Intellectual Property Exam Questions

• C A piece of music (1)
• The only correct answer is C. The correct answer is A piece of music.
• A is not correct because a brand name is protected by a trademark
• B is not correct because a new invention, such as a method or design, is protected by a patent
• D is not correct because a product name is protected by a trademark

• C Patent (1)
• The only correct answer is C. The correct answer is patent.
• A is not correct because copyright protects original works such as books, music and software, not inventions
• B is not correct because licensing grants permission to use a work, it does not protect an invention
• D is not correct because a trademark protects a brand name or logo

• B Apply to register the name (1)
• The only correct answer is B. The correct answer is apply to register the name.
• A is not correct because advertising a name does not make it a registered trademark
• C is not correct because a licence grants permission to use software and does not register a name
• D is not correct because publishing a name on a website does not make it a registered trademark

• D Trademark (1)
• The only correct answer is D. The correct answer is trademark.
• A is not correct because copyright protects creative works such as books and music
• B is not correct because licensing is permission from the owner to use a work
• C is not correct because a patent protects an invention

Award one mark for:

• Inventions/new processes/methods (1)
• How a product/device works/is made (1)

Do not accept ideas alone, company names/logos (trademarks) or software code (copyright).

Award one mark for any of the following up to a maximum of two marks:

• A legal right/protection (1)
• For original work (such as software, books, music or video) (1)
• Gives the creator/owner control over how the work is copied/used/distributed (1)
• Can be sold/licensed by the creator/owner (1)
• Is automatic when the work is created (1)

Do not accept a named Act/law.

Do not accept a licence key/serial number (this is licensing, not copyright).

Award one mark for any of the following up to a maximum of two marks:

• A company/brand name (1)
• A product name (1)
• A logo (1)
• A symbol (1)
• A slogan (1)

Allow 'logo' and 'symbol' as two separate points if both are given.

Do not accept 'name' or 'brand' on its own.

Do not accept an invention (this is protected by a patent).

Do not accept software code (this is protected by copyright).

Do not accept other methods of intellectual property protection, e.g. patent/copyright.

Do not accept 'a design' on its own; allow if qualified as a logo/brand design.

Award one mark for any of the following up to a maximum of two marks:

• A legal agreement/contract (between the supplier and the user) (1)
• Gives the user the right/permission to use the software (1)
• Sets out the terms/conditions of use, including what the user can and cannot do with the software (1)

Award both marks only where two separate ideas are given. A phrase that states both ideas, e.g. 'a legal agreement giving permission to use the software', earns both marks.

Allow examples of conditions of use, e.g. number of devices/users, whether the software can be copied or modified, for the terms/conditions point.

Do not accept a licence key/serial number/activation code on its own; these enforce a licence, they are not the licence.

Do not accept copyright on its own; copyright protects the code, it does not give permission to use the software.

Award up to two marks for a linked description such as:

• Copyright gives the author the legal right to control how the program is copied/used/shared (1) so other people must get permission before copying/using it (1)
• Copyright applies automatically as soon as the program/code is written (1) so protection exists without the author having to register/apply for it (1)
• Copyright gives the author the right to take legal action against anyone who copies the program (1) to stop them using/distributing it without permission (1)
• Copyright prevents other people from adapting/modifying the program (1) so they cannot release a changed version as their own work (1)

Award (1) for a correct point even if it is not developed.

Do not award responses about other methods of protection (patents, trademarks, licencing).

Do not accept responses about keeping the program secure from hacking/malware; copyright does not make software secure.

Do not accept that copyright must be registered/applied for, or that it is only the © symbol.

Do not accept references to named laws/Acts.

Award up to two marks for a linked description such as:

• A patent gives the company the exclusive/only right to make/use/sell the invention (1) so other companies cannot copy it and sell their own version (1)
• The company must apply/register for the patent (1) so the invention is officially recognised as belonging to the company (1)
• A patent is only granted if the invention is new/not obvious (1) so the company must show how its processor is different from existing designs (1)
• A patent protects the invention for a fixed period of time (1) after which other companies are allowed to use it (1)
• The company can take legal action against anyone who copies the invention (1) to stop them making or selling it (1)

Do not award responses about copyright, trademarks or licencing.

Do not accept responses saying a patent protects the program code/source code, or that a patent stops hacking.

Do not accept responses saying a patent is granted automatically or lasts forever.

A prevention statement on its own, e.g. 'a patent stops other companies copying', earns one mark; award the second mark only for a linked development.

Award up to two marks for a linked description such as:

• Registering the logo/name as a trademark gives the company the exclusive right to use it (1) so rival companies must use different branding on their consoles (1)
• A trademark stops competitors using the same/similar logo/name (1) so customers are not confused about which company made the console (1)
• A trademark identifies the goods as coming from that company (1) so customers can recognise products from that brand (1)
• The trademark owner can take legal action against a company that copies the logo/name (1) to get fake/counterfeit consoles removed from sale (1)

A point on its own can earn one mark; the second mark needs the linked development.

