IPR102 - Chuẩn từ đề Nhung Hoàng

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1. If a mark or get-up has been used long enough to d

have generated a reputation, the owner can stop a
competitor from 'passing-off' goods or services as if
they originated with the owner by use of identical or
similar marks or get-ups. To do this the owner must
show:(NHUNG HOÀNG)

a. there is a reputation in the mark or get-up

b. there has been confusion in the market place
c. the owner has suffered damage
d. All A+B+C must be proved together

2. Adding some words in a song without consent of au- c. Integrity right (quyền
thor is an infringement of ......(NHUNG HOÀNG) bảo toàn toàn ven sản
a. Reproduction right phẩm
b. Public performance right
c. Integrity right
d. False attribution

3. To be protected, unregistered trade mark must c

........(NHUNG HOÀNG)

a. Have reputation
b. Be distinctive for the goods or services for which it
has been used
c. Both be distinctive and have reputation
d. Be distinctive but do not have reputation

4. In the UK trade mark law, when is "goodwill" generat- c

ed by the use of the mark?(NHUNG HOÀNG)

a. When the mark could have been registered but the

owner decided not to register it
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b. When the mark is unregistrable because it does not

meet the requirements of the Trade Marks Act 1994
c. A and B are correct
d. A and B are incorrect

5. When the mark could have been registered but the B

owner decided not to register it, and when the mark
is unregistrable because it does not meet the re-
quirements of the law (i.e Trade Marks Act 1994). In
both cases, use of the mark generates what is known
as(NHUNG HOÀNG)

A. Good hope
B. Goodwill
C. Good faith
D. Good use

6. An article is referred to without naming the author. B

This is an infringement of...... (NHUNG HOÀNG)

A. Reproduction right
B. Paternity right
C. Integrity right
D. False attribution

7. Case: Kastenholz, vs Office for Harmonisation in the D

Internal Market (OHIM), Qwatchme A/S [2013] T-68/11
(06 June 2013)
What are the findings that the OHIM's third Board of
Appeal dismissed the Kastenholz's application for a
declaration of invalidity appeal?

A. The contested design was different from the earlier

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designs
B. The contested design possessed individual charac-
ter
C. The contested design could not be regarded as
being a reproduction or an adaptation of the earlier
works of art.
D. All of the above

8. Duration of false attribution right according to UK C

law(NHUNG HOÀNG)

A. Lasts for the life of its creator plus a further 50

years.
B. Lasts for 70 years begins to run on the death of the
last surviving creator if two or more authors were
jointly involved in the work
C. Lasts for the life of its creator plus a further 20
years.
D. None of others is correct

9. In a case on Registered design dispute, if the de- C

fendant (the suspected infringer) can prove that the
design was created independently by himself/herself,
then:

A. There is not infringement

B. There is an infringement
C. There is an infringement only when the owner
shows that there has been copying.
D. All of others are correct

10. Singing a song in a party with friends is.(NHUNG D

HOÀNG)
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A. Infringement of reproduction right

B. Infringement of public performance right
C. Infringement of false attribution right
D. Not an infringement of copyright

11. What are Civil remedies?(NHUNG HOÀNG) B

A. Provisional measures, Injunction, imprisonment

B. Delivery-up, Compensatory damages, Punitive
damages; and Account of profits
C. Imprisonment, Punitive damages; and Account of
profits
D. Delivery-up, Imprisonment, Compensatory dam-
ages

12. Duration of economics right in films according to Viet- D

nam law(NHUNG HOÀNG)

A. Lasts for 50 years from the year the film or record

was made or, if it is released to the public, 50 years
from its release
B. Lasts for the life of its creator plus a further 50
years.
C. Lasts for 70 years begins to run on the death of
the last surviving creator if two or more authors were
jointly involved in the work
D. Lasts for 75 years from the end of the year in which
the film was created

13. Which of these rights is not generally regarded as part c

of design law?
a. Registered designs
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b. Design right
c. Trade mark right
d. Both registered designs and design right

14. Which of the following is NOT protected by an artistic A

copyright accordinator UK law?(NHUNG HOÀNG)

A. A fully prepared text, a note or in shorthand, on tape

or disk
B. A recording of light or other radiation on any medi-
um on which an image
is produced or from which an image may by any
means be produced
C. Technical drawings, photographs and to designs of
buildings and other structures
D. Any drawing, diagram, map, chart or plan

15. When does the owner of a registered design have the B

right to start proceedings for infringement of her/his
rights?(NHUNG HOÀNG)

A. When the registration is applied

B. When a certificate is issued and the registration is
published
C. When the representation of the design is complet-
ed
D. When the owner of the registered design found out
an infringement of her/his rights

16. A coffee mug having a textured surface created A

by Kevin, the surface decoration can be protected
by:(NHUNG HOÀNG)

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A. Registered designs
B. Design right.
C. Copyright
D. None of the above

17. Cellupro, a company that designed and manufactured a

cell phones, had a unique design to their products and
a particular color for their phones and packaging. This
design and color is known as

a. trade dress.
b a service mark.
c. a fanciful mark.
d. trade style.

18. According to UK law, to be granted suspension of d

release by custom authorities, the applicant must
(NHUNG HOÀNG)

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 cus-
toms authorities
c. Provide a security or equivalent assurance sufficient
to protect the defendant and the competent authori-
ties and to prevent abuse
d. All of others are correct

19. While proving for the reputation of an unregistered C

mark, the owner need to:
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A. Prove that the unregistered mark or the get-up is

distinctive
B. Prove that the unregistered mark is taken to show
a trade connection with a particular bus
C. A and B are correct
D. A and B are incorrect

20. In the UK law, what the owner of a trade mark must C

show while proving the damage?(NHUNG HOÀNG)

A. actual loss of business

B. loss of orders to the competitor
C. a high risk of loss of business arising from the
confusion
D. the market loss

21. An author of a song wants that people will refer to a

his name whenever they sing that song. What type of
intellectual property right can he claim?

a. Copyright
b. Trademarks
c. Registered designs
d. Patent

22. An article with its exterior identical to a previous de- A

sign but its internal feature which cannot be seen is
different.
This article is protected by:

A. Design right.
B. Copyright
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C. Confidential information
D. Trade secret

23. Which of the followings can NOT be a registrable d

trademark?

a. A symbol
b. A smell
c. A single colour
d. A generic name of the goods

24. According to Vietnam law, duration of a broadcast a

program related right

a. Lasts for 50 years from the year it is released to the

public
b. Lasts for the life of its creator plus a further 50
years.
c. Lasts for 70 years begins to run on the death of
the last surviving creator if two or more authors were
jointly involved in the work
d. Lasts forever

25. According to TRIPS, after registration a mark must be A

used; if not, it can be cancelled after how many years?

A. 3
B. 4
C. 5
D. 6

26. The public domain is referred to:(NHUNG HOÀNG) B

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A. Addresses in Web
B. Any works not protected by copyright
C. Public land
D. The works protected by copyright

27. In the case that the registered design of goods has D

been copied.
Which of the following is RIGHT?

A. The person accused of infringement can prove

his/her innocence
B. The person accused of infringement cannot prove
his/her innocence
C. In protecting by registered design, the owner needs
to prove copying
D. Both A&C

28. Which of the followings is protected by copyright D

A. A word
B. An idea
C. A legal document
D. An express of an idea

29. A salesman of a bags shop exhibited and sold a fake B

Chanel clutch for 1.000.000vnd (provided that the real
Chanel clutch costs 20.000.000vnd). But he told clients
that this clutch is fake. This is......

A. A passing off
B. Not a passing off but an infringement of trademark
C. A passing off and an infringement of trademark

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D. Neither a passing off nor infringement of trade-

mark

30. Which of the following is NOT an example of literary c

work?

a. A book
b. An engineer report or specification
c. A bus timetable
d. A legal document

31. What is licensing?(NHUNG HOÀNG) A

A. The permission to perform one or more acts cov-

ered by exclusive rights of the owner of patented in-
vention/IPRs within a specific area and for particular
time.
B. The ownership of IPRs is transferred.
C. The supplier promises to deliver the know-how to
another party (recipient) for the use by that party.
D. Owner gives up the ownership of his/her intellectu-
al property

32. Which of followings can NOT be patented?(NHUNG A

HOÀNG)

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

33. Collective trade mark means....(NHUNG HOÀNG) A

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A. There are many users of this trade mark

B. There are many owners of this trade mark
C. There is a collection of trademarks used by one
company
D. There is a collection of products sharing this trade-
mark

34. Cindy has very detailed and interesting ideas on writ- d

ing a book. Based on these ideas, David writes a book
without attribution of Cindy. David ........

a. infringes paternity right

b. infringes adaptation right
c. Infringes reproduction right
d. not infringes intellectual property right

35. Since the aim of a trade mark is to encourage pur- b

chasers to buy your company's product or your com-
pany's service by using the mark when they place an
order, what is deemed essential for a sign to be called
"trade mark" from business perspective? (NHUNG
HOÀNG)

a. Trade marks should be slightly different from marks

used by competitors to avoid confusion.
b. Trade marks should be easy to remember and suf-
ficiently different from marks used by competitors to
avoid confusion.
c. That trade marks should be easy to remember and
similar to marks used by competitors to avoid confu-
sion.
d. That trade marks should be similar to marks used

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by competitors to create more confusions to enjoy

benefits from dilution.

36. Registered design does not protect:(NHUNG HOÀNG) D

A. A design on parts which are assembled into a com-

plex product
B. A design on the whole or a part of a product
C. A design on handicraft item
D. A design on products such as vehicle spare parts
which are not seen in normal use

37. The owner of copyright of a book written on author's A

own is

A. Its author
B. The publisher of the book
C. The person who prints it with consent of the author
D. The person who provide the ideas for this book

38. What is the intention of the UK government in recog- D

nising design right?

A. To take technical drawings out of copyright protec-

tion
B. To take functional articles out of copyright protec-
tion
C. None of A&B
D. Both A&B

39. Fair dealing means........(NHUNG HOÀNG) b

a. Exception to IP rights infringement

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b. Exception to copyright infringement

c. Exception to trademark infringement
d. Exception to patent infringement

40. The civil remedies against copyright infringement in- b

clude

a. Final remedies, compensatory damages, criminal

sanctions
b. Provisional measure, injunction, delivery-up, com-
pensatory damages, punitive damages, account of
profits
c. Injunction, compensatory damages, border mea-
sures
d. Account of profits, border measures, final remedies

41. What does a trademark protect?(NHUNG HOÀNG) C

A. A work of art
B. A secret formula
C. Logos, names and brands
D. General information

42. If a company develops a new technology for produc- d

ing a special range of clothes, what type of intellectual
property right can it use to prevent other from using
such technology

a. Copyright
b. Trademarks
c. Registered designs
d. Patents

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43. Knowing Kevin is a self-employed designer, Charlotte B

has introduced Kevin to Company X .The Company X
then commissioned Kevin for 1500 Euro to design a
machine. Who owns the right to the register design of
the machine?

A. Kevin himself
B. Company X
C. Charlotte
D. Company X and Kevin

44. A company wishes to ensure that no one else can b

use their logo. Which IPR protects that right?(NHUNG
HOÀNG)

a. Copyright
b. Trademark
c. Patent
d. Industrial design

45. Anders is the copyright owner of Computer pro- A

grams. Without Anders' permission, Tine has autho-
rised Charlotte, the one working under contract with
Tine, to make an copy of Anders' Computer programs
with
something added. The act of Tine is:

A. A secondary infringement of Anders' Copyrights

B. A primary infringement of Anders' Copyrights
C. Not a copyright infringement
D. Both A&B

46. C
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The paternity right is NOT applied to:(NHUNG

HOÀNG)

A. The creator of a literary, artistic, dramatic or musical

copyright work and the director of a film (unless he or
she is an employee)
B. The designer of a building or other structure
C. Computer programs or to any work created by a
computer without human intervention
D. An individual person and only when there is also a
copyright

47. You can infringe a patent by............ (NHUNG HOÀNG) c

a. Making a product for your own personal use

b. Publishing drawings of the product on your web-
site
c. Selling main components of the product, together
with instruction how to assemble it using commonly
available fastening components.
d. Talking about it

48. Is it necessary to prove that those knowing the mark A

or get-up can identify he owner?

