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John, a national of country A, has invented a device for automobiles that has an original shape and

improves crashworthiness by up to 80% compared to existing devices. After being marketed and
used by the public, the device has become famous in the market. John has realized that his
invention is being used in country B, where he has not obtained protection for his invention. Can
you enforce your rights in country B on the basis of the protection you enjoy in your home
country?

No, since it has not used the PCT system to secure its rights in country B [b].
No, since the IP rights of the are territorial and John has not obtained protection in
country B [c].
Yes, since he is the inventor of the device and has exclusive rights to its use [d].
Yes, since the invention is famous all over the world [a].

Which of the following statements is correct?


Select one:
Once registration has been effected under the Hague Agreement, countries that have
been designated are not entitled to refuse protection [c].
To register an industrial design under the Hague Agreement it is necessary for the right
holder to first file an application for registration in its country of origin [b].
Registration of an industrial design under the Hague Agreement provides the right
holder with worldwide protection [a].
Prior registration of an industrial design in the country of origin of the right holder is
not required under the Hague Agreement [d].

For which of the following activities is the authorization of the rights holder not required
under plant breeding?
Select one:
Sale or any other form of commercialization [c].
Use for scientific purposes [e]
Import and export [a]
Production or reproduction [f]
Preparation for the purpose of reproduction or multiplication [b].
Offer for sale [d]
In 2001, Ms. Saia registered a trademark in her home country A and in 2002, in countries F,
C, L and N through the Madrid System. In 2003, country A cancelled the registration of
this trademark, which resulted in the cancellation of the trademark in countries F, C, L and
N. What was the reason for the cancellation of the international registration?
Select one:
Ms. Saia has not translated the applications into the languages of countries F, C, L and
N [d].
The cancellation of the national registration has occurred during the first five years of
the life of the international registration [b].
The cancellation of the national registration is always followed by the cancellation of
the international registration [c].
Ms. Saia has not paid the renewal fees to the International Registration Office in
Geneva [a].

Mr. Ulan has invented a new blood pressure measuring device that determines with 100%
accuracy the likelihood of future heart attacks, and has been granted a patent in country A.
Micron Manufacture Corporation (Micron), based in country A, has been in negotiations
with Mr. Ulan for about three years to obtain a license to manufacture the device, without
reaching an agreement. In the meantime, Mr. Ulan has not worked on his invention for five
years after the patent was granted. Is there any mechanism that would allow Micron to
manufacture the device without Mr. Ulan's authorization?
Select one:
Yes, Micron can request an injunction from the competent authority [c].
No, because no one has the right to use the invention without the authorization of Mr.
Ulan, the patent holder [a].
No, there is no mechanism that grants a third party the right to use an invention without
the authorization of the owner [d].
Yes, the competent authority may grant a compulsory license allowing Micron to
manufacture the blood pressure device [b].

The difference between a collective mark and a certification mark is that:


Select one:
a collective mark may be used only by the members of the association while a
certification mark may be used by anyone who satisfies the defined requirements [c].
a collective mark may be used by an intergovernmental organization while a
certification mark may be used only by a non-governmental organization [d].
a certification mark may be used only by the owner of the mark whereas a collective
mark may be used by the members of the association [b].
a collective mark may be used only by the owner whereas a certification mark may be
used by the members of the association [a].

Mr. Ulan has invented a new blood pressure measuring device that determines with 100%
accuracy the likelihood of future heart attacks and has been granted a patent in country A.
Micron Manufacture Corporation (Micron), based in country A, has been in negotiations
with Mr. Ulan for about three years to obtain a license to manufacture the device, without
reaching an agreement. In the meantime, Mr. Ulan has not worked on his invention for five
years after the patent was granted.

Micron would like to know if it could receive authorization from the competent authority to
manufacture the device without Mr. Ulan's authorization. Which of the following
statements is correct?

Select one:
Micron should request Mr. Ulan to grant it a compulsory license to manufacture its
invention [d].
Mr. Ulan has the right to prevent third parties from making his invention during the
period of protection even if he has not used the invention [b].
Micron can obtain a compulsory license from the competent authority to manufacture
the device, since it has been more than three years since Mr. Ulan has used his invention
after the grant of the patent [c].
Micron does not need to apply for authorization from the competent authority to
manufacture the device [a].

