d

Which of the followings is not a Contracting Party to Hague Agreement a. European Union b. United States of America c. Singapore d. Vietnam

d

Which of the followings is wrong 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 origin, and the repression of unfair competition d. TRIPs agreement is one of WIPO-administered treaties

d

Which one of the followings is incorrect 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.

d

Who is not an author of the artistic work a. A 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. d. A person who merely provides ideas.

d