A. No
B. Yes. It is necessary
C. Yes. This is a must to protect the original owner of
the trade mark
D. Yes. It is important to know who is the first one
registering for the trade mark

49. b
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What protects the intellectual property created by

artist?
a. Trademarks
b. Copyright
c. Patents
d. Confidential information

50. What protects the intellectual property created by de- c

signers?
A. Copyright
B. Registered designs
C. Both copyright and registered designs
D. Neither copyright nor registered designs

51. A technical drawing is protected by..........(NHUNG C

HOÀNG)
A. Copyright
B. Registered designs
C. Both copyright and registered designs
D. Patent

52. What can be used to make a copy of a design? C

A. Only the article itself

B. Only the design document of the article
C. Either the article itself or its design document
D. None of the article and its design document

53. ATM machine is protected... C

A. Only by design right

B. Only by patents

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C. By both design right and patents

D. By trademark

54. The concept of design right was introduced into the C

UK in:(NHUNG HOÀNG)

A. The UK Trade Marks Act 1994

B. The UK Patents Act 1977
C. The UK Copyright, Designs and Patents Act 1988
D. None of the above

55. The word "Steel" can be add in trademark of....... c

a. Only company producing steel

b. Only company not producing steel
c. Any company
d. All company

56. Suspecting an infringement of his rights, Peter, the A

owner of a registered design has written to sue a
suspected infringer.
When can the threatened person sue Peter for making
an unjustified threat?

A. When there was no infringement

B. When there is an infringement
C. The person threatened cannot sue Peter in any
cases
D. Both B&C

57. To be protected by registered design, the owner B

must.....(NHUNG HOÀNG)

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A. Prove copying
B. Show the designs are the same or very similar
C. Publish the design one year earlier
D. Show an application of the design

58. Computer icon is protected by(NHUNG HOÀNG) d

a. Copyright
b. Design right
c. Trademark
d. Registered design

59. If a famous signer sets up her own company to sell b

her own range of clothes, what type of intellectual
property right can she use to show that the clothes
are made by her company?

a. Copyright
b. Trademarks
c. Registered designs
d. Patents

60. Which of the following is not an intellectual property E

law?(NHUNG HOÀNG) (Which of the following is
not a law governing intel-
A. Copyright Act, 1957 lectual property perspec-
B. Trademark Act, 1999 tive?)
C. Patent Act, 1970
D. Design Act, 2000
E. Customs Act, 1962

61. A is a movie-star. B takes a photograph of A and sells B

it to a magazine.

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A. B infringes on A's copyright

B. B infringes A's privacy right
C. B does not infringe any IP right
D. B infringes A's trademark

62. In Vietnam law, how long the trade mark protection D

is?

A. 5 years
B. 10 years
C. 15 years
D. it depends but can last forever provided that the
owner renews its application for protection

63. What can be defined as "fees"? (NHUNG HOÀNG) D

A. Post-calculated, recurring payments, the amount

of which is determined under economic use or result
(sales, profits).
B. A pre-calculated amount paid once or in install-
ments
C. Compensation for services and assistance rendered
by technical or professional experts.
D. Dividend or income from related operations: com-
mission paid to licensor for his assistance in selling.

64. When is the best time to minimize the risk of being B

sued for infringement of a registered trade mark, for
passing-off or even misuse of someone else's compa-
ny name?

A. a trade mark is selected in the last place.

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B. a trade mark is selected in the first place.

C. a trade mark is newly created
D. a trade mark is communicated to the public

65. To protect Registered Design, an owner of Registered D

design needs to do:

A. Show that there has been copying

B. Show that the same or a substantially similar design
is being applied to a product.
C. Prove that the design was not created independent-
ly by the infringer
D. All of the above

66. According to Madrid Agreement, the single applica- A

tion of trade mark must be made within how many
months from the initial trade mark application?

A. 6
B. 12
C. 18
D. 3

67. One of the requirements for a mark to be registered A

as trademark is......

A. not an infringement of other's right

B. to be new
C. to be creative
D. to be original

68. In a dispute on design right, .........(NHUNG HOÀNG) b

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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

69. How do you think about this statement: In the UK, a A

mark can be used in business course without registra-
tion?

A. This is correct. In the UK, a mark can be used

without registering although it is recommended that
registration is always needed for enjoying protection.
B. This is not correct. Once being used, a trade mark
has already been registered.
C. This is not correct. Trade mark must be registered
before using in the course of trade
D. None of the statements are correct.

70. Anders has created a triangle classes box. The box B

could have been protected by a registered design but
no application was filed. What is the requirement if the
box is protected by Design right?(NHUNG HOÀNG)

A. Novelty
B. Not commonplace
C. Individual character
D. All of the above

71. When: B
-The mark could have been registered but the owner
decided not to register it, and
-The mark is unregistrable because it does not meet
the requirements of the law i.e Trade Marks Act 1994).
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In both cases, use of the mark generates what is

known as

A. Good hope
B. Goodwill
C. Good faith
D. Good use

72. Which of the followings is secondary infringement of a

copyright?

a. Possession of or dealings with infringing copies

b. Performing the work in public
c. Duplicating the work
d. Selling a work

73. The Fair use of copyrighted work is:(NHUNG HOÀNG) B

A. The permission of copyright owner to others to use

freely copyrighted material for certain uses.
B. The statutory permission granted expressly by the
Copyright Act to the public to use copyrighted mater-
ial for certain uses.
C. Both A&B
D. Not A&B

74. A Uniform Dispute Resolution Procedure (UDRP) is A

agreed by participants, which provide some mecha-
nism to resolve dispute in terms of domain names and
intellectual property.

A. True.
B. False. UDRP provide mechanism to resolve dispute
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in terms of domain names only

C. False. UDRP provide mechanism to resolve dispute
in terms of trade mark only
D. False. UDRP provide mechanism to resolve dispute
in terms of the ownership of trade mark only.

75. A Uniform Dispute Resolution Procedure (UDRP) is run A

by(NHUNG HOÀNG)
A. WIPO
B. WTO
C. UN
D. UNCITRAL

76. What can be deemed as an infringement of registered D

trade mark?

A. Use the registered trade mark in relation to the

goods/services specified in the registration;
B. Use the registered trade mark on the similar
goods/services;
C. Use the similar mark on the registered or similar
goods/services, so that the public is likely to be con-
fused;
D. All are correct;

77. Secondary copyright infringement is: B

A. Copying the material without permission.

B. Trading of those illegal copies
C. Rewriting the material without permission.
D. Scanning the material without permission.

78. C
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Which of following is NOT passing-off?(NHUNG

HOÀNG)

A. Selling used item as a new one

B. Copying an existing business name
C. Persuading clients of a well-known shop to try other
goods or services
D. Using similar decoration of an existing business
names

79. Regarding applying for registration of a design in the B

UK, which of the following is RIGHT?

A. Applying for registration of a design in the UK is free

of charge
B. The application can be dealt with by a patent attor-
ney who will be familiar with the formalities required
C. An examiner (at the UK Designs Registry) will check
whether the design is new.
D. All of the above

80. What is sole license?(NHUNG HOÀNG) B

A. the licensee will have no competition

B. the licensor will afford no licenses to other persons
within the contractual territory
C. A and B are correct
D. A and B are incorrect

81. Computer programs can be protected B

by.........(NHUNG HOÀNG)

A. Design rights
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B. Copyright
C. Trademark
D. Patent

82. Which of the following statements is true?(NHUNG c

HOÀNG)

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 criticism or review is permit-
ted provided that the critic or review is fair
d. Developing a single part of a work is fair

83. Which of the following actions may constitute an in- B

fringement?

A. Using the descriptive sign of the goods in accor-

dance 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

84. In case of copyright infringement, the copyright hold- d

er can use

a. Only injunction
b. Only delivery-up
c. Only compensatory damages
d. Each of (a), (b), (c) or combination

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85. Regarding to Registration period for a registered de- B

sign.
Which of the following is WRONG?

A. The initial registration period for a design last for 5

years from the application date.

B. The registration can be kept in force for four subse-

quent periods of 5 years (after the initial registration
period), automatically, without fees.

C. The registration can be kept in force for four subse-

quent periods of 5 years, (after the initial registration
period), if renewal fees are paid

D. The registration period for a design last for 5 years

only from the application date. After that period, the
registration will not be extended if the owner does not
pay the renewal fees

86. A technical drawing is prepared for use in manu- D

facturing a television set, the drawing is protected
by:(NHUNG HOÀNG)

A. Design right
B. Copyright
C. Registered design
D. Both of B&C

87. Which is NOT right about "Copying in a different medi- D

um"?

A. a photocopy of a book.

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B. a scanned-in digital copy of a photograph

C. a reproduction and the copy have a material form
D. a translation a copyright work

88. Primary copyright infringement is: (NHUNG HOÀNG) B

A. Trading of those illegal copies

B. Copying the material without permission.
C. Rewriting the material with permission.
D. Both of A&C

89. If the technical drawings of motorbike are copied, D

there is infringement of:

A. Registered design
B. Design right
C. Copyright.
D. Both of A&B

90. A false attribution as an author.....(NHUNG HOÀNG) a

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
c. Is made if the name of author is not mentioned
d. Is made if the work is re-written

91. Which of the following is NOT a copyright infringe- B

ment?

A. Someone copies without the copyright owner's per-

mission

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B. A photographer takes a photograph of a particular

scenic view, even though the photograph is virtually
indistinguishable to another person's photograph.
C. Someone creates a scene in a studio to reproduce
a scene in someone else's photograph
D. One similarity drawing has had access to the mate-
rial which has supposedly been copied

92. Referring to a trade mark in news is....... C

A. A primary infringement of trade mark

B. A secondary infringement of trade mark
C. Not an infringement of trade mark
D. An infringement of copyright

93. For the purpose of showing damage in a passing-off b

action, the owner must........

a. Show actual loss

b. Demonstrate high risk of loss of business arising
from the confusion
c. Calculate the number of clients before and after
passing off occurs
d. Proving the activity of imitation

94. A wooden chair is protected by registered design. Af- b

ter seeing this chair, a chocolate shop makes a choco-
late bar with the design of this chair. Such act is.....

a. A secondary infringement of registered design

b. A primary infringement of registered design
c. Not an infringement of registered design
d. An infringement of patent
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95. Who is not an author of the artistic work?(NHUNG d

HOÀNG)

a. A person who solely creates the artistic work

b. A person who fixes the picture on whatever medi-
um.
c. A person who jointly provide significant contribu-
tion to create a copyrightable artistic work.
d. A person who merely provides ideas.

96. A writer has written a detective novel based on using C

a murder case's transcripts from court proceedings
without the Court's consent. The Court is the publish-
er of the transcripts.
Which of the following is RIGHT?

A. The transcripts from court proceedings are protect-

ed by Copyright.
B. The writer has to compensate for the Court's copy-
right
C. Transcripts from court proceedings are in the public
domain
D. The writer has infringed the Court's Copyright

97. The article made by Company X does not exactly the B

same with the article owned by Company Y but this
article is only slightly different from Y's article.
Which of the following is RIGHT?(NHUNG HOÀNG)

A. The article made by X is already different slightly

from Y's article. It is not an infringement of design
right.
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B. It is an infringement of design right. Y, as the owner,

will prevent X from copying the design.
C. X does not have to obtain Y's permission before
making the article
D. X does not have to compensate for Y's design right.

