E
TRAINING OF TRAINERS PROGRAM
WIPO TRAINING OF TRAINERS PROGRAM ON
EFFECTIVE INTELLECTUAL PROPERTY ASSET MANAGEMENT BY
SMALL AND MEDIUM-SIZED ENTERPRISES (SMEs)
Organized by
the World Intellectual Property Organization (WIPO)
in cooperation with
the Intellectual Property Rights Standing Committee, Ministry of Commerce and Industry
Kingdom of Saudi Arabia
Riyadh, September 16 to 18, 2014
FINAL ASSESSMENT TEST
Prepared by the international bureau of WIPO
WIPO/SMES/RYD/14
2
1.
What do you understand by the term “intellectual property rights” and what is its relevance for
SMEs?
2.
IP rights can be owned by:


Only natural persons
Only legal persons
3.
Your company invents a product comprising a new chemical formula (Tetrafluorethylene,) which
when used on, or applied to kitchen utensils has the characteristics of preventing food in general and eggs
in particular from sticking to the pan. Your company wants to ensure that it has the right to prevent
others from using the formula. Which of the following IP right/s could be relevant and why?





4.
Trade secrets
Copyright
Patent
Trademark
Industrial design
Which of the following is not true?

Trademarks act as an indicator or source and as an indicator of the quality of a product or
service.

Trademarks must be distinctive or have acquired distinctiveness in order to act as a trademark.

A trademark can be registered with Trademark Offices if there are no previously applied for or
registered trademarks existing at those Trademark Offices.

In most countries, trademarks can be registered for 10 years and renewed 2 times for an
additional 20 years.
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5.
Which of the following is not true?

Trademark searches are important to assist in determining whether a proposed trademark
conflicts with third party trademarks with earlier rights.

When conducting a trademark search and a potentially conflicting third party trademark is
identified, the following should be considered:
·
The similarity of the pronunciation, meaning, and visual appearance of the
respective trademarks.
6.
·
The similarity of the goods/services for the 2 respective trademarks.
·
The channels of trade for the 2 respective goods/services.

Trademark searches assist in making certain the proposed trademarks are inherently strong
trademarks

Trademark searches assist in understanding whether any third parties have somewhat similar
trademarks that may limit the ability to commercialize a trademark.
Which of the following is not true?
In some countries, sound, shapes, colors, touch and smell can act as trademarks.

Merely descriptive word trademarks such as “Blue” for water that immediately describe a
characteristic of a product or service are inherently strong trademarks that are easy to
register and have a broad scope of protection.

Generic words such as “Water” for water can never act as a trademark as this would allow
parties to have a monopoly on words that belong in the public domain for everyone to be
able use in commercial activities to indicate the generic nature of their products.

Trademarks serve the valuable commercial purpose of allowing consumers to be able to
distinguish between products manufactured and services provided by different companies.
To be registable trademark must
7.



8.

Be distinctive
Descriptive of the products on which mark is to be applied
Not be any language other than Thai Language
A trademark functions as




identifier of source of a product or service
assurance of certain quality of products or service
Differentiate the product of one manufacturer from the product of another manufacturer of
the same type of products.
As a means to increase the sales price of the product
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9.
John applied to register the trademark “aeroplane” for men’s shorts on 01.06.2013 in Saudi
Arabia. What products can David apply to register the “aeroplane” mark on?




trousers
pajamas
sweets
Coffee
10. Finest Products Company and Great Goods, Inc would like to add value to their products by
conducting external examination of the products and indicating their checked quality when
marketing. Finest and Great are not in business together and use their own marks. What might be
relevant in this situation?



a certification mark
a collective mark
a service mark
11. If a product has a particular quality or reputation because of the geographical region from which it
originates, then all enterprises in that region may be able to prevent other enterprises, outside that
geographical region, from free riding on that reputation/name by relying on a:





An individual trademark
A Geographical Indication
A Collective Mark
A Certification Mark
Depending on the national legislation by one, some or all of the above.
12. Industrial design protects the following

Features that appeal to the eye

Features that are functional

Colors of the product

The material in which the product is made of
13. To obtain copyright in an original “work” in form of artwork used on a new package :

It should be registered at the Department of Intellectual Property

It does not require to be registered anywhere

The work may be deposited at the Department of Intellectual Property
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14. Rights to this original art work (see question 13) terminates in Saudi Arabia :

70 years after the death of the author of the art work

50 years after the death of the author of the art work

20 years from the creation of the art work
15. A is one of the employees of your company, whose responsibilities include writing training/
operations manuals for your business.
a.
When she retires or otherwise is no longer employed by your company, would A be
entitled to reproduce or to give others the permission to make copies of the manuals she
wrote for you during the normal course of her employment?
b.
While being employed by your company, A was allowed to and worked as a freelance
journalist and a publicist. Realizing the value of A’s extra talent, she is requested to write
media release and an article for a local newspaper to promote the business of your
company. You agree to remunerate her for this work. Later on, you want to reproduce
the article in your new marketing booklet. Do you need her permission to do it?
16. A patentable invention must necessarily be:


A technical solution to a problem
May be any solution to any problem
17. Which of the following is not true?
 If a company has a trade secret for a soft drink and a third party reverse engineers the soft drink
and discovers the soft drink formula through the reverse engineering process, the third party has
violated the soft drinks owner’s trade secret rights.
 Trade secrets protect important valuable commercial information that isn’t known to the public.

