Question 1

T IP generally refers to creations of the mind.
T The idea of IP protection is to enable people to exclusively exploit the intellectual property they have developed or created.
T The legislator has to balance colliding interests in order to determine the appropriate level of IP protection.
F IP law protects an idea itself.

Question 2

F A rightholder can license their rights to someone else. However, it is only possible to license IP rights in their entirety (exclusive right), meaning the licensee is now in the same position as the initial rightholder.
T IP protection is limited.
F IP protection is not limited.
T IP assets can be included in the balance sheet as they have a quantifiable value.

F The principle of exhaustion means that once an IP protected good has been sold, the protection is no longer given. note: the Silhouette case: reselling glasses bought in Bulgaria within Austria (because it is within the EU)
T Regarding national treatment, the TRIPS states that no member shall treat nationals of other members less favourably than own nationals.
F The principle of exhaustion does not constitute an exception of the exclusive distribution right of the IP rightholder.
T The TRIPS provision on most-favoured-nation treatment means that all nationals of other members have to be treated as favourably as those of any other country.

T 3 seconds of a melody are theoretically protectable by copyright.
F In order to be protectable, works of art need to satisfy a certain quality standard.
T For copyright protection, it does not matter what the work may be used for.
F The ownership of copyright depends on who first registers the right.

F The form of a toothbrush is not predetermined by its functionality and is therefore a subject matter protectable by trademark law.
T Absolute grounds for refusal of a trademark registration include, for example, a lack of distinctiveness.
T Someone who already has a registered trademark can oppose new registrations of trademarks if the signs are identical and also the goods and services are (at least) similar.
F If an already existing trademark is well-known, this does not hinder another sign to be registered even if it is similar to the already registered sign.

T Incentivizing innovation is one of the reasons for granting patents.
T Patents are sometimes seen as unjust enrichment.
F The European Patent Convention is part of the European Union and provides an autonomous legal system according to which European patents are granted.
T One of the criticisms of the concept of patents is that it leads to the exploitation of poor countries.