98. Liability for infringement of copyright can be avoided D

if...

A. It is taken negligently
B. It is taken intentionally
C. It is used for commercial purpose
D. It is used for educational purpose

99. In the EU, marks registered by the Office for Har- A

monisation of the Internal Market (Trade Marks and
Designs) and are called .....

A. Community Trade Marks

B. Global Trade Marks
C. European Trade Marks
D. All are correct

100. Which one of the followings is NOT correct according D

to UK law?

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.
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D. The combination of injunction and delivery-up is

not available if there is no damage incurred to the
plaintiff.

101. A trade mark being an invented word must...... B

A. Be new
B. Be distinctive
C. Indicate the nature of the goods
D. Be meaningful

102. What is the best definition about "passing-off"? A

A. The use of identical or similar marks or get-ups to

cause confusion in the public by relying on the reputa-
tion of a mark or get-up, which has already been used
long enough.
B. The use of different mark by relying on the reputa-
tion of a mark or get-up, which has been used long
enough. However, this use is not caused any confu-
sion.
C. The use of distinctive marks or get-ups to cause
confusion in the public
D. A trade mark infringement

103. What is not relevant purpose for applying fair deal- A

ing(NHUNG HOÀNG)

A. Commercial purpose
B. Educational purpose
C. News reporting
D. Reviewing purpose

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104. Which is considered as copying by adaption? B

A. Adapting a copyright work, which includes translat-

ing it.
B. Copying one line of a well-known song in a nontech-
nical context
C. The extraction or reutilization of a computer-stored
database, whether the whole or
a substantial part
D. A photocopy of a book, or a scanned-in digital copy
of a photograph

105. Which is/are exceptions to copyright infringement? D

A. Public events
B. Time shifting
C. Education
D. All of others are correct

106. Are domain names intellectual property?(NHUNG A

HOÀNG)

A. Not really.
B. Yes, they are.
C. Yes, provided that domain names are registered
with the Internet service providers
D. Yes, since domain names provides the exact in-
formation of the owner of goods or services on the
Internet

107. Design right applies to: B

A. Drawings produced in an industrial context

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B. Tangible three-dimensional Articles

C. Artistic drawings
D. Textbook on Design rights

108. Design right applies when...... a

a. The design is recorded
b. The design is registered
c. The design is published
d. The design is showed

109. A mechanical device is NOT protected by which A

IPR?(NHUNG HOÀNG)
A. Copyright
B. Design right
C. Patent
D. Registered design

110. Which of the followings is an infringement of copy- C

right?

A. Reading a book without consent of the author

B. Listening to a song without consent of the author
C. Translating an article without consent of the author
D. Researching a paper without consent of the author

111. Which of these statements is true about the general C

nature of passing off?

A. The defendant must intend to cause loss

B. The misrepresentation must be intentional
C. There must be a false representation
D. There must be actual damages

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112. Dennis has successfully registered his design (after 9 D

December 2001). After that, Mike, who with a similar
design, applies to have the Dennis's registration inval-
idated on the grounds that the design was not new.
Which of the following is RIGHT?(NHUNG HOÀNG)

A. Mike can do that only when Dennis design has not

been registered
B. Mike can do that even after Dennis design has been
successful registered
C. Mike cannot do that after Dennis design has been
successful registered
D. Mike can do that after Dennis' design has been
successful registered if Dennis design did not have
individual character and was not new.

113. Which of followings is correct? C

A. Passing off is an infringement of only unregistered

trademark
B. Passing off is an infringement of only registered
trademark
C. Passing off is an infringement of both unregistered
and registered trademark
D. Passing off is an infringement of neither unregis-
tered nor registered trademark

114. To be protected by registered design, an article must A

...(NHUNG HOÀNG)

A. Have an individual character

B. Be original

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C. Be non- commonplace
D. Be new

115. Which is an exception to copyright infringe- D

ment?(NHUNG HOÀNG)

A. Research or private study

B. If a technical paper is published in a periodical with
an abstract, then copying the
abstract is permitted, unless there is a licensing
scheme in force
C. Education
D. All of others are correct

116. The protection of copyright excludes(NHUNG A

HOÀNG)
A. A single word
B. Songs
C. A list of names and addresses in a telephone direc-
tory
D. Computer programs

117. The "Commonplace", which is the requirement for D

protection of design right, means:

A. The similarities of the design in question when com-

pared objectively to other designs
B. "Not original" in the design field in question.
C. None of A&B
D. Both of A&B

118. Which is the principle of "independence of protection" c

stipulated in Bern Convention?
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a. Works originating in one of the Contracting States

must be given the same protection in each of the
other Contracting States as the latter grants to the
works of its own nationals
b. Protection must not be conditional upon compli-
ance with any formality
c. Protection is independent of the existence of pro-
tection in the country of origin of the work
d. As to works, protection must include "every pro-
duction in the literary, scientific and artistic domain,
whatever the mode or form of its expression"

119. Which of the following form of a spoken word is NOT B

protected by copyright?

A. A fully prepared text

B. A note
C. In shorthand, or on tape or disk
D. None of the answer is correct

120. Pictorial design or logo is protected by which IPRs? A

A. Copyright, registered design, trademark

B. Topography right, trademark, design right
C. Registered design, confidential information, copy-
right
D. Topography right, confidential information, copy-
right

121. What does indirect compensation include?(NHUNG C

HOÀNG)

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A. post-calculated, recurring payments, the amount of

which is determined under economic (sales, profits).
B. a pre-calculated amount paid once or in install-
ments
C. compensation for services and assistance rendered
by technical or professional experts.
D. dividend or income from related operations: com-
mission paid to licensor for his assistanc

122. The remedies available for the trademark infringe- A

ment are ..... to those applicable for copyright

A. the same
B. more favorable
C. less favorable
D. completely different

123. Which is the principle of "national treatment" stipulat- A

ed in Bern Convention?

A. Works originating in one of the Contracting States

must be given the same protection in each of the
other Contracting States as the latter grants to the
works of its own nationals
B. Protection must not be conditional upon compli-
ance with any formality
C. Protection is independent of the existence of pro-
tection in the country of origin of the work
D. As to works, protection must include "every produc-
tion in the literary, scientific and artistic domain,
whatever the mode or form of its expression"

124. D
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Philips has taken a photograph of a particular scenic

view. John knew about that photograp.... still inde-
pendently took a photograph with the same view,
same perspectives. John's photograph... similar to the
Philips'one. The two photographs are virtually indis-
tinguishable.

A. John had to ask Philips for consent before taking his

photograph.
B. Philips can request John for a copyright compensa-
tion.
C. John made a copy of Philips' photograph and it is a
copyright infringement.
D. It is not copying and not copyright infringement for
John

125. How long is the duration of computer-generated right C

according to the UK law?(NHUNG HOÀNG)

A. Lasts for the life of its creator plus a further 50

years.
B. Lasts for 70 years begins to run on the death of the
last surviving creator if two or more.... jointly involved
in the work
C. The copyright lasts for 50 years from the end of the
year in which the copyright material ....
D. Lasts for 15 years from the end of the year the
database was created or made accessible

126. Which of the followings is not secondary infringement B

of copyrights?

A. A copy is distributed either internally within a busi-

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ness or outside the company

B. A single copy of a computer program bought
abroad, and brought it home for using in connection
with professional engineering work.
C. Photocopying of a book
D. Showing a TV broadcast, cable programme, film or
playing music to the public

127. How long is the duration of database right according D

to the UK law?

A. Lasts for the life of its creator plus a further 70

years.
B. Lasts for 70 years begins to run on the death of the
last surviving creator if two or more.....jointly involved
in the work
C. For the works generated before 1 January 1996 the
duration of database right is life plus....50 years.
D. Lasts for 15 years from the end of the year the
database was created or made accessible

128. Company M subcontracts Company H to copy and D

make a product which owned by Company N with a
clear instruction to manufacture the copy. Company
H knows the product is owned by Company N.
Which of the following is RIGHT?

A. M has transferred the legal burden to H on the

infringement of Design right.
B. His not responsible for the infringement
C. M is not responsible for the infringement as it is not

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the one directily coppied and made the product.

D. Both H & M infringed N's Design right.

129. What are criteria for winning a transfer of a domain A

name?

A. A domain name must be identical or confusingly

similar to a registered or unregistered trade mark, the
use complained of must be by someone having no
legitimate interest in the name, and bad faith
B. When there is innocently confusing use, an offer to
sell the mark or a history of registering names based
on third party trade marks.
C. All are correct
D. None of the answers are correct

130. Acme Corporation attempted to register a trade mark C

that was generic and not fanciful, arbitrary, sugges-
tive or descriptive with a secondary meaning. Under
these circumstances, Acme has(NHUNG HOÀNG)

A. an excellent case for the registration of a trade mark

because generic trade marks, as opposed to fanciful,
arbitrary or suggestive trade marks, are capable of
being copyrighted.

B. an excellent case for the registration of a trade

mark because all trade marks are capable of being
copyrighted.

C. no case for registration of the trade mark because

a trade mark must be fanciful, arbitrary or suggestive
to be capable of being copyrighted.
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D. no case for registration of the trade mark because

a trade mark must be independent, rather than fan-
ciful, arbitrary or suggestive, to be capable of being
copyrighted.

131. Which of the followings is not correct b

a. The applicant must list goods/services for which the

trademarks to be used
b. The trademark which is registered in UK is automat-
ically protected in Vietnam
c. Under Nice Agreement, goods are divided into 34
classes
d. The registration must be renewed by paying fee

132. Simplifying a written story without consent of author a

is..........(NHUNG HOÀNG)

a. Infringement of copyright
b. Plagiarism
c. Passing off
d. False attribution

133. Which of the following is a generic term? A

A. "car" for cars
B. "Apple" for computers
C. "Camel" for cigarettes
D. "Kodak" for cameras

134. Get-up includes d

a. the colour of packaging and the type of lettering

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used on a label
b. a slogan used for broadcast or printed advertising
c. visual impression of business premises, such as the
style of fascia board and the colour of shop fittings
d. All are correct

135. After a sufficient use, a mark which is unregistrable a

may become registrable because

a. Its reputation can be used as proof that the mark

has become distinctive for the goods or service for
which it has been used.
b. This can not be happened. The mark should be
registered through an official process as stated by the
laws.
c. The mark is automatically registered
d. None of the answer is correct

136. A registered trade mark of one goods......... c

a. Can not be registered as trade mark of other goods

in different classes
b. Can not be registered as trade mark of services
c. 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

137. In which case you are the creator of an Intellectual B

Property?

A. You employed someone creating the intellectual

property.
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B. You created the intellectual property by yourself.

C. You bought the intellectual property rights from the
previous owner of the property.
D. You are donated the intellectual property rights
from the previous owner of the property.

138. According to Vietnam law, duration of economics right b

in literature work:

a. Lasts for 50 years from the year the film or record

was made or, if it is released to the public, 50 years
from its release
b. Lasts for the life of its creator plus a further 50
years.
c. Lasts for 70 years begins to run on the death of
the last surviving creator if two or more authors were
jointly involved in the work
d. Lasts for 75 years from the end of the year in which
the film was created

139. According to TRIPS, is registration of sounds or smells A

is allowed by countries? (NHUNG HOÀNG)
A. Yes. Provided that these are distinctive
B. No. Only invented words permitted
C. No. Only signs are permitted
D. No. Since sounds or smells are not distinctive.

