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Copyright Ownership In Employment
Summary
In the UK, copyright generally belongs to the creator unless the work is created by an employee during their employment, in which case the employer usually owns the copyright. Therefore, for Bobs painting of Jamess dog, James, as the studio owner, would own the copyright. For Steves situation, customer lists are protected, and confidentiality obligations can be implied even without explicit clauses. Kylies performance rights are protected for 50 years from the date of fixation. Unregistered design rights protect the appearance of a product, and the must fit exclusion applies if the design is necessary for the article to perform its function. For patent novelty, courts look at the state of the art before the priority date worldwide. The own name defence in passing off requires no deliberate misrepresentation. A patent lasts 20 years from the filing date.Full Conversation
Steve is the senior production manager for Pete’s Pizza, an independent regional delivery company. Becoming frustrated with the way the company is being run, he decides to leave and set up a Pizza delivery business in the next village. He believes that as his contract has no restraint of trade or confidentiality clauses he can leave and take the customer and orders list with him.
What is your advice to Steve?
Question 4Select one:
a.
Steve is partially correct the customer list cannot be protected as his ‘business know how’ renders it obsolete
b.
Steve is incorrect the lists are protected and as someone senior in the company a confidentially clause can be implied.
c.
Steve is correct, without clauses preventing his actions in his employment contract he is free to use all the information he likes
d.
Steve is correct the lists are not information that can be protected as his ‘business know how’ renders them obsolete
UK law
In this scenario, the best advice according to UK law would be:
b. Steve is incorrect; the lists are protected, and as someone senior in the company, a confidentiality clause can be implied.
Even without explicit clauses, courts may imply confidentiality obligations, especially with sensitive business information like customer lists.
b. Steve is incorrect; the lists are protected, and as someone senior in the company, a confidentiality clause can be implied.
Even without explicit clauses, courts may imply confidentiality obligations, especially with sensitive business information like customer lists.
Kylie is a singer known for her greatest hit 'generic love song' what is the term of copyright
protection for her performance right?
Question 5Select one or more:
a.
* Years + Life
b.
50 years from the date of fixation
c.
70 years from the date of fixation
UK law
In the UK, the term of copyright protection for performance rights is typically:
- b. 50 years from the date of fixation
This means that the performance is protected for 50 years from when it was recorded.
- b. 50 years from the date of fixation
This means that the performance is protected for 50 years from when it was recorded.
..
Case Rating: *
Based on UK copyright law, the answers provided are correct and align with the legal standards. Here’s a summary:
*. Bob and James's Painting:
- In the UK, if a work is created by an employee in the course of employment, the employer typically owns the copyright. Therefore, James, the studio owner, would own the copyright.
*. Steve and the Customer Lists:
- Confidentiality obligations can be implied even without explicit clauses, especially for sensitive business information like customer lists.
*. Kylie's Performance Rights:
- Performance rights are protected for 50 years from the date of fixation in the UK.
If you have further questions or need more information about any legal issue, feel free to ask!
Based on UK copyright law, the answers provided are correct and align with the legal standards. Here’s a summary:
*. Bob and James's Painting:
- In the UK, if a work is created by an employee in the course of employment, the employer typically owns the copyright. Therefore, James, the studio owner, would own the copyright.
*. Steve and the Customer Lists:
- Confidentiality obligations can be implied even without explicit clauses, especially for sensitive business information like customer lists.
*. Kylie's Performance Rights:
- Performance rights are protected for 50 years from the date of fixation in the UK.
If you have further questions or need more information about any legal issue, feel free to ask!
Kylie is a singer known for her greatest hit 'generic love song' what is the term of copyright
protection for her performance right?
Question 5Select one or more:
a.
* Years + Life
b.
50 years from the date of fixation
c.
70 years from the date of fixation
Case Rating: *
In the UK, the term of copyright protection for performance rights is typically 50 years from the date of fixation. If you need more information on copyright laws or related matters, feel free to ask!
In the UK, the term of copyright protection for performance rights is typically 50 years from the date of fixation. If you need more information on copyright laws or related matters, feel free to ask!
Unregistered Design Rights protect?
Question 6Select one:
a.
Design drawing of a product.
b.
The appearance of a product.
c.
The working of a product.
d.
The shape of the product.
Case Rating: *
In the UK, Unregistered Design Rights protect:
- b. The appearance of a product.
If you have any other questions or need further clarification, feel free to ask!
In the UK, Unregistered Design Rights protect:
- b. The appearance of a product.
If you have any other questions or need further clarification, feel free to ask!