Bachus Ltd. produces wines in the Drinkirea region, famous for the quality of the grapes
grown in its lands. The grapes used by Bachus can only grow in the Drinkirea climate,
thanks to the particular environmental characteristics of the region. Greg, the owner of
Bachus, has used three different types of grapes to create a new kind of fruit that offers
similar quality and doubles crop yields on the same acreage. To reproduce such grapes
requires certain conditions that are not part of the general knowledge of the art, and Greg
has stipulated in the employment contract that Bachus employees do not disclose these
conditions to anyone outside the company.

The name "Drinkirea" can be protected as:

Select one:
denomination of origin [c]
geographical indication [a]
indication of origin [b]
all of the above [d]

Uzgen throughout Central Asia. The Buhagrik manufacturers' association wishes to obtain
exclusive rights to the name "Uzgen rice". What kind of protection, if any, can the
association apply for the name "Uzgen rice"? Which of the following statements is correct?
Select one:
The association must apply for protection as a geographical indication since the logo
must be made available to all producers in the region. [d]
The association should apply for protection as a geographical indication since this will
enable Buhagrik to prevent other producers in the Uzgen region from using the same
indication [b].
The registration of "Uzgen rice" as a trademark is likely to be refused as it is a mere
indication of the origin of the rice and is therefore not distinctive [c].
The association should apply for registration of "Uzgen rice" as a trademark since it is
not misleading [a].

Which of the following acts is permitted in the context of unfair competition law?
Select one:
Using a competitor's fame to attract consumers [a]
Acting in a way that conveys a negative image of the competitor's products [b].
Promote products through advertising [d].
Using logos similar to those of competitors in order to confuse consumers [c].

Mr. Gill is a famous author who has written more than 50 books, and he does not know
how to use the Internet. One day, with the help of his son, he happens to access the website
of an unknown company (B) that sells all its books in electronic format on the Internet. Mr.
Gill does not know what to do and seeks advice on how to proceed in this matter. Do you
have any rights in relation to works sold on the Internet?
Select one:
Mr. Gill cannot prevent others from selling his works on the Internet as they are in the
public domain [b].
Mr. Gill has no rights over the works sold on the Internet, as the delivery mechanism is
different [a].
Mr. Gill only has moral rights over the books sold on the Internet, but does not enjoy
economic rights [e].
Mr. Gill enjoys the rights to those works sold on the Internet, and the act committed by
Company B should be considered an infringement [d].
Mr. Gill's rights are limited to printed works, not electronic works, as he has not
contributed to publishing them on the Internet [c].

Max is an engineer who has invented a new object from a leftover piece of metal from his
bicycle and a wooden box he had in his garage. The object is very useful for sliding
downhill and had not been invented before. Max, his engineer friends and various experts
in the field of technology know that he has invented a new object. Therefore, Max applies
for a patent in his country. Max is unable to recreate or show the steps taken to create the
object and only has the original object as a sample of his invention. The patent application
will likely be rejected because:

1. Max cannot provide evidence that he invented the object.


2. the object could not be produced uniformly or on a commercial scale
3. there is no description of the manner in which the object could be produced so that
the person skilled in the art can understand the process
4. the object does not meet the criteria of novelty since it has been shown to other
engineers

Select one:
1 and 4 [d]
2 and 3 [c]
1 and 2 [a]
1 and 3 [f]
3 and 4 [b]
2 and 4 [e]

An Australian pianist performs the music of a famous 18th century composer in a concert
hall. The local radio station records this concert with the intention of broadcasting it to the
public without asking anyone's permission. Is it a legal act?
Select one:
No. The radio station must request the pianist's authorization to record the concert since
it has related rights over the work [d].
Yes. The music was composed in the 18th century and therefore belongs to the public
domain and does not enjoy any kind of protection [a].
Yes. The radio station has only a limited capacity to transmit music that affects only a
small area [c].
No. The heirs of the composer are alive and entitled to remuneration [b].

Ms. Misha is an expert in molecular physics who has invented a new and original procedure
to destroy oxygen in the atmosphere. Is your invention patentable? Indicate which of the
following statements is correct:
Select one:
Ms. Misha will probably obtain a patent for her procedure since it is new and more
effective than existing ones in the same field [c].
the invention qualifies for patent protection, however, it is recommended to keep it as a
trade secret due to patent disclosure requirements [e].
the invention does not qualify for patent protection because it does not satisfy the
"industrial application" requirement of patents [b].
the invention does not qualify for patent protection since the product is excluded from
the scope of patentability [d].
the invention does not qualify for patent protection since it is a process and not a
product [a].