140. What does three stripes on Adidas clothing repre- A

sent?(NHUNG HOÀNG) (The three stripes on Adi-
A. A trade mark. das clothing represent)
B. Trade dress.
C. A trade secret.
D. A patent.
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141. A design of a television set being intended for man- C

ufacture is new and has an individual character. The
design is also not commonplace. What IPRs can simul-
taneously protect the design?(NHUNG HOÀNG)

A. Trademarks; and Copyright.

B. Registered Design; and Design Right.
C. Copyright; and Registered Design.
D. Copyright; Trademarks; and Registered Design.

142. Which of the IP Laws below currently having legal B

validity in Viet Nam?

A. The Intellectual Property Law No. 50/2005/QH11

B. The Intellectual Property Law No. 50/2005/QH11
having been amended and supplemented in accor-
dance with the Law No. 36/2009/QH12; the Law No.
42/2019/QH14; and the Law No. 07/2022/QH15
C. The Intellectual Property Law No. 50/2005/QH11
having been amended and supplemented in accor-
dance with the Law No. 36/2009/QH12 and the Law
No. 42/2019/QH14.
D. All of the above

143. A hybrid car is intended for manufacture and the de- C

sign is new and not commonplace, has an individual
character.(NHUNG HOÀNG)
Which of the followings is WRONG?
A. The car can be protected by a registered design.
B. The car can be protected by a design right.
C. The car cannot be protected by a registered right.
D. Both A&B
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144. Which IPR will protect an electrical device? D

A. Copyright
B. Confidential information
C. Trademark
D. Design right

145. Which of the following is NOT a copyright infringe- C

ment according to the UK law?(NHUNG HOÀNG) (Which of the following
A. Copying in a different medium to the original work, is NOT an infringment in
such as a photocopy of a book, or a scanned-in digital coyright according to UK
copy of a photograph law?)
B. Making a short-term or transient copy
C. Speaking words aloud without making a copy
whether by shorthand or on tape
D. Making an object in three dimensions from a draw-
ing of that object

146. Which of the following is RIGHT? C

A. As a copyright holder, you are compensated for fair

use of your copyrighted work by others.
B. A teacher has copied a book for purpose of teach-
ing. The teacher has to compensate for the book's
copyright holder for the use.
C. A university professor has copied a book for pur-
pose of his research. This is not an infringement of
copyright.
D. If material is protected by copyright, in any cases,
no anyone can use the material without copyright
holder's permission.

147. D
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A design for a car body is registered. Can the same

design be used for:
A. A toy car
B. A chocolate bar
C. A print on a tea towel
D. Not any of A,B&C

148. To be protected by copyright, a creative work must c

be......

a. Fixed in a tangible medium

b. original
c. both original and fixed in a tangible medium
d. Spoken

149. In most types of work, how long does copyright last D

for according to Bern Convention?

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

150. In a case on Design rights dispute, if the design right B

owner succeeds in proving the infringement, what
cannot the Court award?(NHUNG HOÀNG)

A. An injunction to stop further manufacture or im-

port
B. An arrest warrant for the infringer
C. Order payment of damages (e.g. for loss of sales by
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the design right owner)

D. The destruction of the offending articles produced
during the previous 6 years or handing them over to
the design right owner

151. This IP right is associated with every literary, dramatic, a

musical or artistic work, to sound recordings, films,
broadcasts and cable programs. This right is:

a. Copyright
b. Design right
c. Registered design
d. Confidential information

152. Confusion can be caused by a competitor using the a

most memorable part of the trade mark.(NHUNG
HOÀNG)

a. Yes. The use of the most memorable part will be

sufficient to generate the confusion.
b. No. The confusion happens when the competitor
uses an identical or very similar trade mark or get-up.
c. No. The confusion happens only in the case of using
identical marks for identical goods or services
d. None of the abovementioned statement is correct

153. Company H designs a new type of fuse holder. Com- A

pany M has copied freely the parts of the holder that
actually contact the fuse. Which of the following is
RIGHT?(NHUNG HOÀNG)

A. Company M infringed Company H's Design right.

B. Company M have to obtain Company H's permis-
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sion before coping the parts

C. Company M can copy and produced the parts with-
out Company H's permission
D. Company H can request Company M for a Design
right compensation.

154. Which of the followings is not a category of copyright? c

a. Literary works
b. Sculpture
c. Furniture
d. Computer programs

155. Which of the followings is NOT a requirement for pass- b

ing off?
a. Confusion
b. Within geographical area
c. Damages
d. Providing similar product

156. Which of the followings is not a public domain mater- C

ial?
A. Works expired copyrights
B. Works published by the United States government
C. A novel protected by Copyright
D. News and history

157. What does Trade libel means? A

A. Misleading advertisements and false indications of

the origin of goods and services
B. The original information about the quality of prod-
ucts or services
C. An injunction against counterfeit
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D. A piece of information identified the products or

services on mass communication

158. What is the "public interest" principle with regard to IP C

protection?

A. It means that the protection and exercise of IP

rights must be for the interests of the general public.

B. It means that the protection and exercise of IP

rights must be for the profits of public corporations
having important role for national economic develop-
ment.

C. It means that the protection and exercise of IP

rights must be balanced with the public interest, and
that a balance must be maintained between the inter-
ests of right holders and the general public.

D. It means that the protection and exercise of IP

rights must be for the interests of IP right holders.

159. To be granted a provisional measure order, the appli- d

cant 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 in-
fringement is imminent.
c. Provide security
d. All of others are correct

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160. Know-how contract can be existed under a form of A

relevant transaction such as joint-venture.(NHUNG
HOÀNG)

A. True. Know-how contract can be existed under a

form of relevant transaction such as joint-venture be-
sides other forms.
B. False. Know-how contract can be existed only under
a form of apprenticeship.
C. False. Know-how contract can be existed only under
a form of franchising.
D. False. Know-how contract can be existed only under
a form of supporting agreement.

161. The registration of a Community Trade Mark can be D

renewed every ....... years.

A. CTM cannot be renewed

B. 5 years, for 4 consecutive times after the first regis-
tration
C. 5 years
D. 10 years

162. According to current Vietnam Intellectual Property B

Law, Intellectual Property Rights includes: (NHUNG
HOÀNG)

A. Literatural works; Designs; Trademark.

B. Copyright and rights related to copyright; Industrial

property rights; Rights to plant varieties.

C. Rights to tangible property

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D. Both of A&B

163. Copyright is NOT applied to .......... d

a. Songs
b. Video tapes
c. Broadcasts
d. None of them

164. What is the definition of a domain name? c

A. A domain name is an anonymous string that defines

a realm of administrative autonomy, authority or con-
trol within the Internet.
B. A domain name is an identification string that de-
fines a realm of administrative autonomy, authority or
control within a geographic area.
C. A domain name is an identification string that de-
fines a realm of administrative autonomy, authority or
control within the Internet.
D. A domain name is an identification string that de-
fines a person, authority or control within the Inter-
net.

165. What is the below document not the sources of IP Law C

in Viet Nam?

A. Constitution 2013

B. Law on Intellectual Property No. 50/2005/QH11

having been amended and supplemented with the
Law No. 36/2009/QH12; the Law No. 42/2019/QH14;

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and the Law No. 07/2022/QH11

C. Official Letter No. 71/BKHCN-SHTT dated January

10, 2024 of the Ministry of Science and regarding the
report on the implementation situation in 2023 of the
IP Strategy to 2030

D. Decree No. 65/2023/ND-CP Detailing some articles

and measures to implement Law on Property 2005

166. The use of one registered trademark without the own- d

er's permission ....

A. Is an infringement of this registered trademark in

all case
B. Is never an infringement of this registered trade-
mark
C. Is an infringement of another registered trade-
mark
D. Is an infringement of this registered trademark in
some circumstances

167. Andy translates a book into Vietnamese with consent c

of the author. However, in this translated version, Andy
re-arranges different parts of the book. Andy might
commit infringement of....(NHUNG HOÀNG)

a. Translation right
b. Reproduction right
c. Integrity right
d. False attribution

168. b
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'Apple' for computers is an example of

a. Invented words used as a trade mark
b. Words used out of context as a trade mark
c. Symbols used as a trade mark
d. Shapes used as a trade mark

169. Which of the following is NOT true? a

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 in-
fringement of copyright
b. You import copies of cartoons into UK for your pro-
fessional purpose and you have reason to know that
those copies have been taken without copyright own-
er's permission. In this case, you commit secondary
infringement of copyright
c. You import copies of cartoons into UK for your pri-
vate 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

170. When a design is created by a computer without hu- B

man intervention, i.e. not using of a company design
program with a human being in control of the process.
In this circumstance, who is the Registered design
according to the UK law?(NHUNG HOÀNG)
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A. The computer itself

B. The company owning the computer in which the
program is run
C. The company's employee who is assigned using the
computer
D. No designer in this case

171. When a logo of a product can be protected by both D

Copyright and Trademarks?
A. The logo is a art work
B. The logo is used to identify and distinguish the
product
C. The logo is a design of an article
D. All of the above

172. Which of the following is RIGHT?(NHUNG HOÀNG) C

A. A disadvantage of the design right is that the owner
must not prove copying.
B. An advantage of registered design is that the own-
er shows the infringed designs are the s similar is
enough.
C. None of A&B
D. Both of A&B

173. What is the lump-sum payment?(NHUNG HOÀNG) B

A. post-calculated, recurring payments, the amount (Lump-sum payment is)
of which is determined under economic use or result
(sales, profits).
B. a pre-calculated amount paid once or in install-
ments
C. compensation for services and assistance rendered
by technical or professional experts.

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D. dividend or income from related operations: com-

mission paid to licensor for his assistance in selling.

174. Intellectual Property Rights are: C

A. Only the rights that creators have over their literary
and artistic works.
B. Only the exclusive right given to creators over the
use of his/her invention (of their minds)
C. The rights given to creators an exclusive right over
the use of his/her creation (of their minds) period of
time.
D. Copyrights and Trademarks.

175. What is NOT "get-up" of a well-known bakery a

shop?(NHUNG HOÀNG)
a. Client
b. Packaging
c. Decoration style
d. Name

176. A machine with artificial intelligence created a 3D b

sculpture. The owner of design right of this sculpture
is......(NHUNG HOÀNG)

a. This machine
b. The person by whom the arrangements necessary
for the creation of the design are undertaken
c. Nobody
d. Public

177. Moral rights include: c

a. Integrity right, reproduction right and false attribu-

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tion right
b. Economic right, public performance right
c. Paternity right, integrity right, alse attribution right
and privacy right
d. Paternity right, distribution right and privacy right

178. Which one of the followings is correct? d

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 authorship of their work but not the
right to object any changes to their work upon they
transfer their work.
c. Under Berne Convention, authors are not allowed
to accept any changes to his original works upon they
transfer such works to other persons.
d. Under Berne Convention, authors shall reserve
moral rights upon they transfer their work to other
persons.

179. Before disclosing your graphic work which you have d

just created to any person, you (NHUNG HOÀNG)

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)

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180. In the UK, it is a _____ offence to apply a mark identical C

to (or likely to be mistaken for) a registered trade mark
to goods, labels, packaging or advertising materials
intended for use in relation to goods without the pro-
prietor's permission.

A. Civil
B. Moral
C. Criminal
D. Ethical

181. "Checking whether the design is new" in applying B

process for design registration in the UK.
Which of the following is RIGHT?(NHUNG HOÀNG)

A. An examiner of the UK Designs Registry will check

whether the design is new when recent application.
B. The Registry will search existing registrations for a
fee, if the applicant wants to check what is new
C. The Registry will search existing registrations, free
of charge, if the applicant wants to choose design is
new
D. "Checking whether the design is new can be done
only when the application is filed.