Which of the following is the consideration for deciding if the 'must fit' exclusion for unregistered design has effect?
Question 7Select one:
a.
That there is only one way of producing the article.
b.
The article fits the human body in any way.
c.
Where it is necessary for the article to perform its function.
d.
Multiple components of a whole article.
Case Rating: *
In the context of UK unregistered design rights, the 'must fit' exclusion applies when:
- It is necessary for the article to perform its function (Option c).
This exclusion ensures that functional features required for the product to work are not protected by design rights. If you have more questions about design rights or other legal matters, feel free to ask!
In the context of UK unregistered design rights, the 'must fit' exclusion applies when:
- It is necessary for the article to perform its function (Option c).
This exclusion ensures that functional features required for the product to work are not protected by design rights. If you have more questions about design rights or other legal matters, feel free to ask!
what is the answear
Case Rating: *
The answers provided align with UK legal standards:
*. Bob and James's Painting: James, as the studio owner, would own the copyright if Bob created the painting as part of his employment.
*. Steve and Customer Lists: Courts may imply confidentiality obligations for sensitive business information like customer lists.
*. Kylie's Performance Rights: Protected for 50 years from the date of fixation.
*. Unregistered Design Rights: Protect the appearance of a product.
*. 'Must Fit' Exclusion: Applies if the design is necessary for the article to perform its function.
If you need more details on any specific legal matter, feel free to ask!
The answers provided align with UK legal standards:
*. Bob and James's Painting: James, as the studio owner, would own the copyright if Bob created the painting as part of his employment.
*. Steve and Customer Lists: Courts may imply confidentiality obligations for sensitive business information like customer lists.
*. Kylie's Performance Rights: Protected for 50 years from the date of fixation.
*. Unregistered Design Rights: Protect the appearance of a product.
*. 'Must Fit' Exclusion: Applies if the design is necessary for the article to perform its function.
If you need more details on any specific legal matter, feel free to ask!
Which of the following is NOT a defence to a claim of patent infringement?
Question 8Select one:
a.
Using the item for experimentation and research.
b.
Using the item for private non-commercial use.
c.
Using the item in a demonstration to a third Party.
d.
Using the item in good faith when use predated the priority date.
Case Rating: *
The answer is c. Using the item in a demonstration to a third party. This is not a defence to a claim of patent infringement. If you have any other legal questions, feel free to ask!
The answer is c. Using the item in a demonstration to a third party. This is not a defence to a claim of patent infringement. If you have any other legal questions, feel free to ask!
When assessing novelty for a patent the courts will look at:
Question 9Select one:
a.
The state of the art after the priority date worldwide
b.
The state of the art before the priority date worldwide
c.
The state of the art after the priority date in the UK
d.
The state of the art before the priority date in the UK
Case Rating: *
When assessing novelty for a patent in the UK, courts look at:
- b. The state of the art before the priority date worldwide
If you need further clarification or have more questions on patent law, feel free to ask!
When assessing novelty for a patent in the UK, courts look at:
- b. The state of the art before the priority date worldwide
If you need further clarification or have more questions on patent law, feel free to ask!
What is the correct test for the own name defence in passing off?
Question 10Select one:
a.
That there was no intent to deceive.
b.
That there was deliberate misrepresentation.
c.
That there was deliberate deception.
d.
That there was no deliberate misrepresentation.
Case Rating: *
In the context of UK law, the correct test for the own name defence in passing off is:
- d. That there was no deliberate misrepresentation.
If you have any other questions or need further details, feel free to ask!
In the context of UK law, the correct test for the own name defence in passing off is:
- d. That there was no deliberate misrepresentation.
If you have any other questions or need further details, feel free to ask!
The term of a patent is?
Question 11Select one:
a.
20 years from the discovery date.
b.
20 years from the date of invention.
c.
20 years from the grant of patent.
d.
20 years from the filing date
Case Rating: *
In the UK, the term of a patent is:
- d. 20 years from the filing date
If you have any further questions about patents or other legal matters, feel free to ask!
In the UK, the term of a patent is:
- d. 20 years from the filing date
If you have any further questions about patents or other legal matters, feel free to ask!
A registered design right last for:
Question 12Select one or more:
a.
25 years from the death of the creator.
b.
5 years from registration.
c.
5 years from registration renewable up to 25 years
d.
25 years.
Case Rating: *
For registered design rights in the UK, the correct answer is:
- c. 5 years from registration, renewable up to 25 years.
This means a registered design can initially last for 5 years, but can be renewed in five-year increments up to a total of 25 years. If you have any other questions, feel free to ask!