What is inventive activity?


Select one:
The competence required of the inventor to create a new invention [b].
Knowledge added to the invention that is not obvious to an ordinary person [d].
The activities to be performed by the inventor to file a patent of invention [a].
Knowledge added to the invention that is not obvious to a person skilled in the art that
is the subject matter of the invention [c]

The international protection of trademarks lasts:


Select one:
indefinitely, but it is possible to renew it every 20 years [f].
20 years and can be renewed up to three times [a].
7 years and renewal for 10 years is possible [d].
50 years and it is possible to renew it up to 10 times [b].
once it has been registered under the international system, the mark is protected
indefinitely [e].
indefinitely, but subject to renewal every 10 years [c].

Unfair competition legislation is based on:


Select one:
all the above arguments [d]
protection of competitors [a]
consumer protection [b]
safeguarding competition in the interest of the general public [c].

Mr. Matt, a famous inventor in his country who is his uncle, comes to him for advice. His
uncle has discovered an original kind of green mushroom in the garden and would like to
know if he can apply for patent protection for that mushroom. Is your discovery patentable?
Why?
Select one:
No, it is not patentable because it has no industrial application. [c]
Yes, because all patentability conditions are met. [b]
No, because he has not planted the mushroom. [e]
Yes, because it is a natural invention [f].
Yes, because he is the first to discover the fungus. [a]
No, because it is the discovery of a fungus that already exists in nature. [d]

The Government of country A has banned the use of a certain type of cola known as Celus
Cola in the manufacture of soft drinks since research has found that people who consume
the drink are agitated and easily lose control of their mental faculties. The manufacturer of
a soft drink called Shinix is running an advertisement in the press and on television
informing consumers that it does not use Celus Cola in the manufacture of its product. A
competitor, which manufactures the soft drink Shanex, asks for advice since it also does not
use Celus Cola in the manufacture of its beverage. The company name, Shanex, has not
been registered as a trademark. What is the correct answer in case of a lawsuit?
Select one:
A lawsuit may be brought under unfair competition law since the advertisement would
mislead consumers into thinking that the competitor uses the banned Celus Cola in the
manufacture of its soft drink [c].
You are entitled to damages because your competitor always makes up lies about your
company [d].
You cannot sue for damages since your soft drink or any other competitor's soft drink
has not been mentioned by name [b].
You can sue for trademark infringement because your competitor uses a similar name
for your soft drink that is likely to cause consumer confusion as to the particular soft drink
being referred to [a].

Which of the following statements is correct?


Select one:
Under the PCT System, patent applications must first be filed with national patent
offices or receiving Offices [a].
The international search is carried out by the International Bureau in Geneva [d].
No national phase is required under the PCT if the application satisfies all the
conditions for patentability [b].
The international preliminary examination is a mandatory phase for processing a PCT
application [c].

Company X has created a trademark using the letter "M", similar to the one used by
Macdonald's fast food restaurants. The Macdonald trademark is not registered in country B.
Can company X register its trademark in country B?
Select one:
Yes, since the two logos are different [a].
Yes, the Macdonald trademark may be freely used in country B [b].
No, since the Macdonald logo is not descriptive [d].
No, since Macdonald is considered to be a well-known trademark [c].

For how long are the breeder's rights in force?


Select one:
20 years for trees and vines, 25 years for other plants [a].
20 years for trees and vines, 30 years for other plants [d].
25 years for trees and vines, 20 years for other plants [c].
30 years for trees and vines, 25 years for other plants [b].

What is the correct order of proceedings under the Patent Cooperation Treaty?
Select one:
Filing of application - international search - international publication - international
preliminary examination - national phase [d].
Filing of application - international search - report to national offices - international
preliminary examination - international publication - national phase [b].
Filing of application - international search - international preliminary examination -
international publication - national phase [c].
Filing of application - international preliminary examination - international publication
- international search - national phase [a].

