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S5 ICT | Information Literacy and Intellectual Property Practice Paper 3 (Challenge)
S5 ICT | Information Literacy and Intellectual Property Practice Paper 3 (Challenge)
Work with figures on terms and damages: patent counted from filing, twelve-month priority, trade mark renewals, four design renewals, and the two bases for damages.
Attempt first, mark afterwards Allow about thirty-five minutes; state the start date and the equation, then add one line on the legal meaning.
01 Paper details (check answers afterwards)
| Item | Detail |
|---|---|
| Questions | 10 items |
| Suggested time | About 35 minutes |
| Difficulty mix | Foundation 4 · Intermediate 3 · Challenge 2 · Error redo 1 |
| Chapter | Chapter: S5 ICT | Information Literacy and Intellectual Property |
| Level | S5 (Secondary 5) ICT |
02 Questions (10 items)
- FoundationFrom which date are the twenty years of a standard patent counted?
- FoundationUnder the Paris Convention, how long is the priority period after a first patent filing?
- FoundationA trade mark is registered and then renewed twice. How many years of protection is that in total?
- FoundationHow many renewals take a registered design from its first term to its maximum?
- IntermediateWho normally owns the copyright in software an employee writes at work?
- IntermediateWhat is the sound order of response after a customer data breach?
- IntermediateAn article of 1 200 words quotes 300 words from one source. What percentage is that?
- ChallengeOn what two bases are damages for IP infringement usually assessed?
- ChallengeAn infringer sold 800 copies at $45 profit each while the rights holder lost $30 per copy. Taking the higher basis, what are the damages?
- Error redoCopyright must be renewed periodically or it lapses. What is wrong with this statement?
03 Answers and one-line notes
| # | Answer | One-line note |
|---|---|---|
| 1 | From the filing date, the day the complete specification is filed, not from the grant date | Many assume the grant date and therefore overstate the remaining term, which leads to renewal errors. |
| 2 | Twelve months to file for the same invention in other member jurisdictions and claim the first filing date | The twelve-month priority window, shared with trade marks, exists to allow filing strategy across markets. |
| 3 | Thirty years, that is a ten-year first term plus two ten-year renewals | Ten times three equals thirty, and since renewals are unlimited the term can go far beyond that. |
| 4 | Four renewals, giving five years plus four five-year terms for twenty-five years in total | Twenty-five minus five is twenty, and twenty divided by five is four renewals. |
| 5 | The employer, unless the employment contract says otherwise | Works created in the course of employment differ from outsourced development, where an assignment clause decides ownership. |
| 6 | Contain and assess the impact first, then notify as required, inform affected individuals, and finally review and remediate | Getting the order wrong widens the damage: announcing before containing leaves the hole open. |
| 7 | Twenty-five per cent | 300 divided by 1 200 is 0.25, a quarter of the text, which is high enough that necessity must be explained. |
| 8 | The rights holder actual loss including lost profit, or the profit the infringer made from the infringement | Both may be argued and the court picks the basis better supported by the evidence. |
| 9 | $36 000, that is the infringer profit of 800 times $45 | 800 times 45 is 36 000, higher than the 24 000 loss figure, so 36 000 applies. |
| 10 | Wrong. Copyright arises automatically and needs no renewal; it ends only when its term expires | Trade marks, patents and designs are the rights that need renewal; copyright ends for one reason only, expiry of its term. |
04 What to do after marking
- After marking, redo only the wrong items and write down which step went wrong (formula, unit, or misread number).
- Repeat the same item two days later; move to the next paper only when both attempts are correct.
- Parents only need the answer and note columns; there is no need to explain every item.
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