Do not award responses about copyright, patents or licencing.

Do not accept responses saying a trademark protects the program code/software itself.

Do not accept responses saying the logo/name is automatically protected without registration.

Do not accept responses saying a trademark prevents copying of the product design.

Do not accept responses that only describe copyright protecting the logo.

Award up to two marks for a linked description such as:

• The licence (agreement) states what the user is allowed/not allowed to do with the app (1) so the user cannot use the app in ways the company has not permitted (1)
• The licence states how many devices/users can install/use the app (1) so the app cannot be installed on more devices than have been paid for (1)
• A licence key/activation code is checked when the app is installed/started (1) so the app will not run unless a valid licence has been bought (1)
• The user must accept the licence terms before installing/using the app (1) so the user is bound by the conditions it sets (1)
• The licence states whether the app can be copied/shared (1) so the user is not permitted to pass copies on to others (1)

Allow 'license' as an alternative spelling.

Allow (two or more) users/devices, and 'installed' for 'used', in the second point.

Award one mark only where the response states a point without a development, e.g. 'the user has to agree to the licence'.

Do not award credit twice for the same point: the licence key and the limit on devices are separate points, so a response that only says the app will not work without a key earns the key point only.

Do not accept responses that only state a licence must be paid for/makes money for the company.

Do not accept naming licence types (open source, freeware, shareware) without saying how the licence controls use of the app.

Do not accept responses about copyright, patents or trademarks.

Do not accept responses about stopping hackers/malware, passwords or encrypting the app.

Award up to two marks for a linked explanation such as:

• Other people are not allowed to copy/reproduce/distribute the code (1) because the programmer owns the legal rights to the work (1)
• The programmer can take legal action against someone who copies the game (1) because copying the work without permission is copyright infringement (1)
• The programmer can choose who is allowed to use or sell the game (1) because only the owner can give permission for the work to be used (1)
• The programmer can still earn money from the game (1) because other people cannot sell copies of it and keep the profit (1)

For both marks, the expansion must follow/associate with the statement.

Bullets 1 and 3 are alternatives: award the first mark once only for the idea that others cannot copy or use the work without the programmer's permission.

Do not accept answers about keeping the code secure or secret, e.g. passwords, encryption, anti-malware or stopping hackers, as these do not protect intellectual property rights.

Do not accept answers that describe patents or trademarks, as these are different methods of protection.

Do not accept 'it stops people stealing it' on its own without saying what is protected, e.g. the code cannot be copied or sold without permission.

Award up to two marks for a linked explanation such as:

• Other companies are prevented from making/using/selling the invention (1) because the patent gives the company the legal right to it (1)
• The company can take legal action against anyone who makes/uses/sells the processor without permission (1) because the patent gives the company the legal right to stop others using its invention (1)
• The company can make money from the invention (1) because other companies must ask permission/pay the company to use it (1)
• The company keeps the exclusive rights to the invention for a set time (1) so it can recover the money it spent on research and development (1)

For both marks, the expansion must follow/associate with the statement.

Allow a statement of the protection a patent gives on its own for one mark, e.g. 'no other company can use the invention' (1) or 'it stops other companies copying it' (1), but the second mark needs a linked reason such as the legal right the patent gives the company.

Allow 'exclusive rights'/'only the company can make or sell the invention' for the first mark of the 'set time' bullet.

Do not require a specific number of years for the 'set time' point.

Do not accept answers about keeping the design secret or stopping hackers, as the details of a patent are made public and this is not a security method.

Do not accept copyright or trademark as the method, as these do not protect an invention.

Award up to two marks for a linked explanation such as:

• Other companies cannot use the same/very similar logo (1) because registering it means the company legally owns it (1)
• The company can take legal action against anyone who copies the logo (1) because a registered trademark is legally protected (1)
• Customers can recognise the company's products (1) so the company can build up brand loyalty/sell more than its competitors (1)
• The logo cannot be used by another company to sell its own products (1) so customers are not misled about who made them (1)

For both marks, the expansion must follow/associate with the statement.

Do not accept 'it stops the logo being copied' on its own without a linked reason such as legal ownership or legal action.

Do not accept answers that say the trademark protects the program/code itself, as a trademark protects the brand or logo, not software.

Award up to two marks for a linked explanation such as:

• The licence sets out what a user is allowed to do with the program (1) so a user cannot legally copy it or sell it on (1)
• Only a user with a valid licence key can install/use the program (1) because the program will not run without a valid key (1)
• The licence is a legal agreement between the company and the user (1) so the company can take legal action if the program is copied or sold without permission (1)
• The licence can limit the program to one computer/user (1) so the program cannot be installed on many machines without buying more licences (1)

For both marks, the expansion must follow/associate with the statement.

For the second mark, the reason must state the mechanism by which the licence protects the work, e.g. the licence terms, a licence key/activation, or a legal agreement.