182. The requirement of proof of reputation is applied for b

the protection of......

a. Registered trade mark

b. Unregistered trade mark
c. Both registered and unregistered trade mark
d. Any trademark

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183. A designer is an employee of a publisher. Then, copy- a

right of all his artistic works under employment con-
tract is owned by.......(NHUNG HOÀNG)

a. This publisher
b. This designer
c. Both publisher and designer
d. Neither publisher nor designer

184. In case "Apple" is registered as trade mark of Apple a

Inc., the trade mark "Apple".......(NHUNG HOÀNG)

a. Can not be used by a company producing computer

and phone
b. Can not be printed in a T-shirt
c. Can not be used by a company selling apple
d. Can not be used by any company

185. What is the International Treaty that applies to C

industrial property in the widest sense, including
trademarks, industrial designs, utility models, service
marks, trade names, geographical indication repres-
sion of unfair competition?

A. Madrid Agreement, concluded in 1891, for the In-

ternational Registration of Trademarks
B. Berne Convention 1886 for the Protection of Liter-
ary and Artistic Works.
C. Paris Convention 1883 for the Protection of Indus-
trial Property.
D. Hague Agreement 1925 concerning the Interna-
tional Registration of Industrial Designs.

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186. If a mark or get-up has been used long enough to A

have generated a reputation, the owner can stop a
competitor from ___ goods or services as if they orig-
inated with the owner by use of identical or similar
marks or get-ups.

A. Passing off
B. Licensing
C. Contracting
D. Purchasing

187. Trade mark includes......(NHUNG HOÀNG) c

a. Only registered trade mark

b. Only unregistered trade mark
c. Both registered and unregistered trademark
d. Neither registered nor unregistered trademark

188. Copyright is protected ............ c

a. Everywhere in the world

b. By being registered
c. When the works in question is created
d. Only in the country where it is registered

189. According to Vietnam law, duration of moral right in b

literature work:
a. Lasts for 50 years from the year it is released to the
public
b. Lasts for the life of its creator plus a further 50
years.
c. Lasts for 70 years begins to run on the death of
the last surviving creator if two or more authors were
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jointly involved in the work

d. Lasts forever

190. A singer wishes to assign the right to reproduce a A

video she made about her concert. Which right does
the singer have?(NHUNG HOÀNG)
A. Copyright
B. Trademark
C. Patent
D. Industrial designs

191. What does copyright protection in sound recordings B

cover?
A. Only recordings of music
B. Any type of sound recording, including spoken
words and noises
C. Only digital recordings
D. Only films and broadcasts

192. The photographer owns the copyright but the person D

paying for the photograph to be taken can stop it
being used for other purposes, which is referred to as
________
A. Integrity right
B. Paternity right
C. False attribution right
D. Privacy right

193. Does copyright apply to live broadcasts?(NHUNG b

HOÀNG)
A. No, only recorded broadcasts are covered
B. Yes, copyright applies to both live and recorded
broadcasts
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C. Only if the broadcast is international

D. Only if the broadcast is on television

194. Who holds the copyright in the individual works, such A

as songs or plays, included in a sound recording or
broadcast?
A. The original creators of those works
B. The producer of the sound recording or broadcast
C. The broadcasting company
D. The director of the film or broadcast

195. In order to determine whether a company com- B

mits passing off, the determinative factor is whether
.......(NHUNG HOÀNG)

A. Products are similar

B. The 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

196. What are the basic requirements that trade mark A

should be?

A. Easy to remember and sufficiently different from

marks used by competitors
B. Easy to remember and creating confusion
C. Distinctive and confusion
D. All are correct

197. What challenge does the overlap between copyright A

and design right present in the engineering con-
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text?(NHUNG HOÀNG)

A. Uncertainty in whether certain structures, like a

microwave tower, are considered articles or buildings
B. Confusion over which law to apply
C. The inability to protect engineering designs
D. Conflicts between design and patent law

198. What criminal liability that a copyright infringer may C

face according to the UK law?

A. 10 years imprisonment
B. Unlimited fine
C. Both A and B
D. Neither A or B

199. Design right applies for____ A

A. the shape or configuration of an article

B. a method or principle of construction
C. None of the options
D. surface decoration

200. What is a potential area of overlap between copyright A

and industrial design protection?

A. Copyright may protect a design as an artistic work,

while industrial design may protect the same design
as a three-dimensional article.
B. Copyright protects functional aspects; and industri-
al design protects artistic ideas.
C. Industrial design exclusively protects digital de-

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signs.
D. Both protect only two-dimensional designs.

201. Unregisterable marks include____ A

A. 'purely' descriptive signs which indicate the nature
of the product
B. an invented word which is distinctive and not indica-
tive of the nature of the products
C. English words used out of context
D. All of the options

202. What happens if a consultant or Company B creates D

copyrighted material under a contract, but the con-
tract does not specify ownership?

A. The consultant or Company B owns the copyright,

but may have limited control over its use
B. The copyright is automatically assigned to Compa-
ny A
C. The consultant cannot use the material without
permission from Company A
D. The copyright remains with the consultant, with full
control

203. Company X pays Company Y for one copy of a pro- B

gram such as a word processing or accountancy pack-
age for a PC (Company Y is the owner of the program).
Company X then makes copies for every PC in the
company without the permission of the Company Y.
Which of the following option is wrong? (NHUNG
HOÀNG)

A. Company Y can sue Company X for the Copyright

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Infringement.
B. Company X can make copies of the program for
every PC in the company for internal use only within
the company as it has paid for the program already.
C. Company X does not have the right to make copies
for every PC in the company, unless the accompanying
license gives this permission.
D. Both of a&c

204. What is the purpose of "right of communication to the A

public"?

A. To control how the work is transmitted to the public,

especially electronically
B. To allow free sharing of the work
C. To enable the sale of physical copies
D. To ensure the work is only available in its original
form

205. Is it compulsory to register a trademark? B

A. Yes. This is a legal requirement.

B. No. Trade marks need not be registered
C. No. Because the protection of trade mark is auto-
matic
D. All are not correct.

206. What are the sources for IP law in the UK? D

A. International law
B. Domestic (UK) law
C. Precedents (Case Law)
D. All of them
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207. Which of the following is correct? D

A. A registrable mark can infringe a third person's

rights.
B. A mark must indicate the type, quality, purpose or
geographical origin of the products to be registrable.
C. A registrable mark can be contrary to morality.
D. A mark must be distinctive to be registrable.

208. What is a "public performance" in terms of copy- A

right?(NHUNG HOÀNG)

A. Any performance of a work in a public space

B. A private showing of a work
C. A limited distribution of a work
D. A performance by a professional artist only

209. What is the damage? A

A. A sum of money paid by the infringer to the IP

owner via a court's decision
B. A criminal liability
C. The profit that infringer received through their in-
fringements
D. An amount that the IP owner will receive from the
court

210. What is an IPRs (Intellectual Property Rights) assign- D

ment?

A. Both of b & c.
B. A legal/ administration action of an authorized State

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agency to grant IPRs to an individual and/or organiza-

tion on the IP that they created or owned.
C. A legal agreement in which the owner of an in-
tellectual property (IP) grants permission to another
party (other parties) to use that IP under defined con-
ditions.
D. A legal agreement on transferring of ownership of
IP from the assignor to the assignee.

211. What type(s) of IPR license can be?(NHUNG HOÀNG) B

A. Only an exclusive license.

B. Can be either an exclusive; sole or non-exclusive
license.
C. Only a sole license.
D. Only a non-exclusive license.

212. What is the social justification for the protection of C

intellectual property?

A. To create economic inequality

B. To provide creators with a monopoly
C. To encourage the dissemination of knowledge
D. To limit access to technology

213. What are the exclusions from design registration? C

A. A feature of a product is dictated by its function;

B. A feature which allows a product to fit to another
product.
C. A and B are correct
D. A and B are not correct

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214. The right for the creator of a literary, artistic, dramatic D

or musical copyright work to be named as author in
certain circumstances is(NHUNG HOÀNG)

A. the right of integrity

B. the right of privacy
C. the right of false attribution
D. the right of paternity

215. Which convention primarily deals with the protec- B

tion of industrial property such as patents and trade-
marks?

A. Berne Convention
B. Paris Convention
C. Rome Convention
D. Geneva Convention

216. Smith, who is a freelance, creates copyright material A

as hired and assigned by Peter Company, copyright is
owned by

A. Peter Company
B. Smith
C. Smith's colleagues
D. Peter Company's board of directors

217. Agreement on Trade-Related Aspects of Intellectual B

Property Rights (TRIPS) is an international agreement
that ... for all World Trade Organization members.

A. Sets maximum standards for protection of intellec-

tual property
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B. Sets minimum standards for intellectual property

protection
C. Regulates average standards for protection of intel-
lectual property
D. Sets basic limitations for intellectual property pro-
tection

218. Which is litigation model applied in the countries used B

the civil law system?
A. Adversarial litigation
B. Inquisitorial litigation
C. Civil procedure
D. Court procedure

219. Computer program can be simultaneously protected B

by:(NHUNG HOÀNG)
A. Trade Mark and Registered Design
B. Copyright, Patent and Confidential Information
C. Design Right, Trade Mark and Copyright
D. Trade secret and Trade Mark

220. Which of the following requires permission under A

copyright law?

A. Playing a song in a public venue

B. Listening to music at home
C. Sharing a book with a friend
D. Writing a review of a movie

221. What is primary infringement of design right? A

A. Copying a design and making an article that is ex-

actly the same or only slightly different.
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B. Selling a product that looks similar to a protected

design.
C. Importing a product without permission.
D. Hiring out an article that is identical to another.

222. How to identify the infringement of the registered A

design?

A. Using visual test

B. Asking friends
D. Using fair dealing test
C. Just refer to the court or authority and wait for their
opinions

223. According to the UK's law, copyright for a novel, which A

is written by a novelist, in 2011, lasts for ______ (Kiểu hỏi khác: According
to Vietnamese law, copy-
A. The novelist's life plus 70 years right for a poem, which is
B. The novelist's life plus 50 years written by Smith, lasts for
C. 20 years A. The novelist's life plus
D. The novelist's life 70 years
B. The novelist's life plus
50 years
C. 20 years
D. Smith's life)

224. Which of the following is incorrect? A

A. Nonfiction information is copyrightable.

B. The author's intention when making a literary work
is irrelevant to its copyrightability.
C. Short phrases are generally not protected by copy-

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right.
D. None of the options

225. Regarding an exclusive license and a non-exclu- A

sive license, which of the following is right?(NHUNG
HOÀNG)

A. The exclusive license: the IP owner promises not

to compete with the licensee and not to grant other
licenses in the same field.
B. The non-exclusive license transfers ownership of
the IP to the licensee.
C. The exclusive license does not prevent the licensor
from using the IP.
D. The non-exclusive license does not allow multiple
licensees to use the IP.

226. Who traditionally owns the copyright in a sound C

recording?(NHUNG HOÀNG)

A. The composer of the music

B. The person who performs the music
C. The person making the arrangements necessary for
the recording to be made, typically the producer
D. The recording studio

227. What does copyright in software include? A

A. Protection of the code and related documentation

B. Only the visual design
C. Only the underlying ideas
D. Only the user interface

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228. What entity typically owns the copyright in a broad- C

cast?

A. The director of the broadcast

B. The actors in the broadcast
C. The broadcasting company that makes the broad-
cast
D. The viewers of the broadcast

229. Which IPR does not protect a technical report or spec- D

ification?

A. Copyright
B. Patent
C. Confidential information
D. Design right

230. Which of the following is not a moral right in Viet- A

namese IP law?