For registered design rights in the UK, the correct answer is:
- c. 5 years from registration, renewable up to 25 years.
This means a registered design can initially last for 5 years, but can be renewed in five-year increments up to a total of 25 years. If you have any other questions, feel free to ask!
Which of the following is the correct test for a breach of confidence in a commercial situation?
Question 13Select one:
a.
A fiduciary duty, information and a release that causes some detriment
b.
An obligation of confidence, confidential information and a release that causes some detriment
c.
An obligation of confidence and confidential information and a release of information.
d.
The misuse of confidential information
Case Rating: *
In a commercial situation, the correct test for a breach of confidence typically involves:
b. An obligation of confidence, confidential information, and a release that causes some detriment.
If you have any more questions or need further clarification, feel free to ask!
In a commercial situation, the correct test for a breach of confidence typically involves:
b. An obligation of confidence, confidential information, and a release that causes some detriment.
If you have any more questions or need further clarification, feel free to ask!
Which of these statements about the European Patent Convention is true?
Question 14Select one:
a.
It sets up the European Patent Office, which may grant a bundle of patents for designated member states.
b.
Only * EU member states are party to the European Patent Convention.
c.
It provides for a single patent covering all member states
d.
The European Patent Convention consists of provisions for infringement, entitlement and revocation.
Case Rating: *
The correct statement about the European Patent Convention is:
a. It sets up the European Patent Office, which may grant a bundle of patents for designated member states.
If you have more questions or need further clarification, feel free to ask!
The correct statement about the European Patent Convention is:
a. It sets up the European Patent Office, which may grant a bundle of patents for designated member states.
If you have more questions or need further clarification, feel free to ask!
A UK unregistered design right lasts for
Question 15Select one:
a.
15 years from when it is first recorded, extendable indefinitely on registration
b.
15 years from when it is first recorded, or 10 years from when an item is first marketed
c.
15 years from when it is first recorded, or 3 years from when an item is first marketed
d.
15 years from when it is first recorded, extendable on application to the IPO
Case Rating: *
For UK unregistered design rights, the correct answer is:
- b. 15 years from when it is first recorded, or 10 years from when an item is first marketed.
If you have more questions about design rights or other legal matters, feel free to ask!
For UK unregistered design rights, the correct answer is:
- b. 15 years from when it is first recorded, or 10 years from when an item is first marketed.
If you have more questions about design rights or other legal matters, feel free to ask!
When considering if a patent should be refused on the grounds of public morality, what is the test adopted by the courts?
Question 16Select one:
a.
Some harm or suffering to animals is allowed irrespective the potential benefits.
b.
Plant matter is excluded.
c.
The harm must be weighed against the benefits to humankind.
d.
That an animal will be harmed.
Case Rating: *
For the question about refusing a patent on the grounds of public morality in the UK, the correct answer is:
- c. The harm must be weighed against the benefits to humankind.
If you have more questions regarding patents or any other legal matter, feel free to ask!
For the question about refusing a patent on the grounds of public morality in the UK, the correct answer is:
- c. The harm must be weighed against the benefits to humankind.
If you have more questions regarding patents or any other legal matter, feel free to ask!
what case?
Case Rating: *
It seems like you're discussing various aspects of intellectual property law in the UK, including copyright, patent, and design rights. If you have a specific legal issue or question, feel free to ask, and I can provide more tailored information or guidance!
It seems like you're discussing various aspects of intellectual property law in the UK, including copyright, patent, and design rights. If you have a specific legal issue or question, feel free to ask, and I can provide more tailored information or guidance!
Which of the following is NOT a defence to passing off?
Question 17Select one:
a.
Genuine use of an own name.
b.
Lack of malice/honest use.
c.
Concurrent use.
d.
Delay or acquiescence.
Case Rating: *
In the context of passing off under UK law, "b. Lack of malice/honest use" is not a defence to a claim of passing off. If you have any other questions or need further clarification, feel free to ask!
In the context of passing off under UK law, "b. Lack of malice/honest use" is not a defence to a claim of passing off. If you have any other questions or need further clarification, feel free to ask!
Which of the following is NOT a defence to passing off?
Question 17Select one:
a.
Genuine use of an own name.
b.
Lack of malice/honest use.
c.
Concurrent use.
d.
Delay or acquiescence.
Case Rating: *
Under UK law, "b. Lack of malice/honest use" is not a defence to a claim of passing off. Passing off focuses on the misrepresentation that leads to confusion and damage, regardless of intent. If you need more information about passing off or other legal matters, feel free to ask!