Mr. Horizon, a novelist living in a Berne Convention country, wants to know whether he
should register his new work. Which of the following statements is correct?
Select one:
A novel does not satisfy the requirements for protection under copyright law [d].
The work is protected under copyright law only if it is registered in the country in
which it is published [c].
The work is protected under copyright law, so it is not necessary to register it in order
for it to be protected [b].
Any intellectual work must be registered in order to be protected [a].

Bachus Ltd. produces wines in the Drinkirea region, famous for the quality of the grapes
grown in its lands. The grapes used by Bachus can only grow in the Drinkirea climate,
thanks to the particular environmental characteristics of the region. Greg, the owner of
Bachus, has used three different types of grapes to create a new kind of fruit that offers
similar quality and doubles crop yields on the same acreage. To reproduce such grapes
requires certain conditions that are not part of the general knowledge of the art, and Greg
has stipulated in the employment contract that Bachus employees do not disclose these
conditions to anyone outside the company.

What form of protection would you advise the company to use to protect the Bachus name?
Indicate the correct answer:

Select one:
Bachus can be protected as a trademark, since it is distinctive [c].
Bachus cannot be protected as a trademark, since it is misleading [d].
Bachus can be protected as a geographical indication, since the company uses certain
geographical characteristics to produce its product [b].
Bachus is a company name and cannot be protected under trademark law [a].

In case of infringement of patent rights, who is entitled to initiate proceedings to enforce


the rights?
Select one:
The company that has been contracted to produce the patented products, even if the
patent rights belong to someone else [b].
The patent holder's family, in case the right holder does not wish to initiate coercive
actions [d].
The holder of the right [to]
Law enforcement officials, even if the patentee does not wish to have such work
carried out [c].

Mr. Lee, a famous breeder, has developed a new variety of lemon that is less bitter than
other common varieties. Mr. Lee would like to know what form of protection can be used
with this variety. It should be noted that double protection is not possible under your
national legislation.
Select one:
Geographical indications [a]
Copyright [b]
Plant varieties [d].
Marks [e]
Trade secrets [c].
Mr. Rolan, who owns a company in Paris, would like to expand his business activities in
Lesotho, Albania, Bhutan, Croatia, Cyprus, Estonia, Kyrgyzstan and Namibia. Mr. Rolan
has a registered trademark in France. Which of the following mechanisms is the most
appropriate to obtain protection for your trademark in these seven countries?
Select one:
Applying for international registration under the Madrid System [a] [b] [c] [d] [e] [f]
[g] [h] [i
To apply for international registration under the Hague System [b]
Ask the French National Trademark Office to forward your application to each country
[e].
Register the mark in each country regardless of its adherence to the Madrid or Hague
System [d].
The registration of your trademark in France will automatically offer you protection on
an international scale, since France is a member of the Madrid System [c].

Within the framework of the Berne Convention, reproduction right means that:
Select one:
the person who buys a book may reproduce it and sell copies to third parties since the
copyright has been exhausted [a].
schools may reproduce the book for academic purposes and subsequently sell it in their
bookstores [b].
it is the right to prevent others from making even a limited number of copies of his
work for personal use [c].
it is the right to prevent others from making copies of your work [d].

Mr. Eka has invented an instrument capable of detecting a cigarette smoker among a group
of people for which he applied for a patent in his own country (M) on July 29, 2003. On
December 3 of the same year, Mr. Eka applied for a patent for the same invention in
country Z and was informed that company F had already applied for a patent for that
invention on November 20, 2003 at the patent office of that country. Countries M and Z are
Contracting Parties to the Paris Convention. Mr. Eka would like to know what rights, if
any, he may have in relation to Company F:
Select one:
the right to prior use [c]
territorial law [a].
the right to national treatment [b]
the right of first refusal [d].
the right of exclusivity [e]

Which of the following statements is false?


Select one:
The mark must be distinctive and not confusing [a].
The trademark may be protected for seven years and such protection may be renewed
indefinitely [c].
A collective mark may be protected without reference to the quality of the goods [e].
A trademark may be registered in connection with goods possessing certain qualities
[d].
Well-known trademarks are entitled to special protection [b].

Which of the following is not permitted under copyright and related rights legislation
without the prior consent of the owner?
Select one:
Translating a work into another language [a]
Videotape a television news bulletin for private use [c].
Listening to a music CD in a car [b]
Citing a newspaper article in a book being written [d].

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