A. Right to make copies

B. Right to attribution
C. None of the options
D. Right to publish the work

231. What must an idea have to be protected by copy- B

right?(NHUNG HOÀNG)

A. Be original and registered

B. Be expressed in a tangible form
C. Be reviewed by an authority
D. Be published

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232. What happens to copyright protection when minor B

bug-fixing changes are made to a computer pro-
gram?

A. The program loses its copyright protection

B. The former copyright still applies
C. A new copyright must be filed
D. The changes are not protected by copyright

233. Assuming that an article is not common place, if this A

article could have been protected by a registered de-
sign but no application was filed, what is the potential
result?

A. It will be protected by design right.

B. It will be protected by trademark
C. It will be protected by copyright
D. All are not correct

234. A trade mark can be any of the following except a C

A. Word
B. Symbol
C. Formula
D. Phrase

235. The term "Apple" can NOT be a trade mark of........ B

A. Any business
B. Any business selling apples
C. Any business selling smartphones
D. Any business selling computers

236. C

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The standard that must be met for a plaintiff to win

a trade mark dilution claim is the likelihood of confu-
sion.

A. Yes. Likelihood of confusion is the key indicator to

identify a trade mark infringement.
B. No. Since dilution is a form of damage in passing
off, the plaintiff must show there is a reputation in
the mark or get-up; there has been confusion in the
marketplace, and the owner has suffered damage to
win the claim.
C. No. The damage is the fundamental indicator in a
dilution claim, that the plaintiff must prove to win the
case.
D. There are no correct answers

237. Registration of a trade mark is(NHUNG HOÀNG) B

A. automatic
B. subject to an approval process through the desig-
nated authoritative body
C. dependent upon a corporation using a priori means
to establish an original mark.
D. dependent upon whether the mark has been estab-
lished as being diluted

238. Distinguishing those products from the products of C

competitors and being capable of indicating goods or
services originating from a particular source are ....
element of trade mark.

A. Comparative
B. Original
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C. Distinctive
D. Memorable

239. A Community Trade Marks (CTM) is valid in _ B

A. All member countries of the WTO

B. All member countries of the EU
C. All member countries of the WIPO
D. All member countries of the UN

240. According to TRIPS, a registered mark can give the C

owner....

A. Exclusive right to prevent use by a third party in

the course of trade of an identical or similar sign for
identical or similar goods
B. Exclusive right to prevent use by a third party in
the course of trade of an identical or similar sign for
identical or similar services
C. Exclusive right to prevent use by a third party in
the course of trade of an identical or similar sign for
identical or similar goods and services
D. Exclusive right to prevent use by a third party in
the course of trade of an identical or similar sign for
different goods

241. If the design is NOT put to practical use,..... C

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
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time it is created
D. Its legal protection shall last for 20 years from the
time it is created

242. In the context of the 'must fit' exception, which of the C

following scenarios is true?

A. The entire car exhaust system can be copied with-

out permission
B. The design of a contact lens front surface can be
copied
C. Only the parts of an exhaust system that connect to
the car can be copied
D. The overall shape of a car cannot be copied

243. Which of the following cannot be registered as a B

design under the Registered Designs Act?(NHUNG
HOÀNG)

A. A sculpture
B. A computer program
C. A vehicle's external shape
D. A typeface

244. Which is not the way of recovering the cost of devel- C

oping an engineering technology (an IP)?

A. Both of b&d
B. Granting a license to a company, who all paid a
royalty for the right to use the IP.
C. Applying for the IP registration at an authorized
State agency.

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D. Making a product and selling it, with the IPR keep-

ing competitors out of the market.

245. How to acquire IPRs? D

A. Assignment
B. Licensing
C. Know-how contract
D. All are correct

246. Which of the following is NOT a type of Intellectual D

Property Right (IPR)?

A. Patent
B. Copyright
C. Trademark
D. Real Estate Ownership

247. Why is protection of Intellectual Property Rights (IPRs) ABD

significant?
(check all that apply)

A. Encouraging creations and innovations

B. Protecting innovations and investments required
for the development of advanced technologies.
C. Not sustaining long-term social growth.
D. Promoting a comprehensive cooperation among
countries worldwide.

248. If an owner of copyright believes the material it pro- B

tects is being copied without permission, which are
the courts the owner will take a legal action for the
infringement?(NHUNG HOÀNG)

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A. Courts having the jurisdiction on labor cases.

B. Civil courts.
C. Courts having the jurisdiction on marriage issues.
D. Courts having the jurisdiction on administrative
cases.

249. What does this mean for Ander if he is an author of a D

novel based on the "National treatment principle" in
the Berne Convention on Literary and Artistic Works
1886

A. He is required to register his works with the Berne

Convention office.
B. He is exempt from any copyright regulations in the
Berne Convention's country members
C. His novel will be in the public domain.
D. Ander is given the same rights and privileges (copy-
right) to his novel as domestic authors in any country
that ratified Berne Convention.

250. What is the main domestic law applicable in the UK for A

copyright?

A. The Copyright, Designs and Patents Act 1988 and

its revision
B. A WIPO Treaty on Copyright
C. EU directives on e commerce and digital copyright
D. The Patents Act 1977

251. What is the requirement for an invented word to be a A

trade mark?

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A. It must be distinctive
B. It must be meaningful
C. It must indicate the nature of the products
D. It must be new

252. Who is the designer? D

A. The draughts person who made the drawing

B. Anyone who contributes the ideas of the drawing
C. Person who provides the concept for designing
D. All are correct

253. What does the term "moral rights" refer to in copy- A

right?

A. Rights related to the integrity and authorship of a

work
B. The right to make a profit from the work
C. The right to distribute the work
D. The right to modify the work without restrictions

254. *When you use the registered trade mark in relation C

to the goods/services specified in the registration,
there is an infringement.(NHUNG HOÀNG)
A. True.
B. It depends.
C. False. Besides what mentioned, the infringement
must be caused with confusion.
D. False. Because the use of registered trade mark in
relation to the goods/services specified in the regis-
tration is passing off.

255. D
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Which of the following is correct?

A. According to UK law, false attribution right lasts for

the life of the creator plus 50 years.
B. Copyright extends to nonfictional information.
C. According to UK law, copyright to a written work
lasts for life plus further 50 years after the author's
death.
D. Copyrightable graphic works are protected by artis-
tic copyright.

256. Which of the followings is NOT primary infringement B

of copyright?

A. Copying part of a work without consent of author

B. Importing infringing copies
C. Translating a work without consent of author
D. Adapting a work without consent of author

257. In the UK, if a design is created by a computer with- A

out human intervention, the design right is owned
by_____(NHUNG HOÀNG)

A. the person by whom the arrangements necessary

for the creation of the design are undertaken
B. anyone who think of the design
C. the person by whom the arrangements unneces-
sary for the creation of the design are undertaken D.
the computer

258. How long does copyright last in a broadcast? B

A. 70 years from the date of creation

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B. 50 years from its first transmission

C. 50 years from the date it was created
D. 100 years from the date of first transmission

259. What does "moral rights" protect?(NHUNG HOÀNG) A

A. The author's right to be recognized as the creator

and to protect the integrity of the work
B. The financial rights of the author
C. The right to distribute the work
D. The public's right to access the work

260. What happens to a work when its copyright ex- B

pires?(NHUNG HOÀNG)

A. It is destroyed
B. It enters the public domain
C. It is renewed automatically
D. It becomes the property of the government

261. Who is a Defendant in a Case on Intellectual Property B

Rights (IPR)?NHUNG HOÀNG)

A. The party who initiates the lawsuit by filing a com-

plaint at a Court.
B. The party being accused of infringing on the IPR by
another party.
C. The Owner of the IP or the party holding the rights
to the IP
D. Both of a&c.

262. Why are intellectual property rights justified from an C

economic perspective?(NHUNG HOÀNG)

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A. They restrict market entry

B. They promote monopolies
C. They encourage innovation and investment
D. They limit consumer choice

263. What does the term "WIPO" stand for?(NHUNG B

HOÀNG)

A. World Investment Policy Organization

B. World Intellectual Property Organization
C. Wildlife Investigation and Policing Organization
D. World Institute for Prevention of Organized Crime

264. Copyright protection is available for_____(NHUNG D

HOÀNG)

A. Scènes à falre
B. ldeas
C. Test method
D. An original novel

265. Which is the most appropriate option below regard- D

ing the legal liabilitles imposing on IPR infringe-
ments?(NHUNG HOÀNG)

A. Civil Remedies
B. Administrative Sanctions
C. Criminal Penalties
D. All of a; b and c

266. What additional rights exist alongside the copyright of A

a sound recording?(NHUNG HOÀNG)

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A. Separate copyrights for the individual components

like songs or scripts used in the recording
B. Only the recording itself is protected by copyright
C. Rights to sell or license the recording in perpetuity.
D. Copyright for the recording studio where it was
made

267. Computer programs can be protected by which IPRs? D

(Meo: Topography right,
A. Copyright, topography right, trademark patent, confidential info-
B. Confidential information, topography right, patent rmation, copyright)
C. Trademark, confidential information, copyright
D. Patent, confidential information, copyright

268. A design has individual character if(NHUNG HOÀNG) B

A. It appeals to the eye of the ordinary consumer

B. It gives a different overall impression, when com-
pared with prior designs, to someone who is an inter-
ested consumer for the products in question
C. The difference over previous designs are not trivial
D. Every one can find the difference between this de-
sign and others

269. Is 'One Touch View' registrable as trade mark for a B

telephone apparatus?

A. Yes. Because it is used out of context

B. No. Because it describes one of phone's features
and is unregistrable
C. No. Because it is generic
D. All answers are incorrect.

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270. Which of the following mark is likely to be register- A

able?(NHUNG HOÀNG)

A. 'Mikka' for photocopiers

B. 'Touch' for a touch screen device
C. 'Miniclaw' for gardening tools
D. 'Orlwoola' for woolen goods

271. In registered design, 'design' means B

A. the internal description of the whole of a product

which is not seen in normal use
B. the appearance of the whole or a part of a product
resulting from the features of, in particular, the lines,
contour, colours, shape, texture and/or materials of
the product itself and/or its ornamentation
C. the design of any aspect of the shape or configura-
tion (whether internal or external) of the whole of an
article
D. the design of any aspect of the shape or configura-
tion (whether internal or external) of the whole or part
of an article

272. Overlapping protection can be a strategic tool for: B

A. Maximizing legal costs

B. Increasing the scope of protection
C. Avoiding legal responsibilities
D. None of the above

273. In Vietnam law, what does industrial property right B

include? (NHUNG HOÀNG)

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A. Rights to plant varieties

B. Industrial design
C. Copyright
D. All are correct

274. Which of the following is an example of "communica- A

tion to the public"?
(NHUNG HOÀNG)

A. Streaming a movie online

B. Mailing a book to a friend
C. Selling a CD in a store
D. Reading a book at home

275. A trade mark can exists under forms of a shape or A

a picture, either alone or combined with a word or
words. Is this statement correct? (NHUNG HOÀNG)

A. Yes. It is
B. No. Trade mark includes words or picture only
C. No. Trade mark exits under form of symbols
D. All are not correct.

276. Which of the following is an example of a comput- A

er-generated work that would be protected by copy-
right?

A. An image captured by an automatically scanning

camera in a security system
B. A photograph taken manually by a person
C. A software program written by a human
D. A handwritten manuscript

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277. There is NOT infringement of copyright D

when.......(NHUNG HOÀNG)

A. The copy is made in different medium

B. A small part of work is copied
C. The work is translated into a foreign language
D. The work is reviewed

278. If 'Supreme' is registrable for photography prod- B

ucts?(NHUNG HOÀNG)

A. Yes. Because it is distinctive

B. No. Because it indicates the photo quality
C. Yes. Because there is no relevant between photo
and supreme
D. No. Because 'Supreme' is a fashion trademark

279. Which is the most appropriate option below regard- D

ing the potential Defendant in a Case on Intellectual
Property Rights (IPRs)?