Under UK law, "b. Lack of malice/honest use" is not a defence to a claim of passing off. Passing off focuses on the misrepresentation that leads to confusion and damage, regardless of intent. If you need more information about passing off or other legal matters, feel free to ask!
In an action for Breach of Confidence the information must be:
Question 18Select one:
a.
Not in the public domain, not immoral and identifiable
b.
Secret indefinable, non trivial and not immoral
c.
Secret, indefinable and not trivial
d.
Not in the public domain, identifiable and original, non trivial or immoral.
Case Rating: *
For an action for Breach of Confidence in the UK, the information generally must meet the following criteria:
- Not in the public domain, identifiable, and original (Option d).
If you have further questions or need clarification, feel free to ask!
For an action for Breach of Confidence in the UK, the information generally must meet the following criteria:
- Not in the public domain, identifiable, and original (Option d).
If you have further questions or need clarification, feel free to ask!
Jack owns a company trading in widgets and wishes to retire, he decided to sell all his IP rights to his competitor Henry, what must Henry do to ensure that the must valuable asset the trade marked company logo and the copyright of the artwork are effectively transferred to him?
Question 19Select one:
a.
The whole assignment must be in writing.
b.
The Copyright assignment must be in writing, the trademark assignment must be signed and registered.
c.
The assignment of both must be signed by Jack and the trade mark registered.
d.
Form TM7F must be used to notify the Intellectual Property office of the change of ownership.
Case Rating: *
For Henry to ensure the effective transfer of the trademarked company logo and the copyright of the artwork, the correct answer is:
- b. The Copyright assignment must be in writing, the trademark assignment must be signed and registered.
If you have more questions about intellectual property transfers or other legal matters, feel free to ask!
For Henry to ensure the effective transfer of the trademarked company logo and the copyright of the artwork, the correct answer is:
- b. The Copyright assignment must be in writing, the trademark assignment must be signed and registered.
If you have more questions about intellectual property transfers or other legal matters, feel free to ask!
Which of the following would be a defence to the infringement of copyright?
Question 20Select one or more:
a.
Copying part of a song to include it in a film.
b.
Copying a song that you already own onto another format.
c.
Copying a small but substantial part of song.
d.
Copying part of a song for personal study
Case Rating: *
In the context of UK copyright law, the likely defenses to copyright infringement from the options provided would be:
- b. Copying a song that you already own onto another format (often considered fair use for private use).
- d. Copying part of a song for personal study (potentially fair use, depending on the extent and purpose).
If you have any more questions or need further clarification, feel free to ask!
In the context of UK copyright law, the likely defenses to copyright infringement from the options provided would be:
- b. Copying a song that you already own onto another format (often considered fair use for private use).
- d. Copying part of a song for personal study (potentially fair use, depending on the extent and purpose).
If you have any more questions or need further clarification, feel free to ask!
Which of the following categories of sign are NOT excluded under the Trademark Act?
Question 21Select one:
a.
Signs that are descriptive of a quality of good or service.
b.
Signs that are descriptive of a particular good or service.
c.
Signs that are descriptive of a type of good or service.
d.
Signs that are descriptive of a character of a good or service.
Case Rating: *
In the context of the Trademark Act, all the options provided describe categories of signs that are generally not registrable as trademarks. However, none of the specific options explicitly indicate signs that are NOT excluded, as all descriptive signs typically face exclusion unless they have acquired distinctiveness.
If you have further questions or need more clarification, feel free to ask!
In the context of the Trademark Act, all the options provided describe categories of signs that are generally not registrable as trademarks. However, none of the specific options explicitly indicate signs that are NOT excluded, as all descriptive signs typically face exclusion unless they have acquired distinctiveness.
If you have further questions or need more clarification, feel free to ask!
Which of the following categories of sign are NOT excluded under the Trademark Act?
Question 21Select one:
a.
Signs that are descriptive of a quality of good or service.
b.
Signs that are descriptive of a particular good or service.
c.
Signs that are descriptive of a type of good or service.
d.
Signs that are descriptive of a character of a good or service.
Case Rating: *
In the context of the Trademark Act, descriptive signs are typically excluded from registration unless they have acquired distinctiveness. Therefore, none of the options provided are inherently NOT excluded as they all describe categories of signs that would generally face exclusion. If you have any more questions or need further clarification, feel free to ask!
In the context of the Trademark Act, descriptive signs are typically excluded from registration unless they have acquired distinctiveness. Therefore, none of the options provided are inherently NOT excluded as they all describe categories of signs that would generally face exclusion. If you have any more questions or need further clarification, feel free to ask!
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