Question

Hi, I need some help with some MCQ questions on Intellectual Property Law. Thank you!

1. Which of the following is not a legal requirement for a claim for breach of an obligation of confidentiality?
(A) The information must have been marked as confidential
(B) The information is disclosed to a third party without consent of the party originally disclosing the information
(C) The information is not already in the public domain
(D) The information must have a quality of confidence

2. When you purchase a music CD or a book from a retail outlet, what sorts of legal rights do you usually acquire?
(A) The entire copyright in the work contained in the CD or book
(B) A licence to the copyright in the work contained in the CD or book
(C) The right to own the CD media or book containing the work
(D) All of the above

3. Which of the following does not describe a form of use of a trade mark “in the course of trade” in determining if a trade mark has been infringed?
(A) applying it to goods or the packaging thereof;
(B) offering or exposing goods for sale, putting them on the market or stocks them for those purposes under the sign, or offering or supplying services under the sign;
(C) using the sign on an invoice, wine list, catalogue, business letter, business paper, price list or other commercial document;
(D) use of a trade mark for the sole purpose of describing the original trade marked product.

4. Which of the following is not a basic IP strategy that a company should take into account in its IP management strategies?
(A) Minimize risk
(B) Aggressive IP portfolio expansion
(C) Extracting value
(D) Strategic use of IP

5. CoFries secured a patent for “frying food through the use of hot air in an enclosed cooking device”. In CoFries’s fryer, the hot air was created by a tungsten heating element located at the bottom of the fryer. ChippyN decided to create their own version of a fryer which looked very different and where the hot air was created through the use of a halogen tube mounted at the top of the fryer. Which of the following is correct?
(A) ChippyN has not infringed the CoFries patent because of the differences in the location of the heating element.
(B) ChippyN has not infringed the CoFries patent because of the differences in the way the hot air is created.
(C) ChippyN has not infringed the CoFries patent because of the difference in the appearance of the fryer.
(D) ChippyN has infringed the CoFries patent because the patent covers the idea of frying food through the use of hot air in an enclosed cooking device.

Answer 1

1. Which of the following is not a legal requirement for a claim for breach of an obligation of confidentiality?

Correct answer is "(D) The information must have a quality of confidence"

An obligation of confidentiality can be breached by either disclosing confidential information to other, or using the confidential information for an unauthorized purpose. The law of confidential information is not restricted to preventing unauthorized disclosures of confidential information. A person who has received information in confidence must not make use of it to the prejudice of the person who disclosed it without first obtaining their consent.

2. When you purchase a music CD or a book from a retail outlet, what sorts of legal rights do you usually acquire?

Correct answer is "(C) The right to own the CD media or book containing the work"

3. Which of the following does not describe a form of use of a trade mark “in the course of trade” in determining if a trade mark has been infringed?

Correct answer is "(D) use of a trade mark for the sole purpose of describing the original trade marked product."

4. Which of the following is not a basic IP strategy that a company should take into account in its IP management strategies?

Correct answer is "(B) Aggressive IP portfolio expansion"

Traditionally, most enterprises that have used the intellectual property (IP) system have done so primarily to create barriers to prevent competitors from entering their market niche. The strategic use of IP assets leads to generation of additional revenues/income, access to new technology/markets, access to R&D facilities, and a host of other possibilities that are potentially unlimited.

5. CoFries secured a patent for “frying food through the use of hot air in an enclosed cooking device”. In CoFries’s fryer, the hot air was created by a tungsten heating element located at the bottom of the fryer. ChippyN decided to create their own version of a fryer which looked very different and where the hot air was created through the use of a halogen tube mounted at the top of the fryer. Which of the following is correct?

Correct answer is "(B) ChippyN has not infringed the CoFries patent because of the differences in the way the hot air is created."

Patent is generally on the design of the product and not on the functionality of the product. Hence, ChippN has not infringed CoFries patent. Since the hot air is created in a different way in ChippN due to its different design specification, hence option B is correct.

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