A. The party (individual or company) that is allegedly

using, selling, or reproducing the IP without proper
authorization.
B. The party (individual or company) that is alleged-
ly producing or selling products that infringe on a
patent, trademark, or copyright.
C. The party (individual or company) that is allegedly
involving in any action that is claimed to infringe the IP
rights such as importing infringing goods or providing
services that infringe on protected IP.
D. All of a; b and c

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280. In litigation: Plaintiff and Defendant, each party ar- D

gues their case, often entirely orally, and the judge de-
cides which side has the better argument. The model
is known as ....(NHUNG HOÀNG)

A. Criminal procedure.
B. Inquisitorial litigation.
C. Civil procedure.
D. Adversarial litigation.

281. What is the "most favored-nation (MFN) treat- B

ment" principle with regard to IP protection?(NHUNG
HOÀNG)

A. It means that any advantage, favor, privilege or

immunity granted by a member state to its nationals
shall not be accorded immediately and unconditional-
ly to the nationals of all other member states.

B. It means that any advantage, favor, privilege or im-

munity granted by a member state to the nationals of
any other country shall be accorded immediately and
unconditionally to the nationals of all other member
states.

C. It means that only the nationals of a member state

can be granted advantage, favor, privilege or immuni-
ty with regard to IP protection but the nationals of all
other member states.

D. Both of a&c

282. D
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Which value of ideas and information that Intellectual

Property Rights (IPR) protect?(NHUNG HOÀNG)

A. Ethical value
B. Moral value
C. Social value
D. Commercial value

283. A literary work must be......... for being protected by C

copyright

A. long
B. complex
C. Neither long nor complex
D. Long and complex

284. A patent application has been updated after it has B

been filed to incorporate new features.

A. True
B. False

285. A patent granted in the one country has legal ef- B

fect.......

A. Worldwide
B. only in the country of registration
C. in the European Union
D. in country of nationality of the owner

286. A patent is infringed .......... A

A. Only when every feature within at least one claim is

used in the allegedly infringing article or process
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B. When some features are used in the allegedly in-

fringing article or process
C. The allegedly infringing article or process looks like
the patented one
D. The allegedly infringing article or process is devel-
oped from the patented one with consent of

287. A photograph is protected by .......... A

A. copyright
B. patent
C. registered design
D. Trademark

288. A registered design can not be protected by......... B

A. Copyright
B. Design right
C. Patent
D. Registered design

289. A registration of domain names usually lasts for .... B

year(s), and if not renewed, can be allocated to anoth-
er owner.

A. 1
B. 2
C. 3
D. 4

290. A tool kit can not be protected by......... A

A. Copyright

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B. Patent
C. Design right
D. Registered design

291. A trade mark can be........ D

A. A word
B. A symbol
C. A smell
D. An invented word, a symbol and a smell

292. A trade mark is always protected, even if it loses its B

distinctiveness.

A. True
B. False

293. A triangle eyeglasses box can be protected by............ A

A. Design rights
B. Copyright
C. Patent
D. Trademark

294. An article of company X was designed by its employ- C

ee.- Mr. Y. Two years later, X transfers design right of
this article to other company without consent of Y.
Such transfer is.....

A. A secondary infringement of design right

B. A primary infringement of design right
C. Not an infringement of design right
D. An infringement of copyright

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295. An engineering drawing on paper is NOT protected C

by

A. Copyright
B. Patent
C. Trademark
D. Design right

296. An exception to patent infringement is...... A

A. Using the patented invention on behalf of the gov-

ernment
B. Selling a patented product for non-commercial use
C. Copying that patent for personal use
D. Using that patent for public use

297. An unregistered trade mark shall be..... B

A. Fully protected
B. Partly protected
C. Not protected
D. Full protected within limited period

298. Article 50 of TRIPs requires courts or equivalent ju- B

dicial authority to grant a provisional measure order
accordingly the applicant's request (with out any re-
quest)

A. True
B. False

299. As the term "BM Apple" as registered as a trade A

mark of a company selling apples, the term "BN Ap-

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ple".........

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
C. Can be registered as a trademark of all company
D. Can not be registered as a trademark of any com-
pany

300. Ben covers a song with consent of the author. In addi- B

tion to the name of the author, Ben adds his name to
that song. Ben might .......

A. commit infringement of reproduction right

B. commit infringement of paternity right
C. not commit infringement of intellectual property
right
D. commit infringement of translation right

301. Business methods are....... A

A. patentable in the US but not patentable in the UK

B. not patentable in both UK and US
C. patentable in both UK and US
D. Not patentable anywhere

302. Buying a toy car being protected by registered design C

is.......

A. A secondary infringement of design right

B. A primary infringement of design right

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C. Not an infringement of design right

D. An infringement of copyright

303. Comparative advertising does not infringe trade mark B

use unless

A. it is for the company's advantages

B. it is not in accordance with honest business prac-
tices.
C. it serves customers with information
D. All trade mark uses in comparative advertising con-
tribute the infringement to trade mark protection

304. Computer program can be protected by B

A. Copyright, topography right, trademark

B. Confidential information, topography right, patent
C. Trademark, confidential information, copyright
D. Topography right, patent, confidential information,
copyright

305. Copyright can be applied to D

A. Music, plays and conventional artistic works includ-

ing paintings and sculptures.
B. Works of artistic craftsmanship such as individually
designed items of furniture.
C. Typefaces and to typographical editions, that is, the
way a literary work is laid out on a page.
D. All of others are correct

306. Copyright license can only be made in writing B

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A. True. Since the IP license can be granted only in

written forms.
B. False. An IP license can be also granted orally but
it is highly preferable if the agreement is in written
form.
C. False. An IP license can only be made orally
D. None of the given statements are correct

307. Dealing with trading counterfeit goods is an interna- B

tional problem due to major differences in national
laws, particularly in the Far East. In these countries,
what measure prevails as a viable way for this prob-
lem?

A. Enacting a new international mechanism

B. International lobbying on a long-term basis.
C. Enhancing more international observations
D. Do nothing, since this is a domestic problem of a
country

308. Design right....... A

A. Can arise however the design is created and regard-

less 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

309. Domain names are registered by the principle of D

A. Peer-reviewed
B. censorship
C. Resources restriction
D. first-come first-served
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310. Duration of copyright in sound recordings or films A

according to UK law

A. Lasts for 50 years from the year the film or record

was made or, if it is released to the public, 50 years
from its release
B. Lasts for the life of its creator plus a further 50
years.
C. Lasts for 70 years begins to run on the death of
the last surviving creator if two or more authors were
jointly involved in the work
D. The copyright lasts for 70 years from the end of the
year in which the copyright material was created

311. Each of the following is considered trade dress except A

A. The white linen tablecloths at the Four Seasons

Restaurant in New York City.
B. The font and size of print used in a national store's
print advertising.
C. The brown uniforms and trucks at UPS.
D. The costume worn by your school's mascot at sport-
ing and other events.

312. Exclusive license is A

A. the licensee will have no competition

B. the licensor will afford no licenses to other persons
within the contractual territory
C. A and B are correct
D. A and B are incorrect

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313. If a book cover is designed under the order of a pub- C

lisher, the ownership of this page is ..........

A. The author of the book

B. The designer of this book cover
C. The publisher
D. Public

314. If copyright material is created by a computer, the C

owner of this copyright is ..........(NHUNG HOÀNG)

A. The computer
B. The company producing this computer
C. The person making the arrangement necessary for
that creation.
D. Nobody

315. If the design is put to practical use that means that the A
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

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316. In the 1990s, there was an explosion of names regis- A

tered by US Network Solutions, the administrator of
the top level domain (TLD) with the suffix .com. What
sorts of problems quickly arose then:

A. owners of trade marks identical to the domain

name objected to use of the domain name, and un-
scrupulous persons registered variations of famous
company names and offered to sell them for large
sums of money - this is called cyber-squatting.
B. Company can easily get their domain name as they
wish on the Internet, and this is more easier to com-
pany with famous brand.
C. People can register for domain names easier and
provide such names to anyone in need for free
D. Nothing happened.

317. In the UK, a trade mark is used without registering is A

permitted.

A. This is correct. A marked can be used without reg-

istering although it is recommended that registration
is always needed for enjoying protection.
B. This is not correct. Once being used, a trade mark
has already been registered.
C. This is not correct. Trade mark must be registered
before using in the course of trade
D. None of the statements are correct.

318. In the UK, if you want to search for registering of trade D

marks, who have all information to help you?

A. a trade mark agent

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B. patent attorney
C. a commercial searching organization
D. All are correct

319. In the UK, there are criminal provisions relating to A

misuse of trade marks and relate only to
A. Registered trade marks
B. Unregistered trade marks
C. Get-up
D. All are correct

320. In which case the designer owns rights in a registered C

design

A. The designer created the design in the course of

employment
B. The designer created the design under commis-
sion
C. The designer created the design at his own expens-
es for his own purpose
D. The designer assigns his registered design to an-
other person

321. Indirect compensation includes D

A. post-calculated, recurring payments, the amount

of which is determined under economic use or result
(sales, profits).
B. a pre-calculated amount paid once or in install-
ments
C. compensation for services and assistance rendered
by technical or professional experts.

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D. dividend or income from related operations: com-

mission paid to licensor for his assistance in selling.

322. Infringement of design right occurs when....... B

A. It exists two similar designs

B. It is shown that the alleged copyist had access to
the design in question
C. The activity of copying is proven
D. The design in concerned is registered

323. Integrity right applied to B

A. Computer programs, works created for newspa-

pers or magazines or multi-authored works, such as
encyclopedias
B. Copyright material created before the 88 Act came
into force on 1 August 1989, provided the creator was
alive on that day and had not assigned or licensed the
copyright.
C. Films created before 1 August 1989
D. None of others is correct

324. Manufacturing an article protected only by a UK grant- C

ed patent in China is.......

A. A secondary infringement
B. A primary infringement
C. Not an infringement of patent
D. An infringement of IP rights

325. Name of a product is protected by C

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A. Copyright
B. Confidential information
C. Trademark
D. Topography right

326. Once a design is registered in the UK, it will be protect- C

ed.....

A. worldwide
B. Only in the UK
C. In any country where such registration is applied
D. Outside of the UK

327. One of the requirements for an invention to be patent- B

ed is.......

A. Having individual character

B. Not being obvious
C. Being artistic
D. Being original

328. Part of an Internet address, such as cengage.com ’ A

Domain name

A. True
B. False

329. Passing off refers to infringement of ...... B

A. Registered trade mark

B. Unregistered trade mark
C. Both registered and unregistered trademark
D. Neither registered nor unregistered trademark

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330. Paternity right ....... D

A. Is similar to copyright
B. Lasts forever
C. can be transferred
D. Is given only to the author of an artistic works

331. Paternity right does NOT apply to: B

A. A book
B. Computer programmes
C. An article
D. A photograph

332. Protected trade marks include.... C

A. Registered trade marks

B. Unregistered trademarks
C. Both registered and unregistered trademark
D. All marks in the market of one specific country

333. Regarding the novelty, relevant date may be (i) Filing A

date; (ii) Priority date

A. (i) or (ii)
B. (i) and (ii)
C. Only (i)
D. Only (ii)

334. Surface decoration shall not be protected by any type B

of IPR.

a. True
b. False
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335. The assignment and licensing agreement shall be reg- B

istered by the competent authority as required by
law.
A. No. Only the licensing is needed
B. Yes. They can be registered upon the requirement
of the law
C. No. Only the assignment agreement is needed
D. No. They can never be registered

336. The author of copyright of a writing is ....... B

A. The person who provides ideas for this writing

B. The person who expresses this writing
C. Both the person who provide ideas for and express
this writing
D. The person who copying this writing

337. The author reserves the right to object any changes A

to his original work which would be prejudice to his
honor or reputation.