To be considered a trade secret, the owner of the trade secret must take affirmative steps to
keep the information secret.
 Trade secret law acts as an incentive for businesses to innovate by safeguarding the substantial
investment and time to develop competitively advantageous innovations.
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18. Which of the following is not true?

Trade secrets can last forever as long as the owner of the trade secrets successfully takes steps
to keep the information secret.

When an employee creates information for his employer that the employer has made a trade
secret, the employee can use the information he created outside of work responsibilities or
share the information with a new employer he joins after leaving the trade secret owner’s
company.

Trade secrets may include, among other information, the following: formulas, devices,
compilations of information, technical information, manufacturing processes, marketing
information and customer lists.

It is important for trade secret owners to educate their employees about trade secrets and the
processes that must always be followed to maintain the trade secret
19. Who can enforce IP rights?



IP owner
Only a collective administration society
Any person
20. IP owner had the right:



Only to license
Only to assign
Both to license and to assign
21. The right of the owner of a patented invention is essentially:
 The right to exclude others who have not been permitted to use the patented invention
 The right of the owner to use the patent in his/her business for production of goods
22. If you have developed a new or improved product which required you to find a technical solution to a
problem faced by you before putting it on the market, you should:
 File a patent application at the Department of Intellectual Property, before putting the product or
disclosing publicly any key technical information about it
 Display the product and demonstrate the technology at an industrial fair
 Not worry at all about making a detailed announcement about the technical details of the improved
or new technology in an advertisement or other marketing materials
23. Copyright to a work in a country is enforceable:
 Only in that country
 If that country is a member of the Berne Convention and/or the World Trade Organization then it
would be enforceable in all member countries
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24. Peter and Alex are employed as designers in Saudi Arabia Woodcraft Ltd. The designs they create
while is the employment of Saudi Arabia Woodcraft Ltd. belong to
 Peter and Alex
 Saudi Arabia Woodcraft Ltd.
 The Government of Saudi Arabia
25. Ms. Diana creates a new floral ornamentation for wallpaper that she thinks will appeal to tourists
who visit Saudi Arabia. What type of Intellectual Property right should Diana consider registering to
protect the features of the wallpaper





Industrial design
Copyright
Trademark
Patent
Trade secret
26. The following article is not suitable for registration of industrial design




A car engine
A water pump
telephone
a kettle for use the house
27. A wooden cupboard made by craftsman with attractive carvings on the door is best protected from
being copied by the registration of (state one)





trademark
Industrial design
patent
trade secret
copyright
28. Which of the following is not true?

Competitive intelligence is the gathering and analysis of information from human and published
sources about market trends and industry developments that allows for advanced identification of
risks and opportunities in the competitive arena.
 Competitive Intelligence uses open sources, public domain information; not spying (breaking laws
and use of illegal means to gather information).
 By reviewing trademark applications from trademark offices around the world, a party is able to
identify potential new products a competitor may be interested in introducing.

By implementing deceptive methods to gather competitive intelligence, a company can identify
important trade secrets of competitors and freely use those trade secrets.
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29. Which of the following is not true?

General purpose IP Audits aren’t effective at identifying the whether commercial activities
may infringe the IP of other parties.

A general purpose IP Audit should identify all types of IP owned by the IP owner, including
patents, designs, trademarks, copyrights and trade secrets.

Before beginning an event driven IP audit for an acquisition with another company, a mutual
non-disclosure agreement should be signed between (a) the potential acquirer, investor, or
creator and (b) the target company.

When conducting an IP Audit, it is important to create an IP Audit Plan that specifies the
purpose, scope, expected length of the IP Audit, the budget, and who will be responsible for
each area of the IP Audit Plan.
30. A is the Managing Director of A Manufacturing Ltd. of Saudi Arabia, which is involved in the design
manufacture, and sales of beautiful wooden handicrafts. He says he employs craftsmen on a full-time
basis to create new types of wooden handicrafts such as pictures frames, bed-side tables, wooden
chairs and tables. Every new product is put in the display area of his showroom which area is open to
the public. He is angry that his products are copied and reproduced by his competitors in Saudi
Arabia. A also informs you that he has a secret formulation for the varnish he applies on his products.
What would you advise him to ensure that his competition do not unlawfully compete with his
business. (In your advice ignore non-intellectual property issues)
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31.
You are the new CEO of a major Saudi Arabia company which is rich in IP assets. However, the
assets have not been fully exploited. You wish to explain to your board of directors that the IP
assets can be exploited for a number of purposes. Please name three of the purposes of exploiting
IP assets.
32.
You have been approached to become a licensee of a water purification technology and to sell the
purified water in Saudi Arabia. What are the benefits of obtaining a license?
33.
What are the risks of licensing for a licensor?
34.
What is the difference between licensing and franchising?
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35.
What are the three types of IP Audit?
36.
Your company wishes to acquire a company which has a lot of IP assets. Should you do an IP audit?
If so, please give three reasons.
37.
What are the agreements which should be audited?
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38.
What are the valuation methods that are normally used to determine the value of IP assets?
39.
The value of an IP asset is always affected by various factors. Please name 5 factors?
40.
Every company should do a “SWOT” analysis? What do the letters “SWOT” stand for?
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