A point without a linked reason can be awarded one mark only.

Allow a named type of licence, e.g. a single-user licence, as the point, provided a linked reason is given.

Do not accept 'it protects the program' or 'it stops people copying it' on its own without saying how.

Do not accept answers that describe copyright, patents or trademarks instead of licencing.

Do not accept answers about security measures such as passwords, firewalls or anti-malware, as these do not protect intellectual property.

Indicative content

What copyright protects and how it applies

• Copyright automatically protects the original source code the student has written, so the copied code is an infringement.
• Copyright protects the expression of the app, such as the code and graphics, not the general idea behind it, so another developer could still write a different revision app.
• Because copyright is automatic, the student does not have to apply or pay to get this protection.
• Copyright gives the student the right to decide who can copy, publish or sell the app.
• The student can use copyright to ask the other developer to remove the copied code or to pay for a licence.

How a licence controls use

• The student can release the app under a licence that sets out what buyers are allowed to do with it.
• A licence can limit the app to one user or one device, so a buyer cannot legally share it with others.
• An open source licence allows others to use and modify the code, but only on the conditions that the licence sets out.
• A commercial licence can require payment before the app can be used, which protects the student's income.
• Credit can be given for either a named licence type, such as an open source or a commercial licence, or a licence control mechanism, such as a licence key or online activation.

Benefits and limitations

• Copyright is free and automatic, but it can be difficult to prove that the other developer copied the code rather than wrote similar code.
• A licence makes the rules clear to users, but it only controls legal use and cannot physically stop someone copying the app.
• Combining copyright with a clear licence gives the student both ownership of the code and control over how the app is distributed.

Levels

• Level 0 (0 marks): No rewardable content.
• Level 1 (1–2 marks): Basic, independent points are made, showing elements of understanding of key concepts/principles of computer science. (AO1) The discussion will contain basic information with little linkage between points made or application to the context. (AO2)
• Level 2 (3–4 marks): Demonstrates adequate understanding of key concepts/principles of computer science. (AO1) The discussion shows some linkages and lines of reasoning with some structure and application to the context. (AO2)
• Level 3 (5–6 marks): Demonstrates comprehensive understanding of key concepts/principles of computer science to support the discussion being presented. (AO1) The discussion is well developed, with sustained lines of reasoning that are coherent and logically structured, and which clearly apply to the context. (AO2)

Additional guidance

• Do not credit security methods such as passwords or firewalls, or patents and trademarks, as protection for the student's app code.
• Level 2 requires each method applied to the app with a benefit or limitation; Level 3 requires both copyright and licencing developed and applied, for example distinguishing the code from the idea behind the app and giving a benefit or limitation for each.

Indicative content

What a patent protects

• A patent protects a new invention, such as the controller's built-in cooling fan, rather than the name or logo of the controller.
• To be granted, the invention must be new, involve an inventive step and be capable of being made or used in industry.
• A patent gives the company the exclusive right to make, use or sell the invention for a limited period.
• A patent protects the invention as set out in the claims of the application, not the general idea of a controller with a fan.
• The cooling design must be described in the application for the patent to protect it.

How a patent would protect the company

• If the patent is granted, the company could stop a rival making or selling a controller that uses the same cooling design without permission.
• The company could take legal action against a rival, for example to have copied controllers removed from sale.
• The company could licence the patent to another manufacturer and receive royalties for each controller sold.
• The patent would give the company a commercial advantage while it sells the new controller, because rivals cannot legally copy the cooling design.
• The company could use the patent to attract investors, as the cooling design cannot simply be copied by competitors.

Limitations of using a patent

• Applying for a patent can be expensive and slow, which could delay the launch of the company's controller.
• The application must describe the invention, so the cooling design becomes public and rivals can study how it works.
• A patent only lasts for a limited period, after which other companies can use the cooling design.
• The patent may be refused or later challenged if the design is not considered new or inventive enough.
• A rival could design a different cooling system that achieves the same result without infringing the company's patent.
• The company would have to pay the legal costs of enforcing the patent in court.

Additional guidance

Level 3 responses must give at least one limitation of patents applied to the company as well as how the patent would protect it.

Do not accept a patent protecting the controller's name or logo (this is a trademark) or stopping the controller being hacked (this is a security method).

Levels

• Level 0 (0 marks): No rewardable content.
• Level 1 (1–2 marks): Basic, independent points are made, showing elements of understanding of key concepts/principles of computer science. (AO1) The discussion will contain basic information with little linkage between points made or application to the context. (AO2)
• Level 2 (3–4 marks): Demonstrates adequate understanding of key concepts/principles of computer science. (AO1) The discussion shows some linkages and lines of reasoning with some structure and application to the context. (AO2)
• Level 3 (5–6 marks): Demonstrates comprehensive understanding of key concepts/principles of computer science to support the discussion being presented. (AO1) The discussion is well developed, with sustained lines of reasoning that are coherent and logically structured, and which clearly apply to the context. (AO2)