A. True
B. False

338. The color or shape of an item, if distinctive, is B

A. a trade mark.
B. trade dress.
C. a copyright.
D. a patent.

339. The design of contact lenses can .......... B

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A. Be protected by design rights

B. Not be protected by design rights
C. Be protected by patent
D. Not be protected by patent

340. The exclusive right of an offer or originator of a literary B

or artistic production to publish, print, sell, or other-
wise use that production for a statutory period of time
’ Patent

A. True
B. False

341. The know-how may be delivered in the forms of D

A. documents only
B. None is correct
C. technical service and other intangible forms only
D. the tangible forms or intangible forms

342. The main law applicable in the UK for copyright is A

A. The Copyright, Designs and Patents Act 1988 and

its revision
B. A WIPO Treaty on Copyright
C. EU directives on e-commerce and digital copyright
D. The Patents Act 1977

343. The Mark used by one or more persons, other than A

the owner, to certify the region, materials, mode of
manufacture, quality, or other characteristic of specif-
ic goods or services ’ Certification Mark

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A. True
B. False

344. The owner of copyright of a music sound recording is C

the...........

A. Author
B. Singer
C. Producer
D. Recorder

345. The protection of design right is applied.......... A

A. To all original and non-commonplace articles

B. To only registered articles
C. To only some technical objects
D. To only some artistic works

346. The term "Gala Apple" could be refused to be a trade B

mark because.....

A. It is not pronounceable
B. It indicates the nature of one type of apple
C. It is an invented word
D. It is not clear

347. To apply for a patent, an inventor must...... A

A. File an application at a patent office which must

comply with formal and technical requirements
B. Demonstrate that their invention works
C. State the date on which the invention was first

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"reduced to practice"
D. Apply it

348. To be protected by design right, an article must C

NOT.....

A. Be original
B. Be non-commonplace
C. Have an individual character
D. be original and non-commonplace

349. To be registered as a trade mark, a term must ...... C

A. Be distinctive
B. Not indicate the type, quality, purpose or geograph-
ical origin of the goods
C. Both distinctive and indicate the type, quality, pur-
pose or geographical origin of the goods
D. Be meaningful

350. Trade marks indicate a specific producer. A

A. True
B. False

351. Under Berne Convention, in most cases, the copyright C

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

352. Unregistered trade mark.......... B

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A. Can not be protected by IP law

B. Can be protected by IP law upon the satisfaction of
requirements
C. Can be protected by IP law in all cases
D. Can be protected by IP law in limited area

353. Until 2022, Vietnam has not been a contracting party A

of:(NHUNG HOÀNG)

A. WIPO Copyright Treaty

B. Bern Convention
C. Paris Convention
D. Hague Agreement

354. Using a trade mark in a different writing style A

is...........(NHUNG HOÀNG)
A. An infringement of trade mark
B. Not a primary infringement of trade mark
C. Not a secondary infringement of trade mark
D. An infringement of copyright

355. What does NOT protects the intellectual property cre- B

ated by designers?
A. Copyright
B. Patents
C. Registered designs
D. Design rights

356. What does royalty mean? A

A. post-calculated, recurring payments, the amount
of which is determined under economic use or result
(sales, profits).
B. a pre-calculated amount paid once or in install-
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ments
C. compensation for services and assistance rendered
by technical or professional experts.
D. dividend or income from related operations: com-
mission paid to licensor for his assistance in selling.

357. What intellectual property right can be li- A

censed?(NHUNG HOÀNG)
A. Any IPR
B. Copyright only
C. Registered design only
D. Trade mark only

358. What is an assignment? A

A. The ownership of IPRs is transferred from the as-
signor to the assignee. Upon assignment, the as-
signee becomes the owner of the rights.
B. The ownership of IPRs is transferred from the as-
signee to the assignor. Upon assignment, the assignor
becomes the owner of the rights.
C. The ownership of IPRs is transferred from the as-
signor to the other assignee. Upon assignment, the
assignor remains the owner of the rights.
D. None of the above definitions is correct

359. What is privacy right? B

A. The right not to be wrongly named, that is, not to

have a work falsely attributed to a creator
B. Relates to photographs taken under a commission
(i.e. for payment) for private purposes
C. The author's right to object to a distortion or muti-
lation of a work when it is published, or to changes
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made which are considered to be prejudicial to the

honor or reputation of the creator
D. The right for the creator of a literary, artistic, dra-
matic or musical copyright work and the director of a
film (unless he or she is an employee) to be named as
author or director in certain circumstances

360. What is the correct statement about 'originali- C

ty'?(NHUNG HOÀNG)
A. Originality means 'not copied' and nothing more
B. Originality requires creative effort
C. Originality means that the creator does not copy
others' work and has contributed skill or labour.
D. Originality means being totally new

361. What trade marks international system allows anyone B

with a trade mark registration in one member country
to make a single application covering all, or a selected
number, of other member countries?
A. Hauge Agreement
B. Madrid Agreement
C. Paris Convention
D. Berne Convention

362. When a machine is protected by registered design, the C

drawing of this machine is.....

A. Also protected by registered design

B. Not protected by IP rights
C. protected by copyright
D. Protected by patent

363. D
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When a trade mark has become representative of a

broad type of products as opposed to being descrip-
tive of a particular brand, the trade mark has become
........ and the holder has lost the right to enforce the
mark against competitors.
A. limited
B. authentic
C. original
D. generic

364. When you use the similar mark on the registered or B

similar goods/services is an infringement
A. Yes. This is enough to conclude that there is an
infringement
B. No. This will be an infringement when the use likely
causes public to be confused.
C. Yes. This is an infringement since it can devalue
goods or services.
D. Yes. This is an infringement because it offers more
choices for customers.

365. Which country is NOT a member of Bern convention C

before 2022?
A. Vietnam
B. Singapore
C. Laos
D. Indonesia

366. Which is considered as copying part of a work accord- B

ing to UK law?

A. Adapting a copyright work, which includes translat-

ing it.
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B. Copying one line of a well-known song in a nontech-

nical context
C. The extraction or reutilisation of a computer-stored
database, whether the whole or a substantial part
D. A photocopy of a book, or a scanned-in digital copy
of a photograph

367. Which is considered as infringing a broadcast pro- C

gram copyright?

A. Adapting a copyright work, which includes translat-

ing it.
B. Copying one line of a well-known song in a nontech-
nical context
C. Re-broadcast it or include it in another cable pro-
gramme
D. The extraction or reutilisation of a computer-stored
database, whether the whole or a substantial part

368. Which is NOT considered as copying part of a D

work?Which is NOT considered as copying part of a
work?(NHUNG HOÀNG)

A. Uses a 'substantial part' of a work.

B. Copying one line of a well-known song in a nontech-
nical context,
C. Copying one frame from a film
D. A photocopy of a book, or a scanned-in digital copy
of a photograph

369. Which is NOT right about "literary copyright" accord- D

ing to Act 88?

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A. A literary work is 'any work ... which is written,

spoken or sung'
B, Copyright applies from the instant the work is
recorded and the law refers to this being 'in writing
or otherwise'
C. The 88 Act is silent on quality or literary merit
D. The author's intention is relevant. An internal
memo is legally protected to the same degree and
the same value as a fully revised paper written for
publication.

370. Which is NOT right about "literary copyright" accord- A

ing to Act 88?

A. One word is sufficient to be a copyright work, such

as a company name
B. Titles of books and magazines, particularly when
they consist of conventional words, are not copyright
C. A list of code words or shorthand symbols will also
be protected by copyright
D. The only hint of a criterion is on length

371. Which is NOT right about copying computer pro- A

grams?(NHUNG HOÀNG)

A. Conventional translation of a program from English

into a foreign language
B. When an applications program on a disk is loaded
onto a personal computer (PC), a copy is made in a
different medium
C. When hardware is running software, parts of the
software code are copied internally, for example, from

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a read-only memory into an instruction register

D. Computer programs cannot be used without an
act of copying, it is legally essential for the copyright
owner to give permission for the copying.

372. Which of the following is an example of a suggestive D

trade mark?
A. Fruit of the Loom
B. Victoria's Secret
C. eBay
D. Netflix

373. Which of the following is not "use in the course of C

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

374. Which of the following is NOT a source of international B

copyright law?
A. Bern convention
B. Paris convention
C. TRIPS - Trade-Related aspects of Intellectual Prop-
erty Rights
D. WIPO Copyright Treaty

375. Which of the following is NOT an infrigment in copy- C

right according to UK law?

A. Copying in a different medium to the original work,

such as a photocopy of a book, or a scanned-in digital
copy of a photograph
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B. Making a short-term or transient copy

C. Speaking words aloud without making a copy
whether by shorthand or on tape
D. Making an object in three dimensions from a draw-
ing of that object

376. Which of the following is NOT an infrigment in copy- B

right?

A. Someone copies without the copyright owner's per-

mission
B. A photographer takes a photograph of a particular
scenic view, even though the photograph is virtually
indistinguishable to another person's photograph.
C. Someone creates a scene in a studio to reproduce
a scene in someone else's photograph
D. One similarity drawing has had access to the mate-
rial which has supposedly been copied

377. Which of the following is not eligible for immediate B

trade mark protection?
A. fanciful trade marks
B. descriptive trade marks
C. arbitrary trade marks
D. suggestive trade marks

378. Which of the following is NOT right about Copyright C

in computer programs according to UK law?(NHUNG
HOÀNG)

A. are classified as literary works

B. as 'any form of notation or code, whether by hand
or otherwise and regardless of the method by which,
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or medium in or on which, it is recorded'

C. enough for electronic copyright
D. The 88 Act does not define 'computer program' or
even 'computer' to ensure that the law will still apply
even when technology moves on and new types of
machine are developed which are not recognisable as
computers, or new methods of instructing hardware
are devised.

379. Which of the following is protected by copyright? C (Biểu thức)

A. Idea
B. Concept
C. Expression
D. None of others is correct

380. Which of the followings can be patented? C

A. Mathematical method
B. Presentation of information
C. New materials
D. Scientific theory

381. Which of the followings is correct? C

A. Trade mark must be a word in English

B. Trade mark must be an invented word
C. Trade mark could be a symbol
D. Trade mark must be pronounceable

382. Which of the followings is not true C

A. "Flowers" are not accepted to be registered for

flowers

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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

383. Which of the followings may be distinctive C

A. A natural shape of a good

B. A single color
C. A new cartoon & a non-descriptive invented word
D. A functional shape

384. Which of these events potentially triggers the right of C

attribution

A. Broadcasting a recording of a song on the radio

B. Uploading a song to a file-sharing website
C. Broadcasting a recitation of a poem on the radio
D. Using a song in a film

385. Which one of the followings is incorrect D

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.

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386. Which one of the followings is not correct C

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

387. Why do owners need to commercialize IPRs? D

A. IPRs owner should translate IPRs into money for
reinvestment and profit
B. IPRs owner may not have enough resources to ex-
ploit IPRs.
C. IPRs owner should commercialize IPRs by means of
assignment or license.
D. All are correct

388. You and your co-worker are employees of a design B

company. Both of you are assigned to create a com-
pany 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 pater-
nity
C. Only your company reserves the right of paternity
D. Your company, you and your friend all reserve the
right of paternity

389. You write an original story, what type of intellectual A

property right that you can claim?(NHUNG HOÀNG)
A. Copyright
B. Trademarks

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C. Registered designs
